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FMG Law Blog Line

Archive for September, 2010

Proposed Legislation Continues Focus on Independent Contractors

Posted on: September 1st, 2010

By Ben Mathis and Amy Combs Bender

For several years, Congress has attempted to pass legislation to regulate the misclassification of workers as “independent contractors.”  The latest effort is the Employee Misclassification Prevention Act, which was introduced in April and seeks to amend the Fair Labor Standards Act (“FLSA”) (the federal law that regulates minimum wage and overtime) to penalize employers who misclassify employees as independent contractors. (more…)

Tort Reform Revisited: Georgia Supreme Court (Finally) Adopts Daubert Standard

Posted on: September 1st, 2010

By Ted Freeman and Michelle Youngblood Terry

In the five years since the enactment of Georgia’s Tort Reform Act, challenges, primarily by plaintiffs, to various provisions of the statute have slowly made their way through the appellate process.  While some key challenges still remain, the Georgia Supreme Court recently adopted the federal Daubert standard for admissibility of expert testimony.  In doing so, the Court finally provides trial judges with sorely needed guidance on their “gatekeeping” function of preventing jury decisions based on “junk” science or other unreliable expert opinions.  This is good news for all defendants. (more…)

The Eleventh Circuit Expands Title IX Sexual Harassment Liability

Posted on: September 1st, 2010

By Mary Anne Ackourey and Bill Buechner

The Eleventh Circuit has expanded the circumstances under which a school district may be held liable for sexual harassment under Title IX.  In Doe v. School Board of Broward County, Fla., (11th Cir. April 27, 2010), a high school student alleged that her math teacher sexually assaulted her in the classroom by, among other things, pinning her against a classroom wall, lifting her skirt, and rubbing his penis against her vagina.   The student alleged that the sexual assault was the result of the school district’s deliberate indifference to actual notice of previous incidents of sexual harassment by the teacher. (more…)