California Assembly Bill 1552 – Near Miss or Cautionary Tale for Insurers?
11/11/20
By: Ryan Greenspan
As fear of the novel coronavirus and COVID-19 continues to grip the world, an array of government rules, restrictions, and guidelines have been imposed. Some businesses have been operating at a limited capacity and some have closed outright. …
11/10/20
By: Zachary Price
Under Proposition 51, although all defendants in California are liable to a plaintiff for 100% of plaintiff’s economic damages (including such things as medical expenses and lost earnings), defendants are only liable for noneconomic damages (such as …
Vaccine Breakthrough: Tort Immunity Under PREP Act Spurs Innovation
11/9/20
By: Kevin Kenneally
Recent news of possible imminent availability of groundbreaking COVID-19 vaccines has catapulted financial markets and infused optimism for recovery in global economies and the daily lives of people throughout the globe. These pharmacological and biotech advances were …
Sidewalk Trip & Falls – Business Beware
11/6/20
By: Robert Bazzo
Recently the California Court of Appeal, Second Appellate District (Division Two) heard the case of Jose Luis Lopez, Jr. v. City of Los Angeles and Wally’s Wine & Spirits, Et Al. (B288396.) The case involves a pedestrian …
11/5/20
By: Andy Treese and Jake Loken
The Supreme Court of Georgia has held that the state’s apportionment statute abrogates the “respondeat superior rule,” a decisional rule of law that had been in effect since 1967. As a result, employers now …
11/4/20
The United States District Court for the Eastern District of Kentucky recently issued one of only a handful of federal court opinions[1] addressing the labor provisions in the Families First Coronavirus Response Act (“FFCRA”). In …
$1 Million Settlement for HIPAA Violations is Cautionary Tale
11/2/20
By: Amy Bender
The Department of Health and Human Services’ Office for Civil Rights (OCR) has announced that insurance giant Aetna will pay $1,000,000 to settle HIPAA violations stemming from the following three disclosures of nearly 19,000 plan members’ protected …
Proposed Executive Order Regarding Design of Federal Buildings Stirs Up Architecture Community
10/29/20
By: Matt Foree
Earlier this year, a draft Executive Order was leaked to an architectural publication and quickly spread across the architecture community. The Executive Order, entitled “Making Federal Buildings Beautiful Again,” discussed guidelines for the design of Federal buildings. …
No Entry Without a Mask: Coverage for Discrimination?
10/26/20
By: Mallory Ball
More businesses are requiring masks or face coverings to protect their patrons and employees from COVID-19. Unfortunately, with the face-covering requirements, businesses are vulnerable to liability claims from patrons alleging they have been discriminated against by requiring them …
10/23/20
The recent New Jersey Supreme Court decision in Sun Chemical put defense counsel on notice of the potential for valid Consumer Fraud Act (“CFA”) claims to arise in cases involving allegations of express misrepresentation regarding the sale …
Central Bank Digital Currency: Oxymoron or Near Reality?
10/22/20
By: Peter Dooley
In a sharp change of course and softening of rhetoric, Federal Reserve Chair Jerome Powell gave a speech on Monday, October 19th at the International Monetary Fund’s Annual Meeting in which he left the door open to …
Is Qualified Immunity at Risk in the Coming Supreme Court Term?
10/22/20
By: Phil Savrin
The year 2020 has been tumultuous and unpredictable in many ways. Momentarily lost in the shuffle between the ongoing pandemic and the upcoming presidential election are the cries from some sectors of the community to “defund” police …