Lights, Camera, (Less Than an) Action!
6/22/23
By: Elissa B. Haynes and Carlos A. Fernández
Usually, the courts do not take issue when litigating parties stipulate to an agreement—especially when the parties are agreeing to dismiss claims. However, the courts will not turn a blind eye to …
FINRA Expels Broker-Dealer for Numerous Violations of Reg BI and FINRA Rules
6/15/23
By: Michael Ruocco and Tyler Jacobs
The Financial Industry Regulatory Authority (“FINRA”) recently expelled broker-dealer SW Financial and suspended the firm’s CEO. The Letter of Acceptance, Waiver, and Consent (“AWC”) related to the misconduct alleges that SW Financial exposed customers …
Barking Up the Wrong Tree: Unleashing Georgia’s Dog Bite Liability
6/6/23
By: Carlos A. Fernández and Wayne S. Melnick
We have dogs. While we do not expect them to retrieve gold or tacos—although we would not oppose either—we would never expect them to retrieve us a personal injury lawsuit. They say …
6/1/23
In Huzinec v. Six Flags Great Adventure, 2023 WL 1433633 (3d Cir. February 1, 2023), Plaintiff, Evan Huzinec, claimed he had suffered serious injuries while riding a roller coaster, El Toro, at Six Flags’ New Jersey …
5/30/23
By: Julia Bover
There is no denying that social media is top of mind for most of our nation’s youth. If they are not scrolling through the endless feeds, then they are thinking about the next time they will be. …
Class Action Against Class I Rail Operator, Norfolk Southern
5/30/23
By Joshua G. Ferguson and Nicholas J. Hubner
Arising from a freight train derailment of February 3, 2023, in East Palestine, Ohio, groups from three states including Ohio, Pennsylvania, and West Virginia recently filed a class action lawsuit against the …
5/24/23
By: Ben Dunlap
In John Moriarty & Associates, Inc. v. Zurich American Insurance Company, the Appeals Court held that an insurer’s failure to pay defense bills after agreeing to defend its insured may be a breach of the insurer’s …
5/17/23
By Victoria James and Maria Alexander
On April 19, 2023, in a case titled Amica Mutual Insurance Company v. Mary Floyd and Elite Auto Rentals, LLC, the Connecticut Superior Court held that a rental company is shielded from liability for …
5/16/23
By LaShay Byrd and Kyle Virgin
The COVID-19 Public Health Emergency (PHE) is set to officially end on May 11, 2023 and with it several extraordinary regulatory flexibilities will end as well. In the early days of COVID-19, the Department …
California Finally Mirrors the IRS By Allowing First-Time Penalty Abatement
5/15/23
By Caroline Wu & Elizabeth Lowery
For decades California has refused to enact a statute mirroring that of the IRS which expressly provides taxpayer with first-time abatement of penalties for failure to file tax returns or failure to timely pay …
A de novo Look at the FDA’s de novo Classification Process and Preemption
5/11/23
By Kevin M. Ringel and Kevin G. Kenneally
A recent federal court decision, Desch v. Merz North America, Inc. & Ulthera Inc., No. 22-cv-02688 (HG), 2023 WL 2734671 (E.D.N.Y Mar. 31, 2023), highlights an untested area of medical device …
Take Two Advil While I Check ChatGPT – Using A.I. in Medical Diagnoses and Treatment
5/10/23
Another day, another story about ChatGPT and its potential to shape a profession. According to a recent study by JAMA – The Journal of the American Medical Association – ChatGPT outperformed practicing physicians when answering …