No Proof of Damages Knocks-Out Negligent Misrepresentation Claim
9/13/16
By: John Goselin and Kristian Smith
There is no point in prosecuting a lawsuit if you can’t prove up any damages. If you don’t think strategically at the beginning, you may find yourself with a pyrrhic victory or just simply …
Beware of Ransomware: New Guidance on Ransomware and HIPAA
9/13/16
By: Amy Bender
As hackers have become more sophisticated and creative, so have the tools they use to compromise computer and data systems. One such tool is ransomware, which is a type of malware that, as its name implies, …
Do Mandatory Arbitration Agreements with Concerted Action Waivers Violate Employee Rights?
9/8/16
By: Pamela Everett
The United States Court of Appeals for the 11th Circuit is poised to address whether Samsung Electronics America, Inc. violated Section 8(a)(1) of the NLRA by requiring its employees to sign an arbitration agreement waiving their rights …
FDA’s Draft Guidance on When to Submit A 501(k) Bolsters Potential for Medical Device Manufacturers to Argue that State Tort Claims are Impliedly Preempted
9/8/16
By: Michael Bruyere and Amanda Hall
On August 8, 2016, the FDA issued draft guidance on “Deciding When to Submit a 510(k) for a Change to an Existing Device.” Current regulations provide that a manufacturer of a medical device must …
Is the Gretchen Carlson Settlement a “Rising Tide?”
9/7/16
By: Mark C. Stephenson
Fox news announced that it will pay a shocking $20 million to former TV personality Gretchen Carlson to resolve what is the most prominent of a swarm of embarrassing sexual harassment claims made against founder and …
California Supreme Court Provides Cautionary Message to Employers Regarding Arbitration Agreements – Act Now to Narrowly Tailor Your Class Waiver Language!
9/2/16
By: Dennis Strazulo and Kacie Manisco
It is now well-established that class-action waivers contained in employment arbitration agreements are valid and enforceable in California. But who decides whether class-action claims can be arbitrated when an agreement is silent on the …
Accommodating the Non-Disabled Under California Disability Law
9/2/16
By: Lisa Gorman
In Castro-Ramirez v. Dependable Highway Express, Inc., Plaintiff’s son needed a kidney transplant and required daily home dialysis treatments. Plaintiff was the only person in his household who knew how to operate the dialysis machine. Plaintiff’s son …
Driver Risk Management Systems (DRMs) May Be Double-Edged Sword in Trucking Accident Litigation
9/2/16
By: Barry Brownstein
What if you could watch a trucking accident that is the subject of complex litigation that could result in millions of dollars in damages? What if you could watch the driver’s conduct minutes or seconds before the …
How Fast is Too Fast? Federal Agencies Propose Speed Limiter Rule for Heavy Vehicles
9/1/16
By: Wesley C. Jackson
Federal regulators have proposed that heavy commercial vehicles be equipped with speed-limiting devices to cap the vehicles’ speed. The National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) proposed the new …
U.S. Supreme Court to Decide Whether to Review Eighth Circuit Decision Holding that Obesity is Not a Disability Under the ADA
9/1/16
By: Barry Brownstein
This past week the Supreme Court of the United States was asked to review the April 5, 2016 decision of the Eighth Circuit that held obesity is not a disability under the Americans with Disabilities Act (“ADA”). …