Workplace Prof Blog
Forgive me for a bit of self-promotion, but I wanted to flag an amicus brief that a group affiliated with UNC Law filed with the Supreme Court supporting a petition for cert. by the Plaintiff in Torres v. Texas Department of Public Safety. The question centers on war powers abrogation, specifically whether state employers retain sovereign immunity in the face of congressional war powers legislation. In Torres, that legislation is USERRA, which prohibits employment discrimination based on military service and provides leave and other benefits for servicemembers called to active duty or attending training for, e.g., National Guard. Given the huge number of active and reserve servicemembers, this is an important statute even in normal times. But it s especially so now in a year that saw the greatest mobilization of National Guard troops since Wold War II.
defect, that they would stand behind the protections under the bankruptcy protection, under the bankruptcy clause. keep in mind that gm was in bankruptcy for much of this period of time and this would not be obligated to pay anyone for what happened to a cobalt. there is this underhanded push to encourage people to take the compensation, whatever it might be from mr. feinberg, not go to the courts because gm s own lawyers are going to fight them and claim that they have protection from bankruptcy. it seems to me like they ve got to sort the families have got to get clear answers as to whether they don t know how much they are going to get and they don t know who is going to be getting that money. if, for example, you sat in the back seat of a car that had a terrible accident, would you be compensated? you weren t in the front seat. you didn t have air bag protection if the air bags didn t go off but you re still in an accident allegedly caused by a defect involving the