To Arbitrate or Not to Arbitrate: That Is The Question
3/1/23
By: Jessica Farrelly and Jessica Cauley
How broadly can an employer apply an arbitration agreement? In Espinoza v. Peoplease, LLC, the United States District Court for the Southern District of Florida recently evaluated the right to compel arbitration …
Supreme Court of Texas upholds order erroneously drafted by legal counsel as final judgment
2/28/23
By: Robert Chadwick
In Texas state courts, legal counsel are generally asked to draft proposed orders and judgments for execution by district and county court judges. A February 10, 2023 per curiam opinion by the Supreme Court of Texas in …
Overview of Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C.
2/27/23
Chicago partner, Donald Patrick Eckler, was published in the Winter Edition of Association of Defense Trial Attorneys commenting on the recent decision of the Illinois Supreme Court in Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C., 2022 IL …
Illinois Supreme Court Find BIPA Claims Accrue Upon Each Scan and/or Disclosure
2/23/23
By Pat Eckler, Amy Frantz, Glenn Klinger, Michael Sanders, and Jonathan Schwartz
The long-awaited decision from the Illinois Supreme Court on how claims accrue under Subsections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act, …
2/16/23
By Thomas K. McCraw, Jr., Esq. and Alexandra F. Held, Esq.
Both federal and state law impose an affirmative duty on defendants to preserve relevant evidence to a legal action involving their organizations—but when exactly does this duty begin? …
Massachusetts Appeals Court Rejects Double Taxation Argument
2/16/23
By: Ben N. Dunlap
In Murrow v. Bd. of Assessors of Bos., the petitioner Murrow, a Boston taxpayer, asserted the City of Boston (the “City”) cannot tax both the common area of a condominium, owned by the unit owners, …
Florida Supreme Court Finds Appraisers Cannot Have Pecuniary Interest in Outcome of Appraisal
2/15/23
By Jessica Cauley and Jonathan Schwartz
The Florida Supreme Court weighed in and resolved a conflict between district courts regarding appraised property claims and held that an insured’s public adjuster, who accepts an assignment on a contingent fee basis, is …
2/9/23
By: Jessica Gray Kelly & Ryan Giggi
On February 2, 2023, Massachusetts’s Supreme Judicial Court (“SJC”) upheld a real estate broker’s right to recover lost commissions after her clients breached an oral exclusivity contract and purchased a home on their …
CHATGPT AND COVERAGE B: What Copyright Liability Exposures Could AI Users Face?
2/9/23
By Alexia R. Roney and Matthew F. Boyer
Previously, we introduced you to ChatGPT and the concept of an AI Chatbot application here. This week, we discuss the legal exposure that comes hand-in-hand with the internet – copyright infringement, …
California’s Attorney General Is Investigating Mobile Apps’ Compliance with the CCPA
2/8/23
By: Robert Buckley
California Attorney General Rob Bonta’s recent press release puts companies that are subject to the California Consumer Privacy Act (the “CCPA”) on notice that they should determine whether their mobile apps comply with the CCPA’s requirements. On …
Illinois Supreme Court Shifts BIPA Landscape with 5-Year Limitations Period Applicable to All Claims
2/7/23
By Pat Eckler, Amy Frantz, Glenn Klinger, Michael Sanders, and Jonathan Schwartz
Finding all claims under Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 (“BIPA”), subject to a five-year statute of limitations, the Illinois Supreme Court’s …
New York’s 175-Year-Old Wrongful Death Statute Lives on
2/2/23
By Lisa R. House and Josh Ferguson
New York Governor Kathy Hochul vetoed the Grieving Families Act this week. The bill expanded who could recover for the wrongful death of a family member, the type of damages that could be …