The Power of Rule 11 to Punish Bad Faith Litigation Conduct
1/30/23
By: Jessica Kelly and Christina Morgan
Lawyers and their clients are bound by Federal Rule of Civil Procedure 11 and its state rule counterparts not to pursue frivolous claims. In Trump v. Clinton et al., Judge Donald M. Middlebrooks of …
FCC Proposes new reporting rules for the telecom sector in response to increased data breaches
1/26/23
On January 6, 2023, the Federal Communications Commission (“FCC”) proposed new rules for data breach reporting in the telecommunications industry.
The Notice of Proposed Rulemaking recognizes that “[i]n the telecommunications industry, the public has suffered an …
Kentucky Adopts New Rules of Appellate Procedure
1/25/23
Effective January 1, 2023, Kentucky has new, stand-alone appellate rules embodied in the Kentucky Rules of Appellate Procedure (“RAP”). The prior rules governing appeal, found in Rules 72 – 76 of the Kentucky Rules of Civil …
Class action alleges high levels of “forever chemicals” in Simply brand juice
1/24/23
By: Matt Foree and Josh Ferguson
A consumer has filed a class action alleging that juice marketed as healthy contains harmful chemicals. The case is styled Joseph Lurenz versus The Coca-Cola Company and The Simply Orange Juice Company. It was filed …
Ohio Supreme Court narrowly limits application of tort claim damage caps
1/23/23
By: Doug Holthus and Zachary Weigel
In a recent and narrow Decision (Brandt v. Pompa, Slip Opinion No. 2022-Ohio-4525; 4-3) the Ohio Supreme Court determined that Ohio Revised Code §2315.18 (Ohio’s Tort Reform Statute) is unconstitutional when applied to claims …
1/20/23
1/19/23
By: Jacob E. Daly
Every year since 2002, the American Tort Reform Foundation has issued its ranking of the country’s worst jurisdictions, which it colorfully names Judicial Hellholes®. According to ATRF, these are jurisdictions – whether an entire state’s civil …
Geotracking Regulatory Trend is Expanding to Employers
1/17/23
By: Justin Boron
You probably already know that your apps know where you were last night. But did you know that employers might too?
It is all but accepted that our geolocations are being tracked, which is part and parcel …
1/13/23
By: R. Victoria Fuller and Emily Kowalik
Two new federal laws aimed at increasing protections for pregnant and breastfeeding employees will go into effect in 2023: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing …
The FTC proposes rule banning non-compete agreements
1/12/23
By: Jennifer L. Markowski, R. Victoria Fuller, Christopher J. Redd
On January 5, 2023, the Federal Trade Commission proposed a new rule that would prohibit employers from imposing non-compete agreements on their workers, with very limited exceptions. The …
Five States Set to Expand Data Privacy Rights in 2023
1/4/23
By: Amy C. Bender
As the landscape of data privacy regulation is ever-changing, five U.S. state statutes (in California, Virginia, Colorado, Connecticut, and Utah), passed to enhance the privacy rights of consumers in their respective states, go into effect in …
Massachusetts Appeals Court Confirms Escape Route from Premature Notice of Appeal
12/28/22
By: Rick Nahigian
In Siddharth v. Chaturvedi, Slip Op. (November 21,2022), the Massachusetts Appeals Court held that a premature notice of appeal, i.e., one that is filed before the disposition of certain post-judgment motions, will bring the merits of an …