6/27/17
On June 26, 2017, the Supreme Court agreed to hear the Travel Ban cases when it reconvenes next fall. The Court has allowed the government to implement parts of President Trump’s second executive order which bans …
6/27/17
On June 26, 2017, the Supreme Court agreed to hear the Travel Ban cases when it reconvenes next fall. The Court has allowed the government to implement parts of President Trump’s second executive order which bans …
On Second Thought, DOJ Now Supports Class Action Waivers
6/23/17
As we predicted might happen in an earlier blog, the Supreme Court granted certiorari to resolve a split among circuits about whether arbitration agreements containing class and collective action waivers violate the National Labor Relations …
Florida Legislature Rewrites Laws for Condo Community Associations
6/22/17
Florida House Bill 1237, a bill which proposed significant changes to several laws governing condominium community associations, passed both houses of the Florida Legislature in the 2017 legislative session and is expected to go into effect …
The Supreme Court Buys Into Argument that Plaintiffs Should Not Be Permitted to Forum Shop
6/22/17
By: Kristian Smith & Robyn Flegal
The U.S. Supreme Court decided one of the most important mass tort/product liability decisions ever Monday, effectively ending forum shopping or “litigation tourism.” In its 8-1 ruling, the Supreme Court in Bristol-Myers Squibb Co. …
6/22/17
By: Zachariah E. Moura
California FAIR Plan Association v. Garnes (May 26, 2017) __ Cal.App.5th __ [218 Cal.Rptr.3d 246]
Hewing to the rule that “where an insurer’s policy contains terms that conflict with the law, the courts will decline to …
6/20/17
By: Jeremy W. Rogers
Oftentimes in the law, a seemingly straightforward term or name for something turns out to be not so straightforward. Common meanings need to be defined or else creative attorneys may avoid mandates set forth by statute, …
Labor and Employment Law Update
6/14/17
Recent weeks continue to see a spate of significant decisions and regulatory developments. Below are some of the more notable developments.
Significant Court Decisions Affecting Employers
1. Supreme Court Holds That Pension Plans Established By …
Department of Labor Moves to Overturn or Modify Several Obama-Era Rules and Guidance Statements
6/14/17
The Department of Labor has taken steps to reverse or modify several controversial rules and guidance statements issued by the Obama administration. These developments are favorable to employers.
1. Labor Secretary Signals That DOL Will …
Florida Supreme Court Strikes Down Damage Caps in Med Mal Cases
6/9/17
Almost a year to the day after hearing oral argument on the case of North Broward Hospital District v. Kalitan, the Florida Supreme Court finally issued its decision striking caps on noneconomic damages in medical …
6/9/17
By: Robyn Flegal
In July of 2007, Joshua Martin suffered a brutal gang attack outside of Six Flags Over Georgia and was left with severe brain damage. On June 5, 2017, the Supreme Court of Georgia granted certiorari to decide …
The “City in a Forest” Only Saw the Trees: Prompt Pay Act Waiver Requires Specificity
6/8/17
The City of Atlanta v. Hogan Construction Group, LLC, A17A0520, June 7, 2017
By: Jake Carroll
A recent opinion from the Georgia Court of Appeals provides construction professionals with an excellent example of the benefits and consequences of contract drafting …
Supreme Court Disapproves “Provocation Rule”
6/5/17
By: E. Charles Reed, Jr. & Edwin A. Treese
The Supreme Court held in Graham v. Connor that an officer making an arrest may only be held liable for the use of force which is objectively unreasonable in light of …