Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins
A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims …
When is Engineering Required? City of Atlanta Issues New Code Interpretation
10/18/17
By: Cheryl H. Shaw
The City of Atlanta recently published its second International Residential Code interpretation of 2017, confirming that structural designs utilizing Structural Composite Lumber (SCL) must be designed and sealed by an engineer licensed to practice within the …
Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …
Court Holds that Eleven Claims are Subject to Single Limit
10/13/17
By: Joyce M. Mocek
Recently, the Eleventh Circuit, applying Florida law, held that eleven claims of bodily injury by separate patients all against a pharmacy and pharmacist for negligence in repackaging a drug for injections constituted “related claims” under the …
FINRA Tightens Expungement Requirements
10/12/17
By: Brett C. Safford
On September 25, 2017, the Financial Industry Regulatory Authority (FINRA) issued a “Notice to Arbitrators and Parties on Expanded Expungement Guidance” (hereafter, the “Notice”). The Notice continues the recent pattern of FINRA issuing rules …
LOL (Limitation of Liability) Clauses in A&E Contracts: He who laughs last, laughs best
10/11/17
By: Cheryl H. Shaw
It’s no coincidence that the abbreviation for “Limitation of Liability” is LOL. That’s the reaction design professionals often get when they include an LOL clause in a contract proposal. LOL or “exculpatory” clauses limit the designer’s …
SCOTUS Affirms FMG Victory In First-Of-Its-Kind 11th Circuit Flash Bang Case
10/10/17
By: Wayne S. Melnick and A. Ali Sabzevari
Previously, we blogged on a first-of-its-kind summary judgment obtained by Freeman Mathis & Gary in a Section 1983 case involving allegations of excessive force based on the police’s use of “Flash …
Updates on the “Joint Employer” Standard
10/10/17
By: Tim Holdsworth
More than two years have passed since the National Labor Relations Board (“NLRB”) handed down its new and controversial joint employer standard in Browning-Ferris Industries of California, 362 NLRB No. 186 (August 27, 2015). As you …
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…
Debate Over the ELD Mandate Intensifies
10/6/17
By: Parker M. Green
The debate over mandatory ELDs continues to intensify as the December 18th compliance deadline approaches. With less than 75 days until the deadline (FMG’s compliance countdown), some truck drivers are now resorting to desperate …
10/3/17
By: Bradley T. Adler and Will Collins
The recent Eleventh Circuit decision Gaines v. Wardynski, 2017 U.S. App. LEXIS 18276, No. 16-15583 (11th Cir. Sept. 21, 2017), is a good reminder of the importance and value of qualified immunity …
Extended Medical Leave Held Not Reasonable Accommodation Under ADA
10/2/17
By: Amy C. Bender
Accommodations for disabled workers, and particularly requests for medical leave, continue to present challenges for employers. Who is considered disabled? Do I have to provide employees additional time off work after FMLA, other statutory leave entitlements, …