On April 5, 2012, Nebraska Governor Dave Heinemen signed the Nebraska Uniform Real Property Transfer on Death Act (the “Act”) into law. This law was effective as of January 1, 2013. Upon your death, a Transfer of Death (“TOD”) deed allows you to transfer real estate to your designated […]
Publications
Prepayment Fee Provisions: Enforceable or Not?
A prepayment is a prepayment is a prepayment, right? Not necessarily. In determining the enforceability of prepayment fee provisions, courts historically have drawn a distinction between the borrower’s voluntary prepayment of a loan (i.e., a refinancing) and so-called “involuntary” prepayments, such as application of collateral proceeds or funds received through enforcement actions after a lender’s acceleration of the loan due to […]
State Specific Developments: May 2013
Iowa: A Waterloo hospital is fi nalizing a $2 million settlement agreement for a race discrimination class action lawsuit. The class action complaint was fi led on behalf of African American persons who applied for employment with the hospital but were not hired, who were passed over for promotional opportunities, […]
Eighth Circuit Vacates Front Pay Award For FMLA Violation As Too Speculative
The Eighth Circuit recently held that an employer interfered with a sick employee’s job protection rights under the Family Medical Leave Act (“FMLA”) by failing to reinstate her to a position that she never actually performed. However, in the same decision, the court vacated a ten-year front pay award of […]
Pennsylvania Court Holds Partial Deafness Not a Disability Under ADAAA
A Pennsylvania federal court has held that deafness in one ear is not a disability under the ADA Amendments Act (ADAAA). In Mengel v. Reading Eagle Co. (E.D. Penn.), Christine Mengel, a copy editor and page designer at the Reading Eagle newspaper, filed a complaint alleging she was discriminated against […]