By: Bart Gary and Seth Kirby
The Georgia Court of Appeals recently decided a case concerning whether a home builder was entitled to coverage under a commercial general liability policy for damages sustained by a homeowner due to construction errors. In keeping with recent precedent, the Court held that the insurance policy did not provide coverage for the costs incurred to repair the builder's defective installation of flashing on the home's exterior. The policy did, however, provide coverage for all other damage caused by the defective flashing.
By: Jennifer Ward and Behnam Salehi
Over the past two years, The National Labor Relations Board ("NLRB") has shown an ever increasing interest in employer handbooks and workplace policies. In doing so, the NLRB has heavy-handedly struck down the employee handbooks and policies of the biggest employers in the country, including Boeing, General Motors, and Target. Most recently, the NLRB set its sights on an imaginable culprit - Hooters.
By: Peter Munk
The Supreme Court recently issued a per curiam opinion
in Tolan v. Cotton
vacating the Fifth Circuit Court of Appeal's grant of summary judgment to a police officer on the basis of qualified immunity. Tolan
is noteworthy for two reasons. First, it marks the first time in 10 years
that the Court has ruled against a police officer in a qualified immunity case. Second, the Court's decision to vacate and remand was based on the lower courts' "clear misapprehension of summary judgment standards."
By: Frank Hupfl
The Equal Employment Opportunity Commission ("EEOC") and US Federal Trade Commission ("FTC") recently co-authored two publications on the use of background checks in both the workplace and during the hiring process. The first publication is titled "Background Checks: What Job Applicants and Employees Should Know" and is directed at job applicants and employees. The second, titled "Background Checks: What Employers Need to Know" is directed at employers. In both publications, the agencies highlight and explain the rights and responsibilities of the respective parties in the use of background checks in employment decisions.