First Decisions on Application of Insuring Agreement to Business Interruption Claims During COVID-19 Pandemic
8/28/20
By: David Slocum
In the months since the COVID-19 pandemic began, thousands of claims and lawsuits have been initiated by businessowners seeking coverage for alleged property damage and business losses based on the impact to their businesses. From restaurant owners, …
Pennsylvania Opens Flood Gates to Unlimited Video Footage Discovery Requests
8/28/20
By: Erin Lamb
The Pennsylvania Supreme Court declined to review a Superior Court opinion issued in the case of Marshall v. Brown’s IA, LLC, that found that Plaintiff was entitled to a new trial in a case where the trial …
Bystander Claims in California: How Close is Close Enough?
8/24/20
By: Emily Williams
Witnessing the occurrence of a serious injury or death to a friend or a loved one is likely to cause emotional distress, even absent any physical injury to the bystander. However, in California, in order to have …
E-tailers Beware: California Court of Appeal Rules that Amazon Can be Sued for Products Sold by Third-Party Vendors on its Website
8/21/20
By: Anastasia Osbrink
A California Court of Appeal issued a ruling on August 13, 2020, holding that Amazon can be held strictly liable for products sold on its website by third-party sellers through its “Fulfilled by Amazon” (“FBA”) program. (…
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1]
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …
California Supreme Court Ruling Provides Guidance on Assessing Subpoenas to get Social Media Evidence
8/20/20
By: Barry Miller
Litigators fight a continuing battle in trying to get social media evidence. When an opponent does not cooperate, the only option may be to subpoena that information directly from the owner of the social media platform. On …
Agent of Shield: Corporate Protection or Prudent Reopen – Liability Protection under the HEALS Act
8/19/20
By: Davit Zargaryan
On July 27, 2020, the Senate released their proposal for “Phase 4” of emergency assistance to alleviate the impact of the COVID-19 pandemic. The Heath, Economic Assistance, Liability Protection and Schools (HEALS) Act is a combination of …
Expert Testimony on the Ultimate Issue under O.C.G.A § 24-7-704: Anything Goes?
8/18/20
By: Alexia Roney
After a recent article in the Georgia Bar Journal, there is renewed interest in using experts to testify on ultimate issues under the protection of O.C.G.A. § 24-7-704. See Brett A. Adams, An Overview of Ultimate Issue …
Supreme Court to Hear TCPA Case on Autodialer Definition
8/18/20
By: Matthew Foree
The Supreme Court of the United States recently announced that it will consider an important Telephone Consumer Protection Act (“TCPA”) case concerning the problematic statutory definition of “automatic telephone dialing system” (“ATDS”). Information about the case, Facebook, Inc. …
Georgia Enacts Immunity for COVID-19 Claims
8/17/20
By: Jake Daly
As described in my previous post, the Georgia General Assembly passed a bill in the waning minutes of the 2020 session to provide immunity from civil damages for healthcare facilities and providers, other businesses, and individuals …
An Uber Disruption: California Judge Grants Preliminary Injunction Requiring Uber and Lyft to Stop Classifying Drivers as Independent Contractors
8/14/20
By: Josue Aparicio[1]
On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California.…
Does What Happens in Mediation Stay in Mediation?
8/14/20
By: Barry Miller
Insurers: Time to review your mediation practices.
As COVID-19 travel restrictions force most mediations online, often with participants in more than one state, insurance carriers must re-examine their assumptions about the process. They need assurance that what …