New Jersey Supreme Court Throws Support behind Ongoing Storm Rule (with Limited Exceptions)
7/9/21
By: Josh Ferguson and Michelle Yee
The New Jersey Supreme Court has re-affirmed Defendants’ ability to use the Ongoing Storm Rule to support the defense of a snow/ice slip and fall claim.
In Pareja v. Princeton International Properties, 463 N.J. …
7/9/21
By: Ryan Mayo
Recent ransomware cyberattacks on critical infrastructure, including the devastating attack on Colonial Pipeline, have forced the federal government to immediately consider new regulations and legislation to protect American interests. As regulators and Congress move quickly, industries and …
Here’s a tip: don’t expect the regulation governing servers’ tips to get clear anytime soon
7/6/21
By: Justin Boron
As we have previously noted, the regulatory seesaw on the tip credit a business may take on employees’ tips has continued under the Biden Administration. After reversing the previous administration’s banishment of the so-called 80/20 rule…
During Hurricane Season, Rains Come Down and Claims Handling Ramps Up
7/6/21
By: Justin Boron
With the dog days of summer here and Hurricane Elsa bearing down on parts of the Gulf Coast, it’s worth a reminder that hurricanes precipitate—in addition to other weather phenomena—insurance claims.
The claims handling insurance laws as …
Can an Ancient Tool From the Age of Sail Sink Cyber Criminals?
6/30/21
By: Barry Miller
As early as the 13th-century, governments licensed private sailors—“Privateers”— to seize vessels belonging to enemy nations, issuing letters of marque and reprisal to ship owners and captains.
Some American commentators have …
6/24/21
By: Tia Combs and Racheal Slimmon
On Wednesday, the U.S. Supreme Court reversed a controversial holding by the Third Circuit that schools cannot regulate students’ speech outside of the school’s walls. In doing so, the Court reaffirmed that while a …
6/22/21
By: Mandy Hexom
On April 16, 2021, Governor Newson signed into law a right to notice and recall of certain employees in the hospitality, event center, airport, private club, and commercial property service industries who were laid off due to …
Certiorari in the Georgia Supreme Court by the Numbers
6/22/21
By: Jacob Daly
The Georgia Court of Appeals has just ruled against your client, and so you’re considering whether you should file a petition for a writ of certiorari in the Georgia Supreme Court. Your client wants to know the likelihood …
Supreme Court of Kentucky Defines Scope of Amended Peer Review Statute for Many Healthcare Entities
6/22/21
By: Kyle Virgin
The discoverability of peer review information in healthcare litigation is a hot-button issue across the country and Kentucky is no different. In 2018, the Kentucky General Assembly amended KRS 311.377 to state that peer review information “shall …
6/21/21
By: Nancy Reimer, Victoria Fuller and Lori Eller
In Tedeschi-Freij vs. Percy Law Group, P.C., et al., the Massachusetts Appeals Court held a plaintiff need not show evidence of quantifiable damages to survive a motion for summary judgment …
Another Hit to Short-Term Rentals: Styller v. Zoning Board of Appeals of Lynnfield
6/11/21
By: Jessica Gray Kelly, Esq. & Matthew L. Schwartz, Esq.
Local governments seeking to curb short-term rentals by private homeowners received a win this week in the case of Styller v. Zoning Board of Appeals of Lynnfield, SJC-12901. The Massachusetts Supreme …
Georgia Legislature Resolves Glaring Issue with Mechanic’s Lien Law
6/11/21
By: Shaun Foley
In Georgia, anyone who furnishes labor, materials, or professional services for the improvement of private property has the right to file a mechanic’s lien. Liens are especially useful for contractors who do not receive payment after work …