PFAS legislation in 2021 and impact in 2022
1/17/22
By: Alec D. Tyra What Are PFAS? Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals. PFAS exhibit both grease repelling (lipophobic) and water repelling (hydrophobic) properties due to their unique chemical structure. By being both hydrophobic and lipophobic, PFAS made excellent coatings to create “non-stick” surfaces on both consumer products…
No mask required: Fifth Circuit grants stay in E.T. v. Paxton
12/16/21
By: Tia J. Combs On July 29, 2021, Governor Greg Abbott of Texas issued Executive Order GA-38, which provided, among other things, that “[n]o governmental entity, including…a school district…and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering[.].” The provision superseded any requirement by a…
Proposed amendments to Federal Rule of Evidence 702
11/2/21
By: Jacob E. Daly The federal judiciary’s Advisory Committee on Evidence Rules has proposed two significant amendments to Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony. These amendments would change Rule 702 as follows (additions are underlined; deletions are lined through): A witness who is qualified as an expert by knowledge,…
9/10/21
By: Amy B. Cowan In recent years, the Georgia Court of Appeals has consistently held that Georgia’s municipal ante litem notice statute requires that any notice of claim served upon a city must contain the specific amount of monetary damages sought stated as an offer of compromise which the city can accept. The Court’s most recent decision is no…
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…
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…
Critical development in Ninth Circuit self-incrimination Caselaw
8/13/21
By: Parisa Saleki The Ninth Circuit recently held that where a police officer obtains a suspect’s statements in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and prosecutors introduce those statements at a state criminal trial, the suspect may assert a §1983 claim for damages against the officer. Tekoh v. County of Los Angeles, 985 F.3d…
6/24/21
By: Tia Combs and Racheal Slimmon On Wednesday, the U.S. Supreme Court reversed a controversial holding by the Third Circuit that schools cannot regulate students’ speech outside of the school’s walls. In doing so, the Court reaffirmed that while a school’s ability to restrict student speech outside of the schoolhouse gates is less than it…
Certiorari in the Georgia Supreme Court by the Numbers
6/22/21
By: Jacob Daly The Georgia Court of Appeals has just ruled against your client, and so you’re considering whether you should file a petition for a writ of certiorari in the Georgia Supreme Court. Your client wants to know the likelihood of your petition being granted and, if it is granted, what the possible outcomes are…
Proposed Changes to the HIPAA Privacy Rule
5/13/21
By: Joseph Colette The United States Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) has announced new changes to the Standards for the Privacy of Individually Identifiable Health Information under the Health Insurance Portability and Accountability Act (the “HIPAA Privacy Rule”). The revisions to the HIPAA Privacy Rule address the following…
The Supreme Court Considers Discipline for Off-Campus Student Speech
5/3/21
By: Rachael Slimmon Last week the Supreme Court heard oral argument in a case that tests the boundaries of a school’s right to control the off-campus speech of its students. In Mahanoy Area School District v. B.L.,a Pennsylvania public high school student expressed her frustration over not making the varsity cheerleading team by posting a…
Clemson University Settlements Highlight Trends in Title IX Sports Claims
4/27/21
By: Candice Jackson and Wayne Melnick As colleges and universities face budget shortfalls that may be especially sharp due to challenges posed by COVID-19, two pre-litigation settlements reached by Clemson University last week highlight the risks to educational institutions of patching budget deficits by cutting sports teams. Citing financial challenges caused by COVID-19, Clemson announced…