Consumer Practices of Real Estate Company Leads to AG Suits in Multiple States
12/21/22
By Courtney Mazzio
MV Realty, a Florida based company, is in the hot seat for its business practices. In exchange for payment of hundreds of dollars, a client of MV Realty signs a contract agreeing to use the company as …
The National Labor Relations Board Expands Available Remedies for Labor Violations
12/19/22
By Robert Chadwick and Caroline Wu
On December 13, 2022, the National Labor Relations Board (“NLRB”) in Thryv, Inc. significantly expanded the remedies available to employees who allegedly suffer economic losses due to an employer’s alleged unfair labor practice. Traditionally, …
Maine’s Statutory Limits on Government Immunity from Negligence Claims
12/19/22
By Victoria James
The Maine Tort Claims Act provides immunity in negligence actions for all government entities 14 Me. Rev. Stat. § 8103. There are four broad exceptions to immunity where the government can be held liable for property …
Storms and hurricanes: what can insurers do to improve outcomes for all on storm-related claims?
10/14/22
By: Jessica Cauley, Jessica Samford, Jonathan Schwartz, and Julia Bover
What Else is in Store for Hurricane Season 2022?
As many Floridians begin to return to their homes—or to find that their homes no longer stand—reminders come …
When it comes to Exclusions in Insurance Policies, Grammar will Make it Tense
10/12/22
By: Jessica Cauley and Marc Shrake
In September 2022, the United States Court of Appeals for the Eleventh Circuit affirmed a seemingly unassuming district court decision finding coverage for a claim following a violent act at a hospital in Miami-Dade …
California Court of Appeals Holds No Employer Liability for Hollywood Producer Whose Assistant Drowned at Social Event
10/11/22
By: Parisa Saleki
In Musgrove v. Silver, the California Court of Appeals held that famed Hollywood producer Joe Silver was not liable for the drowning death of his assistant, Carmel Musgrove.
In 2015, Silver attended actress Jennifer Aniston’s wedding …
The collision of The Onion and criminal prosecution creates perfect parody before the Supreme Court
10/10/22
By: Alexia Roney
The Onion is the world’s leading news publication, offering highly acclaimed, universally revered coverage of breaking national, international, and local news events. Rising from its humble beginnings as a print newspaper in 1756, The Onion now enjoys …
3rd Circuit finds data leaked on dark web “shaming” site inferred a “substantial risk” of imminent harm
9/13/22
By: Nicholas Jajko
The litigation battleground in class actions arising out of data breaches is almost always fought on Article III standing. Before any discovery is exchanged or fact depositions take place, claimants must allege they have standing to sue …
Cyber insurance experiencing ‘Future Shock’
8/4/22
By: Barry M. Miller and Elisabeth Gentile
The idea of “Future Shock”—that an accelerated pace of change causes social and psychological disruptions—dates from Alvin Toffler’s 1970 book of the same name. As it copes with the mutable nature of cyber …
You Can’t Find Me Anymore: New Jersey Cracks Down on Employer Tracking
5/16/22
By: Stephanie L. Greenfield, Esq.
Employers take notice, effective on April 19, 2022, a new law prohibits New Jersey employers from tracking vehicles driven by employees without first providing written notice. The law is designed to further protect employee privacy …
New York Comprehensive Insurance Disclosure Act Updates 2022
5/5/22
By: Nicholas J. Hubner
New York enacted the Comprehensive Insurance Disclosure Act on December 31, 2021 (the “Act”). When originally signed, Governor Hochul requested that the Senate consider certain amendments to reduce or clarify the burden on litigants. The Act …
No more tears: Supreme Court rules damages for emotional distress are not recoverable under Title VI, Title IX, the Rehabilitation Act, or the Affordable Care Act
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …