A Mandatory COVID-19 Vaccination Program in the Workplace: Will It Open An Employer To Liability?
1/29/21
By: Kevin G. Kenneally and Janet R. Barringer
With the development of vaccines that have been determined to be effective against COVID-19, both employers and employees are asking when it is appropriate or safe to return to the office. One …
Yes, Robinhood can, and should, halt the purchase of GameStop
1/29/21
By: Kirsten Patzer
In the wake of GameStop Corp. (GME) stock spiking as high as 800% over the last several weeks, broker dealers are stepping in to stop the madness. The lead up to Robinhood, Interactive Brokers, and other trading …
Mutual Mistake In Naming The Insured?
1/29/21
By: William Gildea
In a case pending in the United States District Court for the Southern District of Florida, a company not named in an insurance policy is nevertheless demanding coverage based on a claim of mutual mistake over the …
A Bridge Too Far – 3d. Circuit Holds PA Safety Regulations Inapplicable to Delaware River Joint Commission Construction
1/28/21
By: Sean Riley
In Del. River Joint Toll Bridge Comm’n v. Sec’y Pa. Dep’t of Labor & Indus., No. 20-1898, 2021 U.S. App. LEXIS 895, at *2 (3d Cir. Jan. 12, 2021) the Third Circuit Court of Appeals recently …
Collect Now, Pay Later: PA Federal Court Ruling Imposes Duty On Retailers Upon Collecting Payment Data
1/27/21
By: Justin Boron and Courtney Mazzio
The eye that retail businesses must thread to avoid data breach class actions just got a little narrower in Pennsylvania.
In a decision issued this month in In re Rutter’s Data Sec. Breach Litig.…
Are Non-Refundable Lawyer Retainers Legal in California?
1/26/21
By: Greg Fayard
Joe wants to hire Bill, a California lawyer, to defend a breach of contract case. Bill agrees to defend Joe but will only take a $10,000 non-refundable retainer. Is this legal? No.
Under Rule 1.5(d) of the …
Supreme Court Hears TCPA Case on Autodialer Definition
1/22/21
By: Matthew Foree
The Supreme Court of the United States recently heard an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”). Whether a person used an ATDS can be a basis for …
Obligation to Medicare when Plaintiff Is at Fault
1/22/21
By: Jennifer Adair
You have a slam dunk case. Perhaps you have already won your case at trial or on summary judgment. Once the celebrations subside, defendants and insurers in such situations began to evaluate the fastest and most cost-efficient …
Northern District of Georgia Finds Waiver of Coverage Defenses Not Specified in Denial Letter
1/13/21
By: Kristin Ingulsrud
In Hoover v. Maxum Indemnity Co., the Supreme Court of Georgia held that an insurer had waived a defense by failing to raise it in its initial letter denying the claim. The standard applied by the court …
No Control, No Duty Owed
1/13/21
By: Thomas Hay
In a Massachusetts trial court action, Timothy Lyons v. Phillip C. Farmer Development, Inc., Docket No. 1781-cv-01156, Freeman, Mathis & Gary, LLP prevailed on a motion for involuntary dismissal following the conclusion of the first civil …
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan
The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and …
New Jersey Courts Implement Plan For Virtual Civil Jury Trials During COVID-19 Pandemic
1/11/21
By: Daniel Baylson
The New Jersey court system has finally rolled out its plan for virtual civil jury trials during the ongoing COVID-19 pandemic. On January 7, 2021, the NJ Supreme Court authorized a two-phase approach to implementing virtual civil …