Insured’s Failure to Submit Proof of Loss May Not, Without More, Support Denial of Florida Claims
7/27/23
By: Adam P. Reichel
Under Florida law, an insured may in certain situations avoid forfeiture of coverage, despite failing to submit a proof of loss statement. If the insured can show that the insurer was not prejudiced by the insured’s …
11th Circuit Supports Tolling of Federal Arbitration Act Timeframes in Certain Circumstances
7/11/23
By: Arielle E. Katz
On June 21, 2023, the 11th Circuit determined an issue of first impression – whether Section 12 of the Federal Arbitration Act (“FAA”), which provides that notice of a motion to vacate a Final Award …
Georgia Supreme Court Issues an Important Decision on Negligent Security Claims
7/7/23
On June 29, 2023, the Supreme Court of Georgia issued its much-anticipated decision in Georgia CVS Pharmacy, LLC v. Carmichael on the liability of proprietors and security contractors for personal injuries that arise out of third-party criminal conduct. Although the …
7/6/23
By: Jonathan Schwartz and Glenn A. Klinger
In a surprising decision, the Wisconsin Supreme Court sua sponte overturned Wisconsin Pharmacal Co., LLC v. Nebraska Cultures of California, Inc., 2016 WI 14, admitting that the Court erred in “incorporating the …
Georgia Court of Appeals Rules Employee Non-Solicitation Provision Must Have Geographical Limitation
7/6/23
By: Bradley T. Adler and Zachary W. Jarvis
While the future enforceability of non-compete provisions (and some other post-employment restrictive covenants) may be uncertain due to the recent efforts of the Federal Trade Commission, National Labor Relations Board and state …
From Scripts to Sanctions: Defendants Dismissed With Help From Plaintiff’s Aggressive Parroting
7/5/23
By: Brian Goldberg and Jack Ma
Federal Rule of Civil Procedure 30(b)(6) requires a corporation, government agency, or other organization to designate one or more individuals to testify. Unlike regular employees, their testimony has far more weight and may significantly …
SCOTUS Clarifies Need to File Post Trial Motions to Preserve Appeal
7/3/23
By: Meaghan Mahon and Lisa Grandner
Those in the legal profession understand the importance of preserving issues for appeal. Yet there has been conflict among the Courts of Appeals over whether a question of law, resolved at summary judgment, must …
6/29/23
By: Christopher J. Fleissner and Daniel Parker Jett
The Ninth Circuit recently ruled that an employer’s conduct can discriminate based on sex even if that conduct equally offends both men and women, and even if it does not target any …
Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they are consenting to a background check, …
6/12/23
By: Donald Patrick Eckler and Jonathan Schwartz
Starting in Spring 2021, Illinois began to allow 6 percent prejudgment interest to accrue in personal injury and wrongful death cases, albeit subject to exceptions and nuances, which we detailed in Down It …
NLRB Continues To Enter New Territory By Advising That Non-Compete Agreements Violate The NLRA
6/12/23
By: Brad Adler
On the heels of the NLRB’s controversial decision in McLaren Macomb, 372 NLRB No. 58 (2023) finding generally that non-disparagement and confidentiality provisions violate the National Labor Relations Act (NLRA), the NLRB’s General Counsel (“GC”) recently …
The Importance of Verifying AI-Generated Legal Insights
6/2/23
By: Samuel C. Jeon
In recent months, Artificial Intelligence (“AI”) has become increasingly prevalent in the legal field. AI-powered tools are now being used for a variety of tasks, including legal research, contract drafting, and case prediction. While AI can …