Waiver through litigation conduct found after challenge to arbitration
10/27/21
By: William Gildea In LMH-Lane Cabot Yard Joint Venture v. Mass. Electric Construction Co., Unpublished (Suffolk County Superior Court Civil Action No. 2184CV02019) (Mass. Super. Ct. Sept. 22, 2021) (Ricciuti, J.), the Massachusetts Superior Court denied a Plaintiff’s application to stay arbitration after finding the Plaintiff waived its objection to arbitration through litigation conduct. The Court found that Plaintiff’s conduct insisting on mediation after receiving the initial arbitration…
Name, Image, and Likeness (NIL): The new business world of collegiate sports
10/13/21
By: A. Ali Sabzevari NIL, which stands for name, image, and likeness, should now be a familiar term for anyone who follows college sports. College athletes across the country are being offered marketing and sponsorship deals in exchange for large sums of money. Historically, payments to student-athletes were forbidden and would result in significant sanctions/discipline. In 2010, UGA star wide receiver A.J.…
Georgia’s new Uniform Mediation Act provides protections for private mediations
9/14/21
By: Robert E. Buckley Georgia’s Uniform Mediation Act (“GUMA”), codified at O.C.G.A. § 9-17-1, et seq., went into effect on July 1, 2021 and applies to mediation proceedings entered into from that date. GUMA provides new protections and requirements for parties and mediators engaging in private mediation in Georgia. GUMA applies where parties elect to pursue mediation with an individual who holds himself or herself out as a mediator…
Massachusetts Supreme Judicial Court clarifies scope of the 2020 COVID-19 statute of limitations tolling order
9/9/21
By: R. Victoria Fuller & Diandra Franks In Shaw’s Supermarkets, Inc. v. Margarita Melendez, the Massachusetts Supreme Judicial Court (the “SJC”) recently held that its 2020 COVID-19 statute of limitations tolling order tolled the statute of limitations for all civil actions, not just those actions for which the limitations period would have expired during the tolling period. In Shaws, the plaintiff was allegedly injured on September 3,…
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…
U.S. District Judge leaves in place the extension of CDC Eviction Moratorium saying, “the Court’s hands are tied.”
8/13/21
By: Brian Goldberg and Nicolas Bohorquez On August 13, 2021, U.S. District Judge Dabney L. Friedrich denied the Plaintiff Alabama Association of Realtor, et. al.’s Emergency Motion to Enforce the Supreme Court’s Ruling and to Vacate the Stay Pending Appeal filed in U.S. District Court, District of Columbia, Case No. 20-cv-3377 (DLF). In denying the…
