The Enforceable Unwritten Exclusions and their Business Risks
5/31/19
By: Rob Cutbirth
Claim experience on a local or national basis, or generalized soft or hard insurance market conditions, can affect an insurer’s decision on pricing and offered coverage terms. Premiums and underwriting guidelines may change to address market or …
Avoiding Legal Malpractice Tip: Do Stuff Early
5/31/19
By: Greg Fayard
Missing deadlines is a common source of lawyer malpractice. A blown statute of limitations can be most problematic, as the malpractice case focuses on the value of the underlying case (damages). A missed deadline usually is caused …
HOAs and COAs increasingly confront owner challenges to regulation of short-term rental
5/28/19
By: Justin Boron
By now, it’s clear that short-term rentals are neither a passing fad nor the high-minded pretense that underpinned their growth—laid-back homeowners who connect through an online platform with other like-minded individuals just looking for a place to …
Avoiding Legal Malpractice Tip: Document, Document, Document
5/24/19
By: Greg Fayard
“Boy, I wish that was in writing!”
Having defended scores of attorneys over the years, more often than not, I wish my lawyer-client had either better documented his or her file, or memorialized a key conversation. It …
A Dishonorable Discharge – Debt Collection, Contempt, and Efforts to Loosen the Bankruptcy Discharge
5/23/19
By: Matthew Weiss
On April 24, 2019, the United States Supreme Court held oral argument in Taggart v. Lorenzen (In re Taggart), 888 F.3d 438 (9th Cir. 2018), cert. granted, 139 S. Ct. 782 (2019), a case …
The Third Circuit Upholds District Court Ruling That Trucking Company Employees Not Entitled to 1 Million in UIM Benefits
5/22/19
By: Erin Lamb
In Farmland Mutual Insurance v. Sechrist, the Third Circuit upheld a district court’s decision rejecting the claims of employees involved in a serious accident while driving a vehicle for Clouse Trucking that they were entitled to …
Insured's Flood Claims Deluged By Texas Federal Court
5/22/19
By: William Gildea
The importance of clear and unambiguous language in insurance policies recently came to light in the United States District Court, Southern District of Texas. The Court recently granted Lexington Insurance Company (“Lexington”) summary judgment after an insured …
California Tax Board for the Win
5/21/19
By: Matthew Jones
The California Franchise Tax Board has been dealing with a lawsuit for approximately 28 years. However, the lawsuit has finally come to an end due to the United States Supreme Court’s recent ruling. The highest court in …
Did You Really Terminate That H-1B Employee?
5/21/19
By: Layli Eskandari Deal
U.S. Department of Labor Awards $43,366 Back Pay to Engineer.
In January, a Microfabrication Engineer, employed under the H-1B visa program by Minnesota-based TLC Precision Wafer Technology, Inc., was awarded $43,366.67 in back wages and interest …
Could There Be Any Insurance Coverage For The Notre-Dame Cathedral Fire?
5/20/19
By: Jessica C. Samford
A month ago, the world was shocked with the news and images of the Notre-Dame catching fire, resulting in the destruction of some of its awe-inspiring features. It had been reported that the cathedral in its …
ERISA Plaintiffs Continue Their Assault on Major Universities, but Every ERISA Fiduciary is Vulnerable
5/15/19
By: John H. Goselin II
Beginning in August 2016, the ERISA Plaintiffs’ Bar launched a concerted attack on more than 20 major universities across the country filing class action lawsuits for alleged violations of ERISA fiduciary duties under ERISA Section …
Are You Prepared To Grant Intermittent Family Medical Leave?
5/14/19
By: David Daniels
One of the biggest employer complaints about the Family and Medical Leave Act (FMLA) is the productivity problems caused by employees’ use—and abuse—of FMLA intermittent leave.
The problem: Employees with chronic health problems often take FMLA leave …