Objectively False: Eleventh Circuit Highlights Importance of Body Cameras
12/5/22
By: Steven L. Grunberg With its decision in Baxter v. Roberts on November 30, 2022, the Eleventh Circuit provided another reminder of just how important body cameras have become for citizens and law enforcement officers alike by affirming summary judgment for a sheriff’s deputy in a §1983 civil rights action stemming from a traffic stop.…
Policyholders obtain rare wins in COVID-19 coverage cases against insurers
11/29/22
By: Edward Solensky Jr. In what is believed to be the first jury trial in the nation on the issue of whether a commercial property insurance policy covers business interruption losses due to COVID-19, Baylor College of Medicine won a Texas state court jury verdict that one of its insurers, units of Lloyd’s of London,…
Feds Consider Carving Out Exceptions to the Buy America Act
11/23/22
By: Kenneth Coronel The Biden administration is considering carving out two exemptions for federally funded transportation contracts which are subject to the 2021 Build America, Buy America Act, or BABAA. On November 4, 2022, the Department of Transportation proposed two waivers. The waivers would apply to HUD funded projects of de minimus value and to…
Modular Construction Components: Claim and Defense Considerations
11/22/22
By: Doug P. Holthus and Eric M. Coglianese With increasing frequency, commercial and residential construction projects incorporate modularized or “pre-fab” construction products. Prefabricated modules (smaller components designed to be incorporated into a larger structure, e.g., wall sections, roof sections, floor slab sections) are typically manufactured at some off-site facility and later delivered to the Project…
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many California employers have taken advantage of time rounding policies for various reasons. Recently, however, the…
Third Circuit finds no nexus between retailer’s mode of operation and water on store floor
11/21/22
By: Edward Solensky Jr. In Saunders v. Wal-Mart Stores Inc., No. 21-1941, 2022 WL 832050 (3d Cir. Mar. 21, 2022), the Third Circuit rejected a Plaintiff’s argument that the District Court erred in ruling that the mode of operation doctrine did not apply to the facts of her case. Specifically, Plaintiff attributed a puddle on…
FTX’s collapse and the push for centralized regulation of digital assets in the U.S.
11/18/22
By: Luke Zavoli In 2019, Sam Bankman-Fried launched FTX, a cryptocurrency exchange backed by marquee investors, and in three years, grew FTX into the third largest cryptocurrency exchange – valued at $32 billion. This past Friday, November 11, 2022, FTX filed for bankruptcy, sending the cryptocurrency industry into chaos. So, what happened? How did a…
Are we about to see the rise of the right to earn a living?
11/15/22
By: Michael M. Hill Appellate decisions sometimes lead to sweeping changes in public policy, particularly at the Supreme Court. One such potential policy change to watch for is whether the right to earn a living will be enshrined as a “fundamental” right. The Supreme Court recognizes certain rights as “fundamental,” meaning they are “deeply rooted…
For the first time in more than two decades, Pennsylvania enacts new facility regulations for long-term nursing care.
11/7/22
By: Patrick Cosgrove and Heather McFeeley Pennsylvania took steps to address its increasing aging population as it enacted new major nursing home regulations for the first time since 1997. At present, approximately 72,000 Pennsylvanians reside in the 682 long-term care nursing facilities throughout the Commonwealth. Recognizing these facts, along with the increased focus on nursing…