Stay in Your Lane – Kentucky Supreme Court Cautions Experts Not to Stray Too Far Afield
6/28/23
By: LaShay Byrd and Curt Graham
In a recent Kentucky Supreme Court Case, Renot v. Secura Supreme Insurance Co., the Court reversed a judgment in favor of Defendant Secura, finding the trial court erroneously permitted Secura’s expert to testify …
When is a Law Enforcement Vehicle in Use for Purposes of Waiving Sovereign Immunity Under Georgia Law?
6/26/23
By: Jacob E. Daly
Georgia law waives the sovereign immunity of local government entities for claims based on bodily injuries or death that are caused by the negligent use of a covered motor vehicle by a local government officer …
Business Associate Agreements: What You Need to Know
6/23/23
By: Michael Griffin and Alexandra Held
Business associate agreements are essential to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal law establishing national standards to protect the privacy and security of protected health information (PHI). …
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 …
In Huzinec v. Six Flags Great Adventure, the Third Circuit weighs in on roller coasters, mobile devices, and the Federal Rules of Evidence
6/1/23
By: Edward Solensky Jr.
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 …
NO KIDS ALLOWED (Sometimes): The Future of American Youth’s Social Media Use in Light of the Protecting Kids on Social Media Act (“PKSMA”)
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 …
Massachusetts Appeals Court Holds Insurer Delaying Payment of Defense Bills May Breach Duty to Defend
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 …
Connecticut Decision Highlights That Rental Car Companies Cannot be Vicariously Liable for Renters’ Negligence
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 …
The End is Near: The Official End of the Pandemic Means Return to Normal for Regulatory Enforcement of Stark Law and Anti-Kickback Statute
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 …