By Don Benson, Esq. The Second Circuit issued an opinion on February 16, 2016, holding that “Hispanic” is a race for the purposes of both 42 U.S.C. §1981 and 42 U.S.C. § 2000e, Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (2d Cir. 2016). The Court rejected the employer’s argument that promotion of a white Hispanic candidate over a white non-Hispanic candidate cannot be racial discrimination.  The employee could bring a claim  under  § 1981 or Title VII: Based on longstanding Supreme Court and Second Circuit precedent, we reiterate that “race” includes ethnicity for purposes of § 1981, so that discrimination based on Hispanic ancestry or lack thereof constitutes racial discrimination under that statute. We also hold that “race” should be defined the same way for purposes of Title VII. Plaintiff sued the Village of Freeport, N. Y., alleging race discrimination under both statutes  because the former mayor failed to…       Read More

Written by: Bradley R. Coppedge, Esq. Special care must be given to planning for a special needs child.  “Special Needs”, for our purposes, means a child (whether an adult or minor) who at birth or subsequently thereafter is mentally, physically, emotionally or developmentally impaired or disabled to such degree as would enable the child to be eligible, or potentially eligible, for means-tested public or governmental benefits or assistance. I. Estate Planning for a parent of a disabled or special needs child. A parent who has a special needs or disabled child has basically three (3) planning options in implementing the parent’s estate plan: (1)        Effectively disinherit the child, and allow the child to rely solely on public benefits.  This is not as harsh as it may sound in that if the parent’s wealth is modest, the child’s needs great, and there are other children to provide for, this may be…       Read More

HBS Partners Jo Jagor and Ryan Donihue will be joining Dr. Mitchell Gardiner for a A Simulated Dental Malpractice Court Case Presented Live at the 2017 Hinman Dental Meeting. They will be presenting on March 24th from 2:00-5:00pm. Using an actual dental malpractice case, this program will portray what really takes place in the courtroom between a defendant dentist and malpractice lawyers. Meeting attendees will get to see and hear the examination and trial testimony of the dentist by two of Atlanta’s premier malpractice attorneys. Question and answer periods will allow attendees to better understand procedures and the types of questioning common in court. A jury of dentists will determine the outcome.

Written by: Dale E. Slemons, Esq. As you know, one of the most important avenues to control the medical costs and overall exposure of your workers’ compensation claims is to utilize the control given to Employers by O.C.G.A. 34-9-201, which requires that the Employer maintain a valid Panel of Physicians. As you may know the statute requires that you list at least six physicians or professional associations or corporations of physician who are reasonably accessible to the Employee, among other additional requirements. While we recommend periodic verification of your Panel providers be part of your routine, we also like to inform you when information is obtained that may invalidate your Panels. In that regard, we wanted to take this time to let you know that Dr. Michael Kalson, of Academy Orthopedics, LLC has retired. If you have Dr. Kalson listed individually on your Panel of Physicians, you may want/need to…       Read More