10/14/15
By: Wayne Melnick
In a truly team effort, Freeman Mathis & Gary partners Wayne S. Melnick and Brian R. Dempsey, along with of counsel Chuck Reed and associate Ali Sabzevari, won summary judgment in a first-of-its-kind case in …
Author: Sean Carroll
10/12/15
By: Allison Shrallow
In 2013, a California district court denied Defendants’ Motion to Compel Arbitration in a case entitled Thomas Zaborowski, et al. v. MHN Government Services, Inc., et al. This case involved an arbitration agreement which: (1) required …
Georgia Utility Update – October 2015
10/7/15
$7.9 Million Pipeline Project Will Take Almost 300 Years to Break Even
It will take close to 300 years to recover the $7,890,000 that it will cost to build a 57,500 foot six inch high pressure steel pipeline based on …
10/6/15
By: Allison Shrallow
On September 25, 2015, the United States District Court for the Northern District of California granted in part and denied in part McDonald’s USA and McDonald’s Corporation’s Motion for Summary Judgment in the case Stephanie Ochoa, et …
New California Law: Requesting an Accommodation is a “Protected Activity”
10/5/15
By: Allison Shrallow
As the law now stands, it is exceedingly difficult for an employer in California to defeat a retaliation claim. To establish a prima facie case, an employee need only establish he engaged in protected activity and shortly …
10/5/15
By: Michael Hill
The Eleventh Circuit Court of Appeals has dramatically modified the test to determine whether an “intern” is an employee. In Schumann v. Collier Anesthesia, P.A., — F.3d —, No. 14-13169, 2015 WL 5297260 (11th Cir. Sept. …
Off-Duty Police Officer Immune from Excessive Force Claim
10/2/15
By: Brian Dempsey
In a recent opinion, the Georgia Court of Appeals granted official immunity to an off-duty police officer, Jose Vidal, who was providing security at an IHOP restaurant when he arrested a patron and allegedly used excessive force. …
NLRB Doubles Down on ‘Joint Employer’ Standard Expansion
10/2/15
By: Tim Holdsworth
On August 27, 2015, the National Labor Relations Board discarded thirty years of precedent and handed down a new and expanded definition of joint employer. See Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, …
Drones Regulation Deadline Missed by FAA
10/2/15
By: Wayne Melnick
In the recent past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. These included blogs on risk questions related to government drone usage how drones can be …
The Risk of Calculating Risks: Insurers Beware
10/1/15
By: Phil Savrin
Creative plaintiff lawyers are always looking for ways to increase recoveries against insurance companies beyond the scope of coverage for the loss or the liability limits. Aided by the courts, insurers must traverse such landmines as timely …
The Pros and Cons of Emerging Trucking Apps
9/30/15
By: Matt Grattan and Kevin Stone
Emerging smart phone apps promise to transform the trucking business by offering trucking companies and truck drivers opportunities to maximize capacity, minimize time spent at weigh stations and inspection sites, and improve navigational assistance. …
When Kickstarters Stall: Liability for Failed Project Funding
9/16/15
By: Wayne S. Melnick
By now, most people are familiar with the concept of crowd funding. Sites like Kickstarter, Indiegogo, and Gofundme exist to allow people to alternative sources of funding that prior to the internet were simply unavailable.
In …