Maine Healthcare Workers Challenging Vaccine Mandate Cannot Proceed Under Pseudonyms
8/8/22
By: Maria Alexander and Tara Sheldon The healthcare workers challenging the constitutionality of Maine’s COVID-19 vaccine mandate can no longer litigate their claims anonymously after the First Circuit Court of Appeals found that they failed to demonstrate a reasonable fear of harm to justify proceeding under pseudonyms. Maine’s Center for Disease Control promulgated a regulation…
7/18/22
By: Alec D. Tyra On June 30, 2022, the Supreme Court issued its opinion in West Virginia v. EPA, invalidating the 2015 Clean Power Plan (CPP). Chief Justice John Roberts delivered the opinion of the court, holding that Section 111(d) of the Clean Air Act does not authorize EPA to devise emissions caps based on…
Coverage Doesn’t Stick in Teflon dispute
6/27/22
By: Erin Lamb At its Petersburg, New York plant, Tonoga, Inc. made products and materials coated with polytetrafluoroethylene, better known by its trade name, Teflon. Before 2013, when making Teflon, Tonoga used perfluorooctanoic acid, perfluorooctane sulfonate, or a combination of both. These are man-made chemicals in a class of per- and polyfluoroalkyl substances, generally known…
6/23/22
By: Grace Callanan On May 23, 2022, the Supreme Court published its decision in Morgan v. Sundance related to the Federal Arbitration Act (the “Act”). The Court ruled that the Act is designed to put arbitration clauses or contracts on equal footing with any other type of contract or contract clause. Despite the Act’s “policy…
California Tort Law: Brown v. Taekwondo U.S.A. and the “no duty to aid” rule
6/16/22
By: Kenneth H. Coronel Does a bystander have an obligation to come to the aid of another under California law? Under most circumstances, the answer is “no.” A year ago, almost to the day, the California Supreme Court clarified the circumstances under which a person is obligated to come to the aid of a third…
Be Careful What You Post: Personal Jurisdiction in Internet Defamation Lawsuits
6/15/22
By: Michael Kenney and Tara Sheldon In today’s world, we have innumerable options to communicate and social media platforms like Twitter and Facebook have become, for many, a large part of our lives. While our modern digital life has increased social connectedness and removed barriers to communication, it has also led to increasing defamation claims…
6/6/22
By: Edward Storck Recently, the Connecticut Supreme Court examined the rights of a restaurant owner tenant who had withheld payment of rent citing the executive orders dealing with the Covid-19 pandemic as the cause for their inability to pay rent. In AGW Sono Partners, LLC v. Downtown Soho, LLC, SC 20625 (May 10, 2022), the…
Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now
5/31/22
By: Jonathan Schwartz and Patrick Eckler Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling is of great significance for those with cases that predate the statute’s effective date, July…
New York Comprehensive Insurance Disclosure Act Updates 2022
5/5/22
By: Nicholas J. Hubner New York enacted the Comprehensive Insurance Disclosure Act on December 31, 2021 (the “Act”). When originally signed, Governor Hochul requested that the Senate consider certain amendments to reduce or clarify the burden on litigants. The Act was amended on February 24, 2022, to address a variety of concerns with New York…
4/28/22
By: Sean P. Kelly In a recent Appeals Court decision, Kennedy v. Abramson, 100 Mass. App. Ct. 775 (2022), the Massachusetts Appeals Court reinforced the vitality of the doctrine of res ipsa loquitur as a means for plaintiffs to be heard in front of jury even where there is limited evidence of a prior defective…
Ohio Appellate Court addresses “Permanent and Substantial Deformity”
4/25/22
By: Doug Holthus Ohio Revised Code §2315.18 imposes certain limits upon the available recovery of personal injury compensatory (non-economic) and punitive damages awards. An exception to the cap on non-economic damages exists where the plaintiff can establish that the injury complained of constitutes a “(P)ermanent physical functional injury that permanently prevents the injured person from…
Georgia Sparks Further Cannabis Debate
4/20/22
By: Wayne S. Melnick and Carlos A. Fernandez The legalization of cannabis continues to cause chronic concern in Georgia. Recently, the State of Georgia and Patsy Austin-Gatson, Gwinnett County District Attorney, were named as defendants in a suit challenging the legality of commercial products containing cannabinoids derived from hemp. These hemp-derived products are not the…