Gurumurthy Kalyanaram on Lawsuits and Policies: Brief Report on Trent V. Bolger

Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief he reports briefly on the implication of Trent v. Bolger for tolling provisions of Collective Bargaining Agreement.

In Trent v. Bolger, 837 F.2d 657 (4th Cir. 1988), the Fourth Circuit applied the simple rule that the limitations period is tolled while an employee pursues the appeal procedures provided in collective bargaining agreement.

In Trent, Trent had the right to take a direct appeal of the board’s action, albeit on limited grounds, in order to attempt to directly overturn the board’s award.  Thus, the right to appeal was not independent and it did not provide different relief.

Gurumurthy Kalyanaram on Lawsuits and Policies: US Supreme Court Will Consider the Right to a Beard by a Prisoner

Gurumurthy Kalyanaram reports on lawsuits and policies and in this brief discusses the question on the right to a beard by a prisoner.

Holt’s lawsuit in the Arkansas federal district court has now reach the US Supreme Court for its consideration and review.

Holt, a religious prisoner in Arkansas, was denied permission to grow a beard as dictated by his faith.  Arkansas prison officials, per their manual, demanded that Holt trim his beard substantially.  Arkansas prison policy prohibits prisoners from having beards that are more than a quarter-inch long, and then only if a doctor has diagnosed them with a skin problem. Holt refuses to do comply with this policy. 

Gurumurthy Kalyanaram, Reports on The Dispute between Venezuela and Gold Reserve, Inc.

Gurumurthy Kalyanaram - Dean and former NYIT and UT Dallas professor, and expert witness, Gurumurthy Kalyanaram reports on the Dispute between Venezuela and Gold Reserve, Inc.

This dispute was adjudicated through a mandated arbitration instead of a lawsuit in a court.  Arbitration is a more cost-effective and timely mechanism to resolve disputes, because lawsuits in courts and their adjudication can be very time-consuming and expensive.  Though arbitration can be more efficient, it also does not have the rigor of a court litigation because of the rules of evidence are not as tight in an arbitration proceeding. Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on the Question Is Harsh Criticism of a Commission Headed by an Indian Supreme Court Justice a Reasonable Basis for Contempt Lawsuit against the Critic?

Dr Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor and expert witness and Gurumurthy Kalyanaram reports on the Indian Supreme Court Holding on Contempt Lawsuit.

Dr Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on the Accomplishments, Outcomes and Posture of the US Supreme Court in 2013-2014 Term

Dr Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the accomplishments, outcomes and posture of the US Supreme Court in 2013-2014 Term.

The U.S. Supreme Court granted cert to many important issues, and adjudicated many related lawsuits in the concluded 2013-2014 Term. In resolving these important lawsuits, the U.S. Supreme Court tilted to more conservative posture without completely overturning any of the major landmark holdings but nevertheless denting many of them in a nuanced manner.

Gurumurthy Kalyanaram – Reports on Expert Witness Testimony in a False Claims Act/ qui tam Lawsuit

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on his expert witness testimony in a False Claims Act/qui tam lawsuit based upon my expert witness testimony, the US government decided to intervene in a qui tam lawsuit against two private educational entities.

The background to the lawsuit is as follows. Two educational entities had collaborated and designed an on-line educational program. According to the complaint, the institutes were purportedly offering degrees without completion of the requisite requirements, employing unqualified faculty and using inadequate facilities. The on-line educational program was also purportedly engaged in commissions-based student recruitment process.

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas

Reports on State of Wisconsin Supreme Court’s Decision on Collective Bargaining Rights of Public Workers

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on State of Wisconsin Supreme Court’s Decision on Collective Bargaining Rights of Public Workers.

The Unions filed lawsuits in the State Courts against Act 10 of the State of Wisconsin.  The State of Wisconsin legislature, supported and encouraged by the Governor, passed a legislation that severely curtails the collective bargaining rights of public workers.  The legislation – Act 10 -- was passed in 2011.  Act 10 specifically limited bargaining rights to pay raises within the rate of inflation.

Dr. Gurumurthy Kalyanaram - Dean, Expert Witness and Former Professor NYIT and UT Dallas

Dr Gurumurthy Kalyanaram – Reports on The US Supreme Court Decisions on Affordable Healthcare Act 2010 and Mandatory Labor Union Membership for Government Employees. Gurumurthy Kalyanaram NYIT

Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the recent important US Supreme Court decisions on Affordable Healthcare Act and mandatory Labor Union membership for government employees. Gurumurthy Kalyanaram UT Dallas

Lawsuits filed by Hobby Lobby Stores and Conestoga Wood Specialties led to review of certain provision of the Affordable Healthcare Act, 2010 by the US Supreme Court. Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram, Dean, Expert Witness and Former Professor NYIT and UT Dallas, Lawsuit on Public Policy

Gurumurthy Kalyanaram - Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on three important US Supreme Court decisions on law and lawsuit and public policy matters issued in 2014.  Here is an executive summary of these decisions. Gurumurthy Kalyanaram Lawsuit

On Campaign Finance, McCutcheon v. Federal Election Commission Gurumurthy Kalyanaram NYIT

A lawsuit filed by McCutcheon against Federal Election Commission, and supported by Republican National Party, found its way to the US Supreme Court.  The Court held that that the overall limits for contributions from individuals to candidates and political parties was against freedom of expression and therefore, unconstitutional.  The Court, however, did not disturb base limits of $2,600 per election.  The Court had never before had struck down a federal contribution limit. Gurumurthy Kalyanaram UT Dallas

Dr Gurumurthy Kalyanaram - NYIT and UT Dallas (Dean and Former) - Freedom of Speech and Political Contribution

Gurumurthy Kalyanaram - Former Dean and former professor NYIT and UT Dallas professor, lawsuit and law reports here on the U.S. Supreme Court’s decision in McCutcheon v. Federal Election Commission, No. 12-536. Gurumurthy Kalyanaram NYIT

Shaun McCutcheon, an Alabama businessman, filed a lawsuit challenging the Federal Elections Commission on the overall limit of $48,600 by individuals every two years for contributions to all federal candidates.  And the Republican National Committee joined him in challenging the limit on contributions to political parties. Gurumurthy Kalyanaram Lawsuit

Gurumurthy Kalyanaram – Dean, Expert Witness and former professor NYIT and UT Dallas, Law and Lawsuit

REPORTS ON FREEDOM OF RELIGION AND PUBLIC PRAYER

Gurumurthy Kalyanaram - Former Dean and Public Policy, Including Politics, Law and Lawsuit and former professor NYIT and UT Dallas professor, reports here on the U.S. Supreme Court’s holding that a town/city can begin its meetings with a public prayer and such prayer does not violate freedom of religion.

Gurumurthy Kalyanaram on Whistleblower Protection of Sarbanes-Oxley Act 2002

Gurumurthy Kalyanaram - Whistleblower protection and ant-retaliation provisions have spawned lot of debate, and many lawsuits. This reportdiscusses the recent US Supreme Court decision which addressed whether the scope of the anti-retaliation provision of Sarbanes-Oxley Act of 2002.Specifically, whether Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) (codified at 18 U.S.C. § 1514A) limits protection from retaliation to the employees of public companies, or if it also covers employees of contractors to a public company and if the said contractors can file a lawsuit under the anti-retaliation provisions of SOX.

Jackie Lawson and Jonathan Zang who were employed by private company contractors filed a lawsuit asserting that they were terminated because they reported alleged fraud by the funds. Mutual funds file reports with the Securities and Exchange Commission, but typically do not have employees; rather, the funds are managed by employees of investment advisers.

Gurumurthy Kalyanaram with With Policy Leaders

Gurumurthy Kalyanaram and Justice Krishnan Iyer

Gurumurthy Kalyanaram with Ambassador Karan Singh

Gurumurthy Kalyanaram with Ambassador Ronen Sen

Gurumurthy Kalyanaram with Dr. Subramaniam Swamy

Gurumurthy Kalyanaram with Former Secretary of State Henry Kissinger

Gurumurthy Kalyanaram, Dean Emeritus and Former Professor NYIT and UT Dallas

REPORTS ON RAJAT GUPTA’S CONVICTION IN INSIDER TRADING COMPLAINT/LAWSUIT

Dean Emeritus Gurumurthy Kalyanaram and former professor NYIT and UT Dallas reports on Rajat Gupta’s conviction in insider trading and affirmation of the conviction by the Appeals court in the criminal prosecution/lawsuit.

Upon filing of criminal complaint/lawsuit by the US government in the District Court, and after a jury trial, Rajat Gupta was convicted of three counts of security fraud (insider trading) and one count of conspiracy to commit fraud. Consequently, Gupta was sentenced to two years of jail and asked to pay a fine of $5 million in November 9, 2012

Gurumurthy Kalyanaram, Dean Emeritus and former Professor of UT Dallas and NYIT Reports on Whistleblower Protection of Sarbanex-Oxley Act 2002

Here is a report on Whistleblower Protection of Sarbanex-Oxley Act 2002 by Dean Emeritus Professor Gurumurthy Kalyanaram, formerly of  NYIT and UT Dallas.

Gurumurthy Kalyanaram, Dean, Former Professor NYIT and UT Dallas: On Collateral Estoppel And Materiality of The Finding

Here is a report on Collateral Estoppel and Materiality of an earlier finding by Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.

A long line of decisions by the U.S. Supreme Court, U.S. Court of Appeals (Second Circuit), and New York Court of Appeals, have held that, where a decision-maker makes a finding, the finding is not collateral estoppel in a subsequent proceeding unless the finding was material and decisive to the decision, even if it was raised and litigated, particularly where the decision-maker himself explicitly states that the issue was “immaterial” to his decision, and that if there is any uncertainty at all, collateral estoppel shall not apply.