Obligation to Medicare when Plaintiff Is at Fault
1/22/21
By: Jennifer Adair
You have a slam dunk case. Perhaps you have already won your case at trial or on summary judgment. Once the celebrations subside, defendants and insurers in such situations began to evaluate the fastest and most cost-efficient …
Northern District of Georgia Finds Waiver of Coverage Defenses Not Specified in Denial Letter
1/13/21
In Hoover v. Maxum Indemnity Co., the Supreme Court of Georgia held that an insurer had waived a defense by failing to raise it in its initial letter denying the claim. The standard applied by the court …
1/13/21
By: Thomas Hay
In a Massachusetts trial court action, Timothy Lyons v. Phillip C. Farmer Development, Inc., Docket No. 1781-cv-01156, Freeman, Mathis & Gary, LLP prevailed on a motion for involuntary dismissal following the conclusion of the first civil …
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan
The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and …
New Jersey Courts Implement Plan For Virtual Civil Jury Trials During COVID-19 Pandemic
1/11/21
By: Daniel Baylson
The New Jersey court system has finally rolled out its plan for virtual civil jury trials during the ongoing COVID-19 pandemic. On January 7, 2021, the NJ Supreme Court authorized a two-phase approach to implementing virtual civil …
New DOL Rule Aims To Allow Benefits For Independent Contractors
1/8/21
By: Justin Boron
Independent contractors can receive ‘employee’ type benefits without becoming “employees” under a rule finalized by the U.S. Department of Labor Wednesday.
The provision is part of a final DOL rule that re-vamps the independent contractor classification test. …
Sometimes You Really Can See It Coming
1/7/21
By: Barry Miller
A woman charged with bilking the Massachusetts Department of Unemployment Assistance (“Department”) of more than $240,000 went to work for the Department in April after getting out of prison—having served her time for identity fraud.
Federal officials …
Sudden Emergency Defense- Suddenly disappears in Pennsylvania?
1/7/21
By: Josh Ferguson
The Pennsylvania Supreme Court recently issued an opinion that appears to limit, if not eliminate, the sudden emergency defense in motor vehicle accident claims. Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020).
In that matter, …
Liability for Injuries Caused by COVID-19 Vaccines
1/7/21
By: Jake Daly
Now that COVID-19 vaccines are being administered to millions of people across the country, it is worth asking whether the manufacturers of these vaccines (and others) can be liable for injuries they cause to recipients. This question …
Important Changes to Georgia’s Garnishment Laws Coming January 2021
12/31/20
By: Amy C. Bender
Without much, if any, attention, Georgia’s garnishment laws were amended in ways that will significantly impact continuing garnishments served on employers effective January 1, 2021. Some of the major changes are discussed below.
As background, garnishment …
Are Adult Entertainment Clubs Going To Save California’s Restaurants?
12/22/20
By: John Moot
In what could be the beginning of a reopening for restaurants hard hit by California’s new stay at home orders, two San Diego adult entertainment clubs have come to the rescue. A San Diego Superior Court Judge on …
PPP is Back with Second Draws and Favorable Tax Treatment
12/22/20
By: Justin Boron
The Paycheck Protection Program is set to return in 2021.
As part of the $900 billion COVID-19 relief bill passed yesterday, Congress renewed the popular small business relief program administered by the Small Business Administration to allow …