Tag Archives: Protected

NLRB Takes First Step to Restore More Limited Definition of “Protected Concerted Activity”

A 3-1 majority of the National Labor Relations Board announced last week its intent to level set what constitutes “protected concerted activity” given that the Board has over the years “blurred the distinction between protected group action and unprotected individual … Continue reading

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Are construction workers well protected against injuries and illnesses related to nanoparticles?

The dust generated on construction sites can have adverse health effects on construction workers. Different activities on construction sites can generate different types of nanoparticles and ultrafine particles that can lead to serious respiratory diseases such as silicosis and lung … Continue reading

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Avvo’s Lawyer Ratings Protected by the First Amendment, Judge Rules in False-Advertising Suit

In what may yet turn out to be a case with a controversial decision, U.S. District Judge Koeltl ruled that Avvo’s lawyer ratings are statements of opinion and are protected by the First Amendment and the New York Constitution. This … Continue reading

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4th Circuit on Protected Activity

Thanks to Jon Harkavy (Patterson Harkavy) for sending word of the Fourth Circuit case Netter v. Barnes. Although the plaintiff lost, Judge Motz's opinion for the Court rejects a broader rationale that would have hampered enforcement of section 704 of… … Continue reading

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018)Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the concept … Continue reading

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