U.S. Supreme Court Addresses Parameters of Free Speech
5/3/22
By: Doug Holthus
On May 2, 2022, the United States Supreme Court announced its decision in Shurtleff v. City of Boston, et al., 596 U.S. _ (2022). The primary issue presented: the parameters of freedom of speech.
The City of …
Avoid These Practitioner Pitfalls When It Comes to Trade-Secret Misappropriation Trials
5/2/22
By: Nancy M. Reimer and William A. Hadikusumo
A recent decision by the United States Court of Appeals for the Eleventh Circuit in Financial Information Technologies, LLC v. iControl Systems, USA, LLC, — F.4th — (11th Cir. Dec. 22, 2021) …
Employer overcomes religious-based challenge to vaccine mandate
5/2/22
On April 27, 2022, the United States Court of Appeals for the First Circuit Court ruled in Together Employees, by Individual Representatives v. Mass. Gen. Brigham Inc. (2022 U.S. App. LEXIS 11379), that a hospital system …
Elon Musk’s planned purchase of Twitter reignites questions of open source code security
4/29/22
By: Alexia Roney
On April 25, 2022, Elon Musk sealed the deal to buy Twitter, Inc., for $44 billion. Among the changes to the platform, Musk has floated making the algorithm that prioritizes tweets “open source,” so the public could …
4/28/22
By: Sean P. Kelly
In a recent Appeals Court decision, Kennedy v. Abramson, 100 Mass. App. Ct. 775 (2022), the Massachusetts Appeals Court reinforced the vitality of the doctrine of res ipsa loquitur as a means for plaintiffs to be …
Ohio Appellate Court addresses “Permanent and Substantial Deformity”
4/25/22
By: Doug Holthus
Ohio Revised Code §2315.18 imposes certain limits upon the available recovery of personal injury compensatory (non-economic) and punitive damages awards. An exception to the cap on non-economic damages exists where the plaintiff can establish that the injury …
4/22/22
In Erika L. McNamara, Willard F. Warren and Kenneth Bennett v. Government Employees Insurance Company, 2022 U.S. App. LEXIS 9090 (11th Cir. Apr. 5, 2022), the United States Court of Appeals for the Eleventh Circuit determined whether …
Massachusetts High Court Issues Two Important Wage and Hour Decisions
4/22/22
By: Jennifer Markowski, R. Victoria Fuller and Chris Redd
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a pair of decisions clarifying potential damages under Massachusetts’ wage and hour laws. Reuter v. City of Methuen addressed the appropriate measure …
Georgia Sparks Further Cannabis Debate
4/20/22
By: Wayne S. Melnick and Carlos A. Fernandez
The legalization of cannabis continues to cause chronic concern in Georgia. Recently, the State of Georgia and Patsy Austin-Gatson, Gwinnett County District Attorney, were named as defendants in a suit challenging the …
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
New Bridge Projects Raise New Opportunities and Risk Considerations
4/14/22
By: Eric Asquith
It made national news when the Fern Hollow bridge collapsed in Pittsburg, PA on January 28, 2022. Vehicles and a transit bus were on the bridge at the time of the collapse – 10 people were injured. …
4/14/22
By: Tyler Connor
In August of 2021, the Supreme Court of Georgia issued its controversial decision in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, 312 Ga. 350, 862 S.E.2d 295 (2021). The Court ruled that under O.C.G.A. …