1/3/24
By: Jessica L. Gillis and Kevin M. Norchi
On December 28, 2023, the Ohio Supreme Court resolved the split among the Ohio appellate district decisions holding that the statue of repose for medical claims means what it says – the …
Author: Sean Carroll
California expands employment discrimination claims to now include off work cannabis use
12/28/23
By: John K. Rubiner and Adam Manaa
On January 1, 2024, California Senate Bill 700 (“SB 700”) will go into effect. SB 700 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from taking any adverse action …
12/27/23
By: Amy Frantz, Michael Sanders, Patrick Eckler, and Jonathan Schwartz
On December 19, 2023, the Illinois Appellate Court, First District unanimously held the insurers in National Fire Insurance Co. v. Visual Pak Co. Inc. have no duty …
12/18/23
By: Gaia T. Linehan
Healthcare providers, health plans, and healthcare clearing houses are subject to the HIPAA Privacy and Security Rules. As such, they are required to notify patients and file data breach reports with the United States Department of …
12/12/23
By: Joshua W. Zhao and Donald Patrick Eckler
Do a dental clinic’s business practices fall under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1 et seq. even if the practice of dentistry does not? …
12/6/23
By: Kevin M. Ringel and Kevin G. Kenneally
On Monday, December 4, the Supreme Court conducted oral arguments in a case that could impact the bankruptcy framework frequently utilized by businesses facing mass tort litigation. The case, Harrington v. Purdue …
The role of AI in the legal industry: exploring the potential changes
11/30/23
By: Michael B. Gelfound and Samuel C. Jeon
Lawyers are witnessing the integration of artificial intelligence (AI) into their practices. As with many other professionals, lawyers are exploring the potential applications of this technology. Tools such as ChatGPT and advanced …
Officer that utilized deadly force in response to “furtive gesture” entitled to qualified immunity
11/30/23
By: Cara M. Wright
Video evidence has become more prevalent in §1983 cases as law enforcement agencies have increased the use of dash cameras and body-worn cameras. Frequently, video recordings are used by litigants to refute testimony of an opposing …
11/29/23
The Statute of Repose is a viable defense in cases dealing with construction defects in Pennsylvania. It limits the liability of builders for defects by barring suits filed 12 years from the date construction is completed. …
Massachusetts lawyer receives public reprimand for witness coaching at remote deposition
11/28/23
On November 6, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court (“BBO”) issued a Massachusetts lawyer (the “Lawyer”) a public reprimand for coaching a witness at a deposition in what …
Supreme Court of Florida rules bad faith settlements are not collateral sources
11/27/23
By: Catherine M. Carson-Freymann
In Alberta S. Ellison v. Randy Willoughby, No. SC2021-1580, Supreme Court of Florida (November 2, 2023), the Supreme Court of Florida delivered a ruling with significant implications for insurance companies. The court determined that bad …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …