Author: Martha P. Brown

Coverage

When Does an Occurrence Occur? Malicious Prosecution & Coverage

In this era of sophisticated DNA testing, exonerations of incarcerated individuals have become increasingly commonplace. The ensuing malicious prosecution lawsuits have justifiably resulted in high verdicts and settlements. The key issue for many municipalities is whether and under which policies of insurance is coverage triggered for these malicious prosecution claims. On November 21, 2019, the Supreme Court of Illinois, in Sanders v. Illinois Union Insurance Company, definitively determined that claims of malicious prosecution trigger coverage only under policies of insurance in effect on the …

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Employment Practices Liability

When Workplace Gossip is Grounds for Title VII Claim

In less than 18 months of employment, Evangeline Parker received six promotions.  Then rumors circulated that Parker’s precipitous rise through the ranks “must” have been because she was sleeping with her boss.  When Parker complained about the rumors and confronted the employee who allegedly started the rumors, she was terminated.  Reversing the district court’s dismissal of the lawsuit, the Fourth Circuit Court of Appeals, in Parker v. Reema Consulting Services, held that such rumors could form the basis of a sexual harassment claim in …

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Employment Practices Liability

Heavy Scrutiny of Employment Agreements

Agreements within employment contracts and employee handbooks continue to be subject to strict scrutiny by the NLRB. In a recent decision, the Sixth Circuit enforced an NLRB Order finding multiple NLRA violations for prohibiting employees from engaging in “collective bargaining.” The issue should be of interest to all employers given the common misconception that the NLRA only applies to unionized employers.

The NLRA applies to union and non-union employers, with certain exceptions. “Employees shall have the right to self-organization, to form, join, or assist labor …

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