First Circuit Court of Appeals to Decide Dispute Involving Handling of Settlement Demands within Policy Limits
3/15/19
By: Ben N. Dunlap
A claimant’s demand to settle a case within the limits of a defendant’s liability insurance policy can lead to a variety of outcomes driven by the particular allegations, evidence, liability and damages evaluations, procedural posture, and …
Split in the Circuits May Force SCOTUS to Revisit Kingsley
3/14/19
By: Ali Sabzevari
In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Supreme Court held that a pretrial detainee may prevail on a § 1983 excessive force claim if he or she shows that the force used was …
Employers Should Consider "Prevailing Party" Language In Arbitration Clauses
3/13/19
By: Ken Menendez
Employers seeking to discourage frivolous claims by employees may wish to consider utilizing a “prevailing party” clause as part of their agreement to arbitrate.
Many employers utilize arbitration as a means of avoiding the generally greater cost …
Before bringing or defending an enforcement action filed in court involving an HOA, ask, does your state first require ADR or that a request for ADR be made?
3/12/19
By: Michael Shepherd
As courts across the country become more congested, many courts now order the parties to participate in some form of alternative dispute resolution, such as mediation or non-binding arbitration. When it comes to Homeowners Associations, many state …
Department of Labor Unveils Its Long-Awaited Proposed Overtime Rule
3/11/19
By: Brad Adler
On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited proposed rule that would revise the white collar overtime exemption regulations. In its proposed rule, the DOL proposed raising the minimum annual salary for …
EEO-1 Reporting Is Coming and There Are Some Things You Should Know
3/11/19
By: Hillary Freesmeier
Employers with 100 or more employees are no stranger to the EEO-1 Report. The EEO-1 Report requires all employers with 100 or more employees, or federal contractors with 50 or more employees awarded a contract of $50,000 …
Trends in Real Estate Claims
3/5/19
By: Peter Catalanotti
In representing real estate brokers through their Errors & Omissions insurance for over a decade, I often get asked what types of claims are trending. What follows is my experience regarding real estate broker claim trends.
Real …
Employers Reconsidering Forced Arbitration in Response to Protest
3/4/19
By: Hassan Aburish
In late 2017, the “Me Too” movement ignited after actress Ashley Judd publicly accused media mogul Harvey Weinstein of sexual harassment. Since then, the movement has led to vast changes in the workplace. Numerous industry leaders have …