• Conduct, and Not Added Prejudice, is Sufficient to Show Waiver of an Arbitration Clause.

    In May 2022, the Supreme Court of the United States (“SCOTUS”) unanimously held that an arbitration contract is to be treated “just as the court would any other [contract].” Morgan [...]

  • ADA Claimant Must Connect Reasonable Accommodation to Medical Condition

    The Eighth Circuit Court of Appeals recently held there was no failure to accommodate when an employee did not state that a requested change was connected to a medical condition.   [...]

  • Long-Haul COVID-19 Illness May Qualify as a Disability Under the Americans with Disabilities Act

    Although most people with COVID-19 recover within weeks, some continue to experience symptoms months or longer following initial infection or may experience new or recurring symptoms at a later time. [...]

  • U.S. Supreme Court Takes Broad View of Qualified Immunity for Police Officers

           The United States Supreme Court recently held that a police officer who shot a woman holding a knife outside her home was entitled to qualified immunity because [...]

  • ERISA: A Plan Sponsor’s liability for an underfunded plan.

    The 8th Circuit recently held that a defined benefit pension plan participant’s claim against a Plan Sponsor cannot move forward if an underfunded plan becomes overfunded during the course of [...]