The Times They Are A-changing: The need to re-evaluate business associate agreements in the wake of cyber attacks on the healthcare industry
3/25/24
By: Julia N. Bover
You may have heard that Change Healthcare, a subsidiary of UnitedHealth Group, experienced a major ransomware attack late last month. The company, which is responsible for handling the prescription billing of more than 67,000 pharmacies across …
Creation of a dangerous condition is insufficient to establish liability under Nevada’s recreational use statute
3/25/24
By: Stephanie D. Bedker
The Nevada Supreme Court recently expanded protections for property owners arising out of known hazards. In Abbott v. City of Henderson, a mother sued for injuries sustained when she fell while assisting her child on …
Unlocking BRRETA: navigating broker duties and responsibilities in Georgia real estate transactions
3/18/24
By: Brian Goldberg and Zachary H. Waldrop
In Georgia, the Brokerage Relationships in Real Estate Transactions Act, commonly referred to as BRRETA, was enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated …
No duty to defend parents under homeowners policy for claims arising out of minor’s motor vehicle accident
3/14/24
By: Michael B. Weinberg
In the matter of Liberty Ins. Corp. v. Johnson, 306 A.3d 1143 (Conn. App. 2023), the Court of Appeals of Connecticut held that a homeowners insurer had no duty to defend insured-parents for actions of …
“Improper” conduct by counsel during closing argument leads to new trial
3/13/24
By: Robert Chadwick
It is not uncommon during closing argument for a lawyer to refer to an opposing side’s case as “ridiculous,” “absurd,” or “insulting.” Such hyperbole is generally not considered to be sufficiently prejudicial to warrant a mistrial or …
Texas court invalidates Pregnant Workers Fairness Act under Quorum Clause
3/11/24
By: William H. Buechner, Jr.
A Texas district court has held that the Pregnant Workers Fairness Act (the “PWFA”) is invalid because it was enacted in violation of the Quorum Clause of the Constitution. In Texas v. Garland, —- …
90 days from when? NJ Appellate Court clarifies date of accrual for tort claims against a public entity
3/11/24
By: Carleigh J. Belardo
In Estate of Khiev v. Southern Jersey Transportation Authority, 2024 WL 607735 (N.J. Super. Ct. App. Div. 2024), the New Jersey Appellate Court upheld the trial court’s decision to allow the Plaintiffs to file a …
Bourbon and bar fights: an overview of Kentucky’s Dram Shop statute in assault cases
3/7/24
By: Austin Anderson and Curt M. Graham
In 1988, Kentucky enacted its “Dram Shop” statute. The law, codified at KRS 413.241, states that no licensed seller of alcohol shall be liable to a person who was injured by an intoxicated …
DocuSign accused of violating California privacy act
3/7/24
By: Anna Perry
A lawsuit out of California claims DocuSign is violating the California Invasion of Privacy Act (CIPA). The lawsuit involves allegations against the company for violating California’s digital privacy laws through the use of tracking software on its …
Artificial Intelligence A.I.n’t the answer
3/6/24
By: Christopher J. Fulmer
The Commonwealth of Massachusetts recently joined a growing number of jurisdictions to hand down decisions condemning attorneys for the use of generative artificial intelligence (“AI”) to prepare and file court papers which rely on citations to …
Illinois court holds that alleged defamation does not fall into crime-fraud exception
3/5/24
By: Michael D. Sanders
In a case of first impression, the Illinois Appellate Court recently issued a decision finding that the crime-fraud exception to the attorney-client privilege does not apply to allegations of defamatory conduct by an attorney.
In MacDonald …
Tort reform: impact of HB 837 on jury instructions
3/5/24
By: Julie B. Karron, Esq.
Governor Ron DeSantis signed Senate Bill 2-A into law in December 2022, followed by his signing of HB 837 on March 24, 2023. One of the many features of this tort reform was the move …