11th Circuit Rules Cruise Lines Can Be Sued for Medical Malpractice
12/3/14
By: Laura Broome
The 11th Circuit recently ruled that cruise ships may be sued for medical malpractice, negating any reliance by cruise ship companies upon the defense of immunity in cases of medical malpractice. In Patricia Franza v. Royal …
NLRB Continues to Defy Courts on Issue of Class Action Waiver
11/21/14
On October 28, 2014, the National Labor Relations Board (NLRB) stubbornly reiterated its stance that pre-employment arbitration agreements with class and collective action waivers are unlawful.
In Murphy Oil USA, Inc.,[1] the Board …
After-School Drumming is Not a Nuisance (at least in New Jersey)
11/17/14
By: Wayne S. Melnick
As both an attorney and a drummer, this one caught my attention. Following a bench trial in Traetto v. Palazzo, a New Jersey judge recently ruled that a teenage drummer’s occasional afternoon practice …
Court Hears Oral Argument in Closely-Watched Yelp Defamation Case
11/14/14
By Matt N. Foree
Business owners and free speech advocates are anxiously awaiting a Virginia Supreme Court ruling in the Yelp, Inc., v. Hadeed Carpet Cleaning defamation case. In this matter, the owner of a carpet cleaning company …
Playing Offense in Defense of Disability Discrimination
11/10/14
By: Lisa Gorman
One of the biggest challenges facing California employers today is the underperforming employee with a disability. Under the Fair Employment and Housing Act (“FEHA”), a “disability” is any physical or mental impairment that limits a major …
Recent Litigation Reminds Employers to Review Background Check Forms
11/7/14
By: Amy Combs Bender
As most employers are aware by now, many federal government agencies are scrutinizing background check practices on job applicants and employees. As FMG reported in its July 2014 issue of LawLine, the EEOC and the Federal …
Stacking Up the States on Medical Malpractice Payments
11/3/14
By: Michael Eshman
The National Practitioner Data Bank published a state-by-state chart of medical malpractice adverse actions and payments over a 10 year period from 2003-2013. In Georgia, for instance, there were 3,392 medical malpractice payments out of approximately …
Is it Legal to Involuntarily Quarantine People Exposed to Ebola?
10/30/14
By: Kevin R. Stone
Recently, a nurse who was exposed to Ebola in West Africa was involuntarily quarantined in a New Jersey hospital. She was then released back to her home in Maine. Although she tested negative for Ebola …
Internet Defamation: Parents Can Be Held Liable for Children’s Facebook Posts
10/16/14
By: Wayne S. Melnick
One of the newest and most quickly developing areas of tort liability is regarding torts committed over the internet. The most common “traditional” tort that occurs (or is alleged to have occurred) when it comes to …
FINRA Continues Push for Massive, All-Encompassing Securities Transaction Database
10/10/14
On September 30, 2014, FINRA issued NTM 14-37 which updated FINRA’s December 2013 proposal (see NTM 13-42 )to develop the Comprehensive Automated Risk Data System (CARDS). FINRA proposes to compile a database that tracks …
Insurance Drones: Using Modern Technology to Capture Tough-to-Obtain Data
10/9/14
By: Wayne S. Melnick
Last year, I blogged on the possible legal and insurance ramifications of law enforcement drone usage. The topic of drone-usage in the insurance world again came to the forefront of news when last week USAA asked …
California Law Will Provide Paid Sick Leave to Employees
10/6/14
Last month, California joined Connecticut and a growing number of municipalities that require employers to provide paid sick leave for employees. The law, known as the Healthy Workplaces, Health Families Act of 2014 (the “Act”), …
