Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea
Nursing home and skilled nursing facilities have been particularly hard hit by the COVID-19 virus. The resident populations are uniquely vulnerable and outbreaks in facilities nationwide have sparked …
State and Federal Motor Vehicle Exemptions related to COVID-19
3/18/20
By: Josh Ferguson
The Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration and in doing so provided a limited exemption from driver safety regulatory requirements. The exemption applies “for motor carriers and drivers engaged in the transport …
2/20/20
By: Jeffrey Hord
In the final minute of last November’s NFL game between the Cleveland Browns and the Pittsburgh Steelers, Browns defensive end Myles Garrett ripped off Steelers quarterback Mason Rudolph’s helmet and swung it at Rudolph, hitting him in …
I CAN’T GET NO, SATISFACTION – The Doctrine of Accord & Satisfaction
2/12/20
By: Stacey Bavafa
There are two conflicting statutes that govern the issue of Accord and Satisfaction in California: California Code of Civil Procedure §1526 and California Commercial Code §3311.
Enacted in 1987, California Code of Civil Procedure §1526 states that …
Undefeated Records: Good for Sports & Business
11/1/19
By: Brittany Kurtz
A contentious rivalry between divisional foes late in the season fueled a halftime bathroom brawl in December 2014 leading a Dallas Cowboys fan to file negligence claims against the Philadelphia Eagles organization and its security manager at …
Georgia Federal Judge Enforces Contractual Liability Limitation, Cuts Jury Verdict in Half
9/19/19
By: Jake Carroll
A federal judge in Georgia enforced a limitation of liability clause in a construction contract for engineering services—reducing the jury’s award from $5.7 million to just over $2 million. See U.S. Nitrogen LLC v. Weatherly, Inc., …
9/18/19
By: Justine Baakman
A three-judge panel of the Superior Court of Pennsylvania recently reaffirmed a snow contractor’s protection from liability during ongoing snow events. More specifically, the plaintiff initiated a personal injury suit in Pennsylvania state court after slipping and …
9/4/19
By: Eric Martignetti
In the recent decision of Williams v. Boston Public Health Commission, the Massachusetts Appeals Court partly reversed the trial court’s dismissal of claims brought by the plaintiff against the Boston Public Health Commission (“Commission”).
The plaintiff …
8/22/19
By: Jake Loken
Inviting individuals onto your property can lead to the invitation of a lawsuit. Generally, an individual injured on a landowner’s property could file a lawsuit against the landowner.
In Georgia, the legislature has carved out an exception …
8/19/19
By: Erin Lamb
An Eastern District of Pennsylvania judge ruled that the Philadelphia School District is immune from a lawsuit wherein a special education student was allegedly choked by his special education teacher. However, District Judge Gerald Pappert also ruled …
United States Supreme Court to Decide Whether Georgia Law can be Copyrighted
7/15/19
By: Jason Kamp
The United States Supreme Court recently agreed to decide whether the annotations contained in the Official Code of Georgia Annotated (OCGA.) can be copyrighted by the state of Georgia, granting certiorari in State of Georgia, et al. …
PG&E Reaches $1 Billion Settlement Following California Wildfires
6/28/19
By: Jenny Jin
Pacific Gas & Electric Co. recently reached a $1 billion settlement with 14 California local government agencies for the significant losses stemming from the 2015, 2017, and 2018 Northern California wildfires. The civil settlement was reached in …