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August 2013




EEOC Sues Over Criminal Background Checks

Criminal Background Checks

 By Mary Anne Ackourey and La'Vonda McLean

The U.S. Equal Employment Opportunity Commission (EEOC) has begun filing lawsuits against employers for their use of criminal background checks.  Last month, the EEOC filed a lawsuit against Dollar General and a BMW manufacturing plant in South Carolina over their use of criminal background checks that resulted in employees being fired and job applicants being screened out for employment.

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Faulty Workmanship Can Be An Accident

Cracked FoundationBy: Neil Wilcove and Jonathan Kandel

The Supreme Court of Georgia recently clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July 12, 2013), the court clarified that a construction defect claim constitutes an “occurrence,” as defined in a standard CGL policy, when the only damage alleged is to the work of the insured contractor.  While the court’s decision does not change the substantive scope of insurance coverage for construction defect claims, it shifts the focus of coverage.

 

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TCPA Class Action on Opt-Out Confirmation Text Messages Dismissed

Text MessageBy: Matt Foree

A U.S. District Court in California recently dismissed a putative class action under the Telephone Consumer Protection Act (TCPA).  See Holt v. Redbox Automated Retail, LLC, Case No. 11cv3046 (S.D. Cal. 2013).  The matter concerned Defendant Redbox Automated Retail, LLC (Redbox) and its post opt-out confirmation text messages.  The original plaintiff in the matter, Kathleen Holt, who filed the complaint individually and on behalf of all others similarly situated, responded to an unsolicited text message from Redbox with an opt-out text message.

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Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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