Change In 34-Hour Restart Rules Appears Likely
5/24/16
By: Marc Bardack
Last week, the Senate passed a transportation funding bill providing for a change in hours of service rules for truck drivers. The change proposed in the bill depends on the outcome of a currently pending safety fitness …
Sprouts Farmers Market Faces Class Action Lawsuit After Falling Prey to Phishing Scam
5/24/16
By: Kacie Manisco
Sprouts Farmers Market, Inc. is one of the latest companies to fall prey to the recent series of phishing scams targeting employee W-2 data. As a result, the company has found itself defending against a class action …
The Expanding Duty to Defend
5/24/16
By: Phil Savrin
An insurance company’s duty to defend is broader than a duty to indemnify in at least three ways. First, a duty to defend is often based on the allegations of facts, even if the allegations are groundless, …
SCOTUS Clarifies Standing Requirements in Long-Awaited Spokeo Opinion
5/18/16
By: Matthew Foree
On Monday, the Supreme Court of the United States issued its anticipated opinion in the Spokeo, Inc. v. Robins case. Robins alleged that Spokeo, which operates a “people search engine,” violated the Fair Credit Reporting Act by …
Use of Adopted State-Wide Codes may Provide a NEW HOPE for Plaintiffs in Piercing State Law Official Immunity Protections
5/13/16
By: Charles Reed, Jr.
Grand Moff Tarkin: I think it is time we demonstrated the full power of this station[1].
The doctrine of official immunity, codified in the Georgia Constitution, bars state law claims against a public employee …
President Obama Signs Bipartisan Bill Creating Federal System Of Trade Secrets Law
5/12/16
By: Mike Wolak and Amanda Cash
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. The DTSA is intended to create a more predictable, nationwide body of trade secrets law through a single federal …
Department of Justice – North Carolina Duel Over Transgender Individuals’ Civil Rights.
5/11/16
By: Agne Krutules
On May 9, 2016, the Department of Justice (DOJ) filed a complaint against the State of North Carolina, the University of North Carolina (UNC) and the North Carolina Department of Public Safety (DPS) in the U.S. …
Georgia Adopts Protection for Design Professionals from Hold Harmless Clauses
5/11/16
By: Bart Gary
Georgia recently adopted legislation that declares an indemnity or hold harmless agreement in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services against public policy and void and unenforceable. The …
TCPA Cases Stayed Pending SCOTUS Spokeo Ruling
5/10/16
By: Matt Foree
Telephone Consumer Protection Act (“TCPA”) litigants are anxiously awaiting a decision from the Supreme Court of the United States in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014) cert. granted, 135 S.Ct. …
Show Me the Money! The Supreme Court Leaves Open the Possibility of Mooting Class Claim by Depositing Money to Satisfy Representative Plaintiff
5/4/16
By: Ze’eva Kushner Banks
In the recent Supreme Court case Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016), the Navy contracted with the advertising company Campbell-Ewald (“Campbell”) to develop a multimedia recruiting campaign. The campaign included sending text …
Firing a School Cannon Provides Potential Liability
5/4/16
By: Wayne Melnick
Georgia law is traditionally favorable to educators when state law claims are brought against them in their individual capacities. If the educator can show their actions were taken as part of a discretionary and not ministerial duty, …