New Medical Devices and Performance Criteria
2/12/19
By: Koty Newman
The Food and Drug Administration (“FDA”) recently issued final guidance (the “Guidance”), providing a framework for its new Safety and Performance Based Pathway for its updated 510(k) process. Section 510(k) of the Food, Drug and Cosmetic Act …
As Commerce Moves Online, the Americans with Disabilities Act Follows
2/11/19
By: Natalie Pulley
Does the Americans with Disabilities Act, requiring accessibility in public accommodations, apply to a business’ online presence? The Eleventh Circuit has weighed in on the issue, finding in Dennis Haynes v. Dunkin’ Donuts LLC that the ADA …
Latest Update on the H-1B Visa Application Process
2/11/19
By: Layli Eskandari Deal
The U.S. Department of Homeland Security (DHS) has issued a final rule implementing changes to the H-1B visa program for petitions filed under the H-1B cap (better known as the H-1B visa lottery).
The rule reverses …
Can Governments be Liable for Mass Shootings under the Constitution?
2/11/19
By: Phil Savrin
The recent tragedies of mass shootings have spawned litigation over the civil liabilities of state governments for failing to protect members of the public from harm, particularly when there were advance warning signs that police departments overlooked …
Cancelling a Financed Policy: Reliance on a Power of Attorney
2/8/19
By: Eric Benedict
When a prospective insured is applying for and obtaining coverage, no matter the type of risk, the cost of the premiums is likely to be a foremost concern. To cover the cost of the premium, an insured …
District Court in California Certifies a Class of Five Million Against Walmart
2/8/19
By: Koty Newman
On January 17, 2019, a Federal District Court in California certified a class of five million Walmart applicants. The Class Representatives allege that Walmart failed to comply with the Fair Credit Reporting Act’s (“FCRA”) disclosure requirements by …
New Cybersecurity Trend: Data Security and Disposal Laws
2/7/19
By: David Cole & Amy Bender
Tales of data breaches flood our news reports these days. By now, you hopefully are aware that all 50 states have laws requiring persons and organizations that own or maintain computerized data that includes …
998s: The Stealth Policy Limit Demand
2/7/19
By: Tim Kenna & Kristin Ingulsrud
In personal injury practice, the claimant’s attorney will sometimes serve a statutory offer to compromise in tandem with service of the summons and complaint. This strategy has a two-fold impact on the case. The …
Can You Even Do That? What Happens When a Judge is Sued and the Defense of Absolute Judicial Immunity is Raised
2/6/19
By: Jake Loken
It is a rare sight to see a judge being sued, so what happens when one is? The process is generally the same as any other lawsuit, but one important doctrine can get in the way: absolute …
A Series of Particular Events: Foreseeability and the First Circuit
2/6/19
By: Thomas Hay
A three-judge panel on the First Circuit denied Omni Hotel’s petition for review of their decision to overturn a lower court ruling that awarded summary judgment to Omni and reinstated a negligence charge filed by a man …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin
On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme …