COVID-19 Related Tort Lawsuits On The Rise? Not So Fast, My Friend
9/29/20
By: Gregory Blueford
As summer turns to fall and football returns to fill our weekends, the unwelcome reality of COVID-19 still has a firm grasp on day-to-day life across the globe. Earlier this month, we outlined the HEALS Act’s Tort Immunity …
Tax Court Finds that a Rejected E-Filed Tax Return Satisfies the Beard Test
9/29/20
By: Lee Whatling
The IRS’ software automatically rejects e-filed tax returns that do not meet certain criteria. Paper tax returns are generally not subject to the same treatment. This disparity came to a head in Fowler v. Commissioner, 155 …
A Death Knell to Georgia’s Draconian Default Law?: Bowen v. Savoy May Be A Defense Lawyer’s Best Tool for Opening 45+ Day Default
9/28/20
By: Janeen Smith
The risk posed by failing to timely file an answer in Georgia keeps defense counsel up at night. While no defendant nor defense counsel intends to cause a case to be in default, things happen. The Georgia Supreme …
California’s New Normal: Electronic Service and Remote Depositions
9/25/20
By: Marshall Coyle
Prior to California Governor Gavin Newsom approving Senate Bill 1146 on September 18, 2020, California law provided that, for cases filed on or after January 1, 2019, if a document may be served by mail, express mail, …
To Shovel or Not to Shovel: New Jersey Appellate Court Revamps the “Ongoing Snowstorm” Rule for Commercial Landowners
9/24/20
By: Ashley Hobson
New Jersey Courts have long recognized an “ongoing snow-storm” rule. The rule relieves commercial landowners from liability when an injury occurs on their property while there is an active weather event such as snow or sleet. The …
EEOC Issues Opinion Letter on Scope of Pattern or Practice Claims that Modifies Earlier Position
9/23/20
By: Jennifer Markowski
On September 3, 2020, the Equal Opportunity Commission (“EEOC”) issued an Opinion Letter concerning the so-called “pattern or practice suits” brought under section 707 of Title VII. The questions answered in the letter are: (1) Does a …
COVID-EO JURY TRIALS – Challenges Imposed By Virtual Jury Trials During COVID-19 And Alternatives To Best Serve The Interests Of The Client
9/22/20
By: Stacey Bavafa
In March of 2020, the United States judicial court system experienced an unprecedented disruption when most courts decided to close their doors and suspend jury trials due to the COVID-19 pandemic. Now, approximately 6 months into the …
Georgia Revamps Lactation Break Law for Private Employers and Creates a New One for Public Employers
9/22/20
By: Tim Boughey
The Georgia state legislature recently weighed in on the issue of lactation breaks by passing “Charlotte’s Law.” Before August 5, 2020, Georgia employers largely followed the federal Fair Labor Standards Act’s lactation break requirements to provide an …
Let Us Eat Cake (and Work)! — A Federal District Judge Declares Pennsylvania’s Capacity Restrictions and Business Closures as Violations of the First and Fourteenth Amendments
9/21/20
By: Ashley Hobson
On Monday, September 14th a federal judge in the Western District of Pennsylvania struck down the Governor’s restrictions on the size limitation of persons at gatherings and the mandatory closure of “non-life sustaining” businesses. The restrictions, …
Federal Court Considers Jurisdiction Over Japanese Autonomous Auto Accident
9/18/20
By: Wes Jackson
On September 8, 2020, a federal court in California heard arguments as to whether it will exercise jurisdiction over a wrongful death lawsuit against Tesla. While the case presents an interesting forum non conveniens issue, it is …
The Sixth Circuit Takes A Narrow Construction Of The Computer Fraud And Abuse Act And Sides With Employees
9/18/20
By: Caitlin Tubbesing and Barry Miller
The Computer Fraud And Abuse Act (CFAA) is a federal law that provides it is a violation for an individual to “intentionally access a computer without authorization or exceed authorized access” to get protected …
Federal Court Rules No “Insured” Status for General Contractor and Subcontractor under Builders Risk Insurance Policy
9/17/20
By: Ben Dunlap
A recent ruling by the United States District Court for the District of Massachusetts underscores the importance of confirming the effectiveness of coverage for contractors and subcontractors on construction projects. In Factory Mut. Ins. Co. v. Skanska …