11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Professional Negligence Claim Against Georgia Design Professional Survives Economic Loss Rule
11/27/17
By: Cheryl H. Shaw
Georgia’s economic loss rule bars recovery in tort for economic losses arising from a contract. The idea behind the rule is that simple: When a dispute involves strictly economic losses, the parties should resolve their claims …
California Homeowners’ Associations Must Allow Politicking: SB 407 is Now Law
11/22/17
By: Jeffrey R. Cluett
On September 11, 2017, California Governor Edmund G. (“Jerry”) Brown, Jr. signed into law Senate Bill No. 407, which passed the California Senate and the California Assembly unanimously. SB 407 has been codified as California Civil …
Recent Affirmance of the Going and Coming Rule
11/21/17
By: Owen Rooney
In Morales-Simental v. Genentech, California’s First District Court of Appeal affirmed summary judgment for the employer, thus rejecting plaintiff’s attempts to expand on the special errand exception to going and coming rule. (No. A145865). The employee …
11/20/17
By: Paul H. Derrick
For years, the Farm Labor Organizing Committee, a small Ohio-based union that is the only labor organization representing farmworkers in the State of North Carolina, has used actual and threatened lawsuits as a means of getting …
You’ve Got Mail! – EEOC Charge Filing Process Is Now Available Online Across the Country
11/17/17
By: William E. Collins, Jr.
For many people, “You’ve Got Mail” evokes fun memories of Tom Hanks and Meg Ryan bickering and then falling in love over the internet in the popular 1998 romantic comedy. Now, however, this phrase may …
En Banc Eleventh Circuit Decision May Substantially Undermine Judicial Estoppel Defense
11/17/17
By: William H. Buechner, Jr.
A decision recently issued by the Eleventh Circuit sitting en banc may substantially undermine the judicial estoppel defense in employment cases.
A judicial estoppel defense may arise in many contexts, but the most common scenario …
11/16/17
By: Richard E. Wirick
This blog, second in a series of three, deals with coverage issues arising from fire losses in the first party context which do not deal with dwelling replacement cost (loss settlement) disputes. The two …
Expect Increased Worksite Inspections by ICE in 2018
11/15/17
By: Melissa M. Whitehead
One can barely turn on the news (or look at Twitter) without hearing about the current Administration’s immigration views and policies. The topic has become so highly politicized that it can be easy to miss the …
Is Virtual Currency Here To Stay?
11/15/17
By: Matthew S. Jones
With the growing interest in Bitcoin, Ethereum, and Litecoin, it was only a matter of time the U.S. Securities and Exchange Commission (“SEC”) and Internal Revenue Service (“IRS”) weighed in on the legality of such “cryptocurrency”. …
Study Finds No Significant Impact of Body Cameras on Police Conduct or Citizen Complaints
11/13/17
By: Wesley C. Jackson
In response to recent high-profile officer-involved shootings, many commentators are touting police body cameras as a way to keep police accountable. The hypothesis is that when police and citizens know they are being watched, they are …
11th Circuit Does Not Mesh Around and Upholds $27M Judgment
11/13/17
By Samantha Skolnick
In a recent decision by the U.S. Court of Appeals for the Eleventh Circuit, the Court upheld almost $27 million in judgments against Boston Scientific Corporation (BSC). The consolidated cases stemmed from women who claimed to have …