FMG’s BlogLine features an array of articles written by our attorneys who cover recent legal trends and developments both locally and nationally. Explore our blogs on a multitude of legal and industry topics.
The battle over the gig economy in California continues
9/6/21
By: John Moot A California judge recently ruled that a 2020 ballot measure exempting rideshare and food delivery drivers from a state labor law is unconstitutional because it infringes on the Legislature’s power to set workplace standards. Uber, Lyft and DoorDash spent $200 million dollars qualifying and then getting passed with 58% of the votes a proposition that…
Design and construction litigation: Is your expert really an expert?
9/3/21
By: Samuel Gallman When determining who to use as an expert, the question often arises, “is my expert qualified to opine on the subject matter I have retained him/her for?” When answering this question, two things must be considered. First, whether the witness is legally qualified to testify as an expert. Second, whether the expert is actually…
New York “bad faith” bill seeks to expand recovery for insureds and third parties
9/2/21
By: Christopher Donnelly In 2020, the New York State Assembly and Senate each proposed bills which sought to expand a policyholder’s ability to seek recovery from its insurer via claims for unfair settlement practices or “bad faith” claims. The proposed bills, A5623B and S06216A provided “that plaintiff may recover interest, costs and disbursements; compensatory damages, consequential damages and reasonable…
After the fact wishes are not enough to change before the fact choices
8/31/21
By: Matt Boyer The Eleventh Circuit declines to find that a policy’s coverage is illusory simply because the policy does not cover the damages the insured wants it to cover On August 26, 2021, the Eleventh Circuit Court of Appeals published its opinion in The Travelers Indemnity Company of Connecticut v. Richard McKenzie & Son, Inc., Hermanns Real…
The ban on evictions is ending and millions of tenants may be affected
8/27/21
By: Natalie C. Pulley The CDC’s moratorium on evictions is finally being lifted. This could affect millions of individuals who are behind on rent as a result of pandemic-related shutdowns.1 At the beginning of the pandemic, Congress adopted a limited and temporary ban on evictions. The ban has since been extended several times and was most recently set to expire on July 31,…
PA Supreme Court weighs novel doctrine of enterprise liability
8/25/21
By: Sean Riley In the case of Mortimer v. McCool, No. 37 MAP 2020 (Pa. July 21, 2021), the Pennsylvania Supreme Court addressed a doctrine of piercing the corporate veil previously novel to Pennsylvania law, known variously as “single-entity,” “enterprise,” or “horizontal” liability. The matter arose out of injuries sustained by the plaintiff as a result of an intoxicated driver. The driver recently had been served by employees of a nearby…
Qualified immunity for private doctors in state correctional and mental health facilities
8/23/21
By: Jacob E. Daly Although the U.S. Supreme Court hears and decides cases between October and late June/early July every year, litigants file petitions for a writ of certiorari year-round. Thousands of cert petitions are filed every year, and so the odds of any particular petition being granted are slim. One recently filed petition, however, bears monitoring. See…
Dixie Fire burns from one side of the Sierras to the other, with claims sure to follow
8/20/21
By: Zach Moura The California Insurance Commissioner has issued a consumer alert as the Dixie Fire in Northern California becomes the first in California’s history to “burn its way clear across” the Sierra Nevada mountain range, according to Cal Fire Director Thom Porter. The Dixie Fire has been burning for a month and has grown…
United States Supreme Court Provides Additional Avenue for Patent Appeal
8/18/21
By: Vicki Fuller, Jessica Kelly, and Kendal Mitchell On June 21, 2021, the United States Supreme Court issued its long-awaited decision in United States v. Arthrex, No. 19-1434, 2021 U.S. LEXIS 3124, *1, *20 (June 21, 2021). In Arthrex, the Court analyzed whether administrative judges on the Patent Trial and Appeal Board (“PTAB”), the executive agency that conducts inter partes review (“IPR”), would retain their power to make final decisions for patent validity. Because the Administrative Patent Judges (“APJ”) are not constitutionally appointed the Supreme Court held the…