Suing a Medical Journal for Lost Medical Malpractice Cases: 1st Circuit Says No
11/4/13
By: Michael Eshman
In what the court called an “imaginative but unpersuasive” theory of liability, the 1st Circuit U.S. Court of Appeals rejected a claim brought by unsuccessful medical malpractice plaintiffs against the authors, authors’ employer, and publisher of an …
Third Circuit Requires Warrant for GPS Tracking by Law Enforcement
11/4/13
By: Brian Dempsey
Last year, the Supreme Court addressed the increasingly common use of GPS tracking devices by law enforcement agencies. By covertly attaching a GPS device to a suspect’s vehicle, officers can continually monitor the suspect’s movements. In United …
DOJ Publishes New Affirmative Action Regulations for Federal Contractors and Subcontractors
11/1/13
By: Frank Hupfl
Federal contractors will soon face increased affirmative action requirements in the recruitment, hiring, promotion, and retention of covered veterans and disabled persons. On September 24, 2013, the U.S. Department of Labor (“DOL”) published two final rules expanding …
New Jersey Appellate Court Holds a Person has a Legal Duty to Avoid Sending Text Messages to Drivers Under Certain Circumstances
10/31/13
By: Abby A. Vineyard
The Superior Court of New Jersey, Appellate Division recently held that, under certain circumstances, a person has a legal duty to avoid sending text messages to the driver of a motor vehicle. Kubert v. Best, No. …
Contractor Forced to Protect Workers Who Voice Quality/Safety Concerns
10/24/13
By: Kamy Molavi
A construction contractor involved in the expansion of Georgia Power’s Plant Vogtle nuclear power plant in Waynesboro, Georgia, has agreed to take measure to correct conditions that the Nuclear Regulatory Commission characterized as “a chilled work environment …
Lying to Medicare about Diagnostic Results: Go Directly to Jail. Do Not Pass Go. Do Not Collect Reimbursement.
10/15/13
By: William Ezzell
Physicians practicing under Medicare may soon be reminded, “ignorance is bliss.” The evolution of medical technology has undoubtedly aided in the ability to diagnose conditions with greater certainty, and notably, increased detail. Yet, in an industry largely …
Fantasy Football Insurance
10/15/13
By: Seth Kirby
Among sports fans, it is common knowledge that insurance products exist which protect against the risks associated with player injuries. A professional sports team might purchase a disability policy to pay all or a portion of the …
New TCPA Regulations Effective October 16, 2013
10/11/13
By: Matt Foree
On October 16, 2013, new Federal Communications Commission (“FCC”) regulations regarding the Telephone Consumer Protection Act (“TCPA”) become effective. The TCPA prohibits, among other things, certain telemarketing calls made using an automatic telephone dialing system or an …
Drawing the Battle Lines: Federal Court Permits Department of Justice to Intervene in Texas Voting Case
9/27/13
By: Peter Munk
As discussed here, the Department of Justice has signaled an effort to use Section 3 of the Voting Rights Act to “bail-in” jurisdictions that previously required “preclearance” pursuant to the VRA’s now-defunct Section 4. This week, …
A Balancing Act-Compliance with the ADA And Use of Medical Examinations of Employees
9/18/13
By: Joyce Mocek
The Eleventh Circuit has held that an employer can lawfully require psychiatric/psychological fitness-for-duty evaluations if it has sufficient objective information to believe an employee is unstable and may pose a danger to others in the workplace. In …
The Reach of Georgia Apportionment Statute Continues to Expand
9/13/13
By: Stephanie Stewart
Georgia’s apportionment statute, O.C.G.A. § 51-12-33, has been making waves in the Georgia Court of Appeals and Georgia Supreme Court as new opinions are being issued interpreting the game-changing statute. Previous cases have already held that the …
E-Verify Ramps Up Enforcement
9/13/13
By: Kelly Eisenlohr-Moul
With E-Verify participation now mandatory for Georgia businesses with eleven or more employees, related federal enforcement activity has increased significantly.
Below are some of the enforcement trends that we have seen with regards to E-Verify usage:
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