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Robert Abell
Lexington, Kentucky
"Lets have faith that right makes might; and in that faith let us, to the end, dare to do our duty as we understand it." - Abraham Lincoln
Interests: Nothing on this blog is legal advice, and it shouldn't be taken as legal advice. This blog is free; legal advice you have to pay for. My purpose is to discuss events, cases and other things that seem important. I invite comments, although I may delete them because they are offensive to me, idiotic or any other reason I happen to think of.
Recent Activity
We examine and discuss vehicle stops and the Fourth Amendment: Robert L. Abell Continue reading
Posted yesterday at ... and Justice for All
One would have thought that telecommuting as a reasonable accommodation for an employee's disability was a dead letter following the Sixth Circuit's en banc decision in EEOC v. Ford, 782 F.3d 753 (6th Cir. 2015). Not so as the Court's... Continue reading
Posted yesterday at Kentucky Employment Law Blog
For reasons beyond explaining employment discrimination law has incorporated the "cat's paw doctrine" to dress up what is a proximate cause analysis. The "cat's paw doctrine" appeared in the Court of Appeals recent decision, Lindsey v. Bd. of Trustees of... Continue reading
Posted 2 days ago at Kentucky Employment Law Blog
States, particularly in the South, have abandoned or nearly abandoned efforts to enforce their wage and hour laws that require payment of overtime and/or the minimum wage, as reported in Politico, Minimum Wage Large Unenforced. Wage theft is not a... Continue reading
Posted 5 days ago at Kentucky Employment Law Blog
The stop of a vehicle requires a reasonable suspicion that an occupant has been engaged in criminal activity or is, for some other reason, subject to seizure, i.e., arrest. If the registered owner of a vehicle is the subject of an outstanding arrest warrant, he or she would be subject to seizure, so is that fact alone enough to support... Continue reading
Posted Feb 16, 2018 at ... and Justice for All
The Kentucky Supreme Court ruled today that a deputy sheriff is not covered by KRS 15.520, commonly referred to as the Police Officers' Bill of Rights. The case is Elliott v. Lanham. The case arose in the Boyle County Sheriff's... Continue reading
Posted Feb 15, 2018 at Kentucky Employment Law Blog
Is an employee who declines to remain employed and facilitate healthcare fraud constructively discharged? This is the question presented to the Sixth Circuit by Sue Smith v. LHC Group, which was argued yesterday to a panel of Judge Gilbert Merritt,... Continue reading
Posted Feb 2, 2018 at Kentucky Employment Law Blog
A successful plaintiff on a discrimination claim is presumptively entitled to back pay in an amount to make them whole, "that is, to place [them] in the position [they] would have been in but for discrimination." Rasimas v. Michigan Dept.... Continue reading
Posted Jan 30, 2018 at Kentucky Employment Law Blog
I'm reviewing the transcript of a cross-examination of a retired law enforcement officer who has been offered up to testify regarding the "red flags" characteristic of a "pill mill." It is not going all that well for the witness; he's already been forced to concede that the notion of characteristic red flags is bullshit: The red flags, they fluctuate. Again,... Continue reading
Posted Nov 25, 2017 at ... and Justice for All
An employee is wrongfully discharged under Kentucky law where a substantial factor for the termination is the employee's refusal to violate the law in the course of employment. This is an exception to the at-will employment doctrine that the Kentucky... Continue reading
Posted Nov 16, 2017 at Kentucky Employment Law Blog
The New York Times reports on A Growing Call to Limit Lawyers' Donations to Prosecutors. I get the point: conspiracy nut-cases argue that campaign contributions to prosecutors by defense lawyers yield sweetheart deals for their clients. Even if premise -- that prosecutors may be prone to sacrifice good judgment to political expedience -- of this notion is accepted, it is... Continue reading
Posted Nov 15, 2017 at ... and Justice for All
What I've called the fen-phen flim-flam has been a tremendous and continuing embarrassment to Kentucky lawyers and to our court system. It would appear from the Kentucky Supreme Court's decision in Ford v. Baerg that the Court has had more than enough of it and those lawyers associated with it. Enough is enough, however, makes for some most puzzling legal... Continue reading
Posted Nov 6, 2017 at ... and Justice for All
Some good questions raised in Politico: America's Prosecutors Were Supposed to Be Accountable to Voters. What Happened? And so it goes. Robert L. Abell Continue reading
Posted Nov 5, 2017 at ... and Justice for All
Yes. The Sixth Circuit's recent decision in Alexander v. Eagle Mfg. Co., Inc., is a good example why. The plaintiff, Alexander, filed a wrongful discharge claim under Kentucky law, claiming that he reported illegal business practices in an effort to get them stopped but was fired for this efforts. In response to a motion to dismiss, Alexander suggested that his... Continue reading
Posted Nov 2, 2017 at ... and Justice for All
While, as the New York Times reports, The Supreme Court Needs Fact Checkers, it doesn't just make things up, although its opinions far too often show that the Justices do not know what their talking about with regard to some of the evidence in their cases. This is shown by a report from ProPublica, It's a Fact: Supreme Court Errors... Continue reading
Posted Oct 19, 2017 at ... and Justice for All
A criminal justice reform bill has been introduced in the Senate. Importantly, Senate Judiciary Chairman Charles Grassley (R - Iowa) is a strong supporter along with a fairly large bipartisan group of Senators. So there is hope that the bill becomes actual law. Politico reports: Senators Unveil Bipartisan Criminal Justice Reform Package. Here's some highlights: Drug felons would have a... Continue reading
Posted Oct 6, 2017 at ... and Justice for All
Sometimes (they say) a judge faced with a record compelling a result that he does not agree with or wish will reach for a liferaft, a way out. Dana Milbank sugggests in the Washington Post, Fake News Comes to the Supreme Court, that Justice Alito may have resorted to "fake news" in the political gerrymandering case argued earlier this week.... Continue reading
Posted Oct 4, 2017 at ... and Justice for All
The United States (no longer) Justice Department has announced it will re-try Desiree Fairooz, whose offense was to laugh when Attorney General Jefferson Sessions told some laughable whopper at his confirmation hearings. Dana Milbank reports in the Washington Post, Apparently, It's Illegal to Laugh At Jeff Sessions. Does Mr. Sessions remind of anyone, maybe this Chicken Guy: which reminded me... Continue reading
Posted Sep 5, 2017 at ... and Justice for All
Ever wonder what a false arrest looks like? Here's a video of a nurse in Salt Lake City being arrested after she informs a police officer that he can't draw blood from a patient without a warrant, consent from the patient or the patient being under arrest: Why did the nurse get arrested? Because, as the police officer explains, she's... Continue reading
Posted Sep 1, 2017 at ... and Justice for All
In what can only be described as a stunning development, the Sixth Circuit vacated on habeas review a state court murder conviction and ordered the accused be set free in Tanner v. Yukins. The upshot is that an individual, Hattie Tanner, that, according to the Sixth Circuit, only a crazy person could find guilty based on the evidence presented by... Continue reading
Posted Aug 31, 2017 at ... and Justice for All
An excellent and conservative assessment of the value of class actions comes from Brian Fitzpatrick, a professor at Vanderbilt Law School, in a forthcoming article, Do Class Actions Deter Wrongdoing? Professor Fitzpatrick offers the following summary: I and other scholars have long pointed to the deterrence virtue of the class action to justify its existence even when it was doubtful... Continue reading
Posted Aug 30, 2017 at ... and Justice for All
Innocence, along with reason and circumpsection, have become too rare in our present-day criminal justice system. We've discussed previously the reality of innocent persons pleading guilty to crimes: Do Innocent People Plead Guilty? and Do Innocent People Plead Guilty? Part 2. Emily Yoffe reports in the September issue of The Atlantic: Innocence Is Irrelevant. And so it goes. Robert L.... Continue reading
Posted Aug 14, 2017 at ... and Justice for All
There isn't now, but University of Chicago law professor Aziz Huq argues there should be, When Government Defames. It is very, very unlikely that any such legislation in the current Congress has better than a proverbial snowball's chance. Robert L. Abell Related articles Police charges show challenge of confronting code of silence Mirror of Justice Do you know about... Continue reading
Posted Aug 10, 2017 at ... and Justice for All
Jessica Brand of the Fair Punishment Project, a criminal justice organization, reports at on the outrageous threats made by San Antonio (Bexar County) District Attorney Nico LaHood toward two criminal defense attorneys. Why Prosecutors Bully. LaHood made the threats in the presence of a Judge who testified for the defense at a later hearing and suggested that the D.A.... Continue reading
Posted Aug 7, 2017 at ... and Justice for All
Justice Ruth Bader Ginsburg held forth recently on the Supreme Court's upcoming term reports Adam Liptak, the New York Times' Supreme Court reporter, On Justice Ginsburg's Summer Docket: Blunt Talk on Big Cases. Some of the cases that will find most popular discussion present issues of privacy rights in information held by cellphone companies, religious objections to same-sex marriages and... Continue reading
Posted Aug 1, 2017 at ... and Justice for All