Hearsay Exception for Recorded Recollections: Pitfalls to Avoid
7/15/16
By: Ryan Babcock
Rule 803(5) of the Federal Rules of Evidence operates as an exception to the hearsay rule, provided the requirements governing the rule as to the “recorded recollection” are satisfied. The rule is as follows
Recorded Recollection. A …
Supreme Court Slams the Door on Homecare Employers
7/15/16
By: Agne Krutules
Much to the dismay of employers who employ home healthcare workers, on June 27, 2016, the Supreme Court declined to hear Home Care Association of America v. Weil, a case challenging the Department of Labor (DOL) …
EEOC Continues to Push For Protection on the Basis of Sexual Orientation
7/14/16
By: Amanda Hall
We’ve written on the EEOC’s push to include sexual orientation discrimination within the ambit of Title VII before (July 24, 2015). Last summer, the EEOC determined that sexual orientation is a concept that “cannot be …
Mixed Ruling for Penn State Insurer as New Allegations Surface in Jerry Sandusky Coverage Case
7/13/16
By: Bill Buechner
Approximately 4 years ago, former Penn State defensive coordinator Jerry Sandusky was convicted on 45 counts of child sexual abuse arising out of the molestation of 10 boys over a period of 15 years. Sandusky was sentenced …
The Ferguson Effect: The Future of Law Enforcement and Crime Rates in America?
7/12/16
By: Sara Brochstein
As tensions increase throughout the United States, the debate over the “Ferguson effect” theory remains highly visible in the foreground. The theory suggests that increased attention and scrutiny of the police in light of the highly publicized …
Georgia Utility Update – July 2016
7/12/16
Southern Company/AGL Resources Merger Complete as of July 1
The Southern Company acquisition of AGL Resources was completed as of July 1 making Southern Company the second largest utility in the country with a customer base of approximately 9 …
Remember Your Safety P’s and Q’s – OSHA Issues New Reporting and Anti-Retaliation Regulations
7/11/16
By: Agne Krutules
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rules on discrimination and injury and illness reporting. 81 Fed. Reg. 29624. The new anti-discrimination and anti-retaliation rules go into …
What’s Uga Worth? The Georgia Supreme Court Provides the Calculus
6/30/16
By: Wes Jackson
Earlier this month, the Georgia Supreme Court clarified the appropriate measure of damages for family pets and other animals that are killed or injured due to a defendant’s negligence. Under the Court’s ruling in Barking Hound Village, …
“Occurrence” v. “Offense:" Understanding the Trigger of Coverage Under the Standard CGL Policy
6/28/16
By: Mandy Proctor
It is commonly understood in the insurance industry that the standard CGL policy provides coverage for bodily injury and property damage, which is caused by an “occurrence” resulting in loss during the policy period, as well as …
There is Too Much Foam in My Latte
6/23/16
By: Seth Kirby
This week a federal judge in California has ruled that a class-action lawsuit against Starbucks can proceed. The lawsuit alleges that the company has systematical cheated its customers by under filling its latte based beverages. The plaintiffs …
The Ninth Circuit Gets a Mulligan
6/22/16
By: Brad Adler and Michael Hill
In February, we wrote about the U.S. Department of Labor’s unexpected decision to change the decades-long understanding of the salesman exemption to the Fair Labor Standards Act (FLSA) and the ruling of the Ninth …
New EEOC Guidance on Employer-Provided Leave Under the Americans with Disabilities Act
6/21/16
By: Michael Hill
The EEOC recently issued new guidance on employer-provided leave under the Americans with Disabilities Act (ADA), which contains useful information on the EEOC’s focus relating to providing reasonable accommodations for employees with disabilities. Employers should review their …