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.
10/5/22
By: Janet R. Barringer, Esq. and Andrew M. Vandini On September 8, 2022, Judge Mark T. Wolf, longtime federal judge from Massachusetts’ District Court, entered a default judgment in favor of Plaintiffs in Red Wolf Energy Trading, LLC v. Bia Capital Mgmt., LLC after Defendants repeatedly failed to comply with discovery orders related to electronically…
I Now Pronounce You Joint Employers: The NLRB’s New Rule Would Expand Definition of Joint Employer
10/3/22
By: Jacob McClendon On September 6, 2022, the National Labor Relations Board proposed a new rule that would expand the definition of “joint employer” under the National Labor Relations Act. The new rule proposes a much broader definition that would include a significantly wider array of businesses as joint employers. Under the current rule, an…
NHTSA probes Tesla crashes involving motorcyclist fatalities
9/29/22
By: Edward Solensky Jr. A recent article in Insurance Journal discusses how two crashes involving Teslas apparently running on Autopilot are drawing scrutiny from federal regulators and point to a potential new hazard on U.S. freeways: The partially automated vehicles may not stop for motorcycles. The National Highway Traffic Safety Administration sent investigation teams to…
Outbreak!: Why insurance claims professionals should pay attention to Monkeypox
9/22/22
By: Glenn Klinger Monkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. As of September 20, 2022, the Centers for Disease Control and Prevention reported 24,203 confirmed cases nationwide, with California (4,753) and New…
9/16/22
By: Barry Miller Acuity v. Masters Pharmaceutical, 2022-Ohio-3092 (September 7, 2022), considered a “growing and diverging” body of case law applying commercial general liability (“CGL”) policies in opioid cases. Prior courts differed on whether CGL claimants must link damages to a particular bodily injury. The Ohio court rejected decisions that likened a government spending money…
9/14/22
By: Katherine A. Mastrobuoni On Labor Day, California’s Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“the Act” or “FAST Recovery Act”) into law. The FAST Recovery Act aims to protect and give California nonunionized fast-food workers bargaining power for better wages and better working conditions. The FAST Recovery Act…
9/13/22
By: Nicholas Jajko The litigation battleground in class actions arising out of data breaches is almost always fought on Article III standing. Before any discovery is exchanged or fact depositions take place, claimants must allege they have standing to sue the defendant. Standing is demonstrated by showing 1) an injury-in-fact; 2) fairly traceable to the…
Owners and contractors beware: Massachusetts Appeals Court strictly interprets the Prompt Pay Act
9/12/22
By: David A. Slocum A recent decision by the Massachusetts Appeals Court in Tocci Building Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) has established precedent that the formal rejection requirements of the Massachusetts Prompt Pay Act, M.G.L. c. 149 § 29E must be strictly complied with or else a written application…
Employee or Independent Contractor? The Connecticut Supreme Court Weighs In
9/8/22
By: Janice D. Lai On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise’s “usual course of business” under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, for whether an individual is an employee or an independent contractor for purposes of the Unemployment Compensation Act. In Vogue…