Montana Fair Hous., Inc. v. Am. Capital Dev., Inc.: Montana Federal Court Rules Developer Violated the FHA
A federal district court in Montana recently considered whether the actions of an architect, builder, and owners of a low-income housing project violated the federal Fair Housing Act ("FHA").
Wright v. Rub-A-Dub Car Wash, Inc.: Landlord's Consent to Sublease Can Be Withheld to Address Environmental Problems on Property
The Supreme Court of Mississippi recently considered when it would be unreasonable for a landlord to withhold its consent to allow a tenant to enter into a sublease.
From 1990 forward, Rub-A-Dub Car Wash, Inc. ("Tenant") operated a car wash on subleased property owned by several individuals (collectively, the "Owners"). The sublease stated that the tenant could not sublease without the consent of the Owners. It also stated that the Owners’ consent could not be "unreasonably withheld."
Gleklen v. Democratic Congressional Campaign Comm., Inc.: Employer Acting in Nondiscriminatory Manner Can Terminate Pregnant Employee Who Refuses to Work Full-Time
The federal appellate court for the District of Columbia recently considered when an employer can fire a pregnant employee.
Amy Gleklen (“Employee”) worked as Deputy Director of the Harriman Communications Center (“Employer”), which is part of the Democratic Congressional Campaign Committee. Since the Employer’s needs for employees were cyclical, the Employee moved back and forth between full and part-time status with the Employer.
Flamm v. Am. Association of Univ. Women: Defamation Lawsuit Can Proceed Against Association for Statements Contained in Attorney-Referral Directory
In 2000 a federal appeals court considered when an association could be liable for defamation for statements published in a referral guide that it distributes to its members.
Alexander v. Omega Management, Inc.: Property Management Company Is Not Subject to Federal Debt Collection Rules
A Minnesota federal district court considered whether a property management company was subject to the rules of the Fair Debt Collection Practices Act ("FDCPA") when it tried to collect late fees from a member of a property owners association.
Re/Max of New Jersey, Inc. v. Wasau Ins. Co.: New Jersey Re/Max Sales Associates Are Considered Employees for Purposes of Workers' Compensation
The Supreme Court of New Jersey recently considered whether Re/Max sales associates are classified as independent contractors or employees under the state’s workers’ compensation laws.
Workers' compensation laws vary by state. In general, employees carry workers' compensation insurance or self-insure for this type of liability. Employers must provide coverage for employees. Whether an independent contractor must be covered under workers' compensation laws is determined by state statute and interpretive judicial decisions (case law.)
American Society of Association Executives v. United States: Federal Court Upholds Tax on Lobbying Activities of Tax-Exempt Organization
A federal appeals court considered whether a tax on the lobbying activities of a tax-exempt 501 (c)(6)organization unconstitutionally interfered with the free-speech rights of such organizations.
Hyatt Corp. v. Women’s Int’l Bowling Congress: Women Bowlers Roll Strike against Hotel Giant in Dispute over Convention Reservations
In 1999 a federal district court in New York considered whether a large association was liable for unused hotel rooms that the hotel blocked off for its annual convention.
In 1993, the Women’s International Bowling Congress (“Association”) chose Buffalo, New York as the city for its 1996 Annual Meeting and Championship Tournament (“Convention”). The Association chose the Hyatt Regency Buffalo (“Hotel”) as the Association’s headquarters for the three-week Convention.
The Supreme Court of the United States recently considered whether Missouri’s limits on campaign contributions violated the First and Fourteenth Amendment free speech guarantees found in the Constitution of the United States.
In 1997, Missouri voters approved a ballot initiative that established limits on campaign contributions. The limits ranged from $250 to $1,000, depending on the demographics of the candidate’s constituency. The limits were indexed for inflation. At the time this lawsuit was filed, the limits were $275/$1,075.
The Supreme Court of Utah recently considered whether the failure to understand a contract written in English is an appropriate basis for voiding a real estate sales contract.