EPA’s new PFAS regulations for drinking water challenged in lawsuit by manufacturers and water utilities groups
6/13/24
By: Kevin M. Ringel, Kevin G. Kenneally, and Joshua G. Ferguson
This week, in a lawsuit challenging new PFAS regulations put in place by the Environmental Protection Agency (“EPA”) in April, the American Chemistry Council and National Association …
General contractor responsible for payment, even when subcontractor is hacked
6/13/24
By: Matthew P. Delfino and Jason M. Pannu
As the quantity and complexity of cyber threats continues to increase across various industries, a recent case from the U.S. District Court in Maryland highlights some of the security risks particular to …
Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
Can a one-million-dollar verdict be nominal? The Georgia Court of Appeals says yes
6/3/24
By: Breandan Cotter
In a recent opinion, Walmart Stores East, LP v. Leverette, the Georgia Court of Appeals upheld a $1,000,000 Gwinnett County Jury verdict based solely on an award of nominal damages, despite the jury having declined to award …
California insureds seeking Brandt fees waive the attorney-client privilege as to attorney fee documents
5/13/24
By: Rachel E. Hobbs
A recent decision by California’s First Appellate District holds that a party seeking Brandt attorney fees thereby waives the attorney-client privilege regarding such fees, although attorney work product protection is not waived. In Byers v. Superior …
You are not hallucinating: Risks and problems associated with Generative AI for lawyers
5/13/24
By: Jenna N. Lofaro
The New York State Bar Association’s Task Force on Artificial Intelligence recently issued a Report and Recommendations regarding Artificial Intelligence (“AI”) in the legal field. The task force on AI was created to examine the legal, …
FMG helps drug rehabilitation facilities continue their critical work
5/9/24
By: Parisa Saleki
There’s a reason they call it “practicing law.” In a case of first impression in California, Freeman Mathis & Gary, LLP’s Paul Bigley and Parisa Saleki brought home a great verdict in a complicated and emotional case …
HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
By: Nicholas J. Directo and William A. Hadikusumo
In March 2024, the Southern District Court for California in Bridlewood Estates Prop. Owners Assoc. v. State Farm General Ins. Co., 2024 U.S. Dist. LEXIS 47593 (S.D. Cal. Mar. 18, 2024) …
Poison poisson? Study finds high-levels of PFAS in seafood
5/6/24
By: Rory Hanrahan, James M. Mathew, and Joshua G. Ferguson
Coming off the heels of a new EPA regulation limiting their concentrations in public water systems, per- and polyfluoroalkyl substances, more commonly known as “PFAS” or “forever chemicals,” …
Supreme Court removes “significance test” requirement from Title VII Sex Discrimination Claims, resolving circuit split
5/2/24
By: Katherine C. Chenail and Courtney M. Knight
On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, Missouri, et al. 601 U.S. ____, (2024), and made it easier for employees to allege …
Florida HOA law changes are new to the neighborhood
5/1/24
By: Jessica Cauley
You’ve heard of the wild real estate scene in Florida since 2020. But unless you’re familiar with the residential subculture of homeowners’ associations, you may not realize how prevalent they are or that the combination of federal …
Colorado Supreme Court applies notice-prejudice rule to first-party homeowners’ property insurance policy case
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …