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July 2014

Insurance Coverage For Construction Defects - The Devil Is In The Details

By: Bart Gary and Seth Kirby
The Georgia Court of Appeals recently decided a case concerning whether a home builder was entitled to coverage under a commercial general liability policy for damages sustained by a homeowner due to construction errors. In keeping with recent precedent, the Court held that the insurance policy did not provide coverage for the costs incurred to repair the builder's defective installation of flashing on the home's exterior. The policy did, however, provide coverage for all other damage caused by the defective flashing.
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The NLRB Sets its Sights on Hooters

By: Jennifer Ward and Behnam Salehi
Over the past two years, The National Labor Relations Board ("NLRB") has shown an ever increasing interest in employer handbooks and workplace policies. In doing so, the NLRB has heavy-handedly struck down the employee handbooks and policies of the biggest employers in the country, including Boeing, General Motors, and Target. Most recently, the NLRB set its sights on an imaginable culprit - Hooters.
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Tolan v. Cotton: Protecting The Summary Judgment Standard or Improper Appellate Interference in "Factbound" Qualified Immunity Cases?

By: Peter Munk
The Supreme Court recently issued a per curiam opinion in Tolan v. Cotton vacating the Fifth Circuit Court of Appeal's grant of summary judgment to a police officer on the basis of qualified immunity. Tolan is noteworthy for two reasons. First, it marks the first time in 10 years that the Court has ruled against a police officer in a qualified immunity case. Second, the Court's decision to vacate and remand was based on the lower courts' "clear misapprehension of summary judgment standards."
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EEOC and FTC Issue Joint Publications on Employee Background Checks

By: Frank Hupfl
The Equal Employment Opportunity Commission ("EEOC") and US Federal Trade Commission ("FTC") recently co-authored two publications on the use of background checks in both the workplace and during the hiring process. The first publication is titled "Background Checks: What Job Applicants and Employees Should Know" and is directed at job applicants and employees. The second, titled "Background Checks: What Employers Need to Know" is directed at employers. In both publications, the agencies highlight and explain the rights and responsibilities of the respective parties in the use of background checks in employment decisions.
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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.


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