Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
National Litigation Hotline
Eighth Circuit Finds Severance Agreement's Waiver of Age Discrimination Claims Valid
The Eighth Circuit has held that an employee's waiver of his ability to bring an age discrimination claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. ” 621-34, upon severance from his employer was knowing and voluntary, and therefore valid, in that it was written in a manner calculated to be understood. Parsons v. Pioneer Seed Hi-Bred International, 2006 WL 1359660 (8th Cir. May 19).
After defendant Pioneer Seed Hi-Bred International (hereinafter, 'Pioneer') eliminated his position, plaintiff Roger Parsons, age 55 at the time, was given two severance options. Parsons sought the advice of counsel and chose one of those options, which provided that in consideration for the receipt of a lump sum payment, including the prorated value of his annual bonus and other payments and benefits as outlined in the agreement, he would 'forever release and discharge Pioneer ' from ' any and all other causes of action, claims or demands or expenses of any kind (including attorney fees and costs actually incurred), at law or equity, to settle potential claims [he] may have pursuant to ' the Age Discrimination in Employment Act ” Parson's signed this agreement and then brought suit for age discrimination under the ADEA. The United States District Court for the Southern District of Iowa granted summary judgment for Pioneer after finding that the severance agreement validly waived Parson's right to bring an age discrimination suit.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?