9/14/22
On Labor Day, California’s Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“the Act” or “FAST Recovery Act”) into law. The FAST Recovery Act aims to protect and give California …
Tag: #FMGLaw
9/13/22
By: Nicholas Jajko
The litigation battleground in class actions arising out of data breaches is almost always fought on Article III standing. Before any discovery is exchanged or fact depositions take place, claimants must allege they have standing to sue …
Owners and contractors beware: Massachusetts Appeals Court strictly interprets the Prompt Pay Act
9/12/22
By: David A. Slocum
A recent decision by the Massachusetts Appeals Court in Tocci Building Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) has established precedent that the formal rejection requirements of the Massachusetts Prompt Pay Act, …
Employee or Independent Contractor? The Connecticut Supreme Court Weighs In
9/8/22
By: Janice D. Lai
On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise’s “usual course of business” under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, for whether an individual is …
Post-judgment demand for prejudgment interest survives dismissal
9/7/22
By: Lee Whatling
The Eleventh Circuit Court of Appeals held recently that a claim for prejudgment interest made for the first time after liability had been determined was timely under Georgia law. In the underlying case, a Georgia district court …
9/6/22
By: Ed Storck
In a unanimous decision, the Connecticut Supreme Court in Malisa Costanzo, Administratrix, et al v. Town of Plainfield, et al, SC 20537 (July 19, 2022), upheld the Court of Appeals’ reversal of a trial courts’ order sustaining …
Watch your step: New Jersey Tort Claims Act Summer law update
9/6/22
The New Jersey Tort Claims Act remains a viable defense this summer for public entities, even for cases involving uneven boardwalks at the New Jersey shore.
Under the New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 …
9/1/22
By: Julia Bover
On August 24, 2022, California Attorney General Rob Bonta issued the first-ever enforcement action under the California Consumer Privacy Act (“CCPA”) against cosmetics retail chain Sephora.
The CCPA was signed into law in 2018 and went into …
8/30/22
By: Erin Lamb
A Seventh Circuit decision upholding the exclusion of pregnant workers from a Walmart distribution center’s temporary light duty policy is putting the spotlight on the Senate to pass The Pregnant Workers Fairness Act (“PWFA”). The PWFA is …
8/29/22
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
Two Carolina Courts Reject COVID-19 Business Interruption Claims
8/29/22
By: Shawn Bingham
South Carolina’s Supreme Court became the latest high court to side with an insurer in a Covid-19 business interruption case, adopting the majority approach to interpreting “physical loss or damage” in the typical commercial property policy. On …
California Court of Appeal rules in favor of policyholder in COVID business interruption case
8/25/22
By: Shawn Bingham and Amanda Figueroa
Recently, the California Court of Appeals, Second District, became only the second appellate court in the country—state or federal—to rule favor of a policyholder on a Covid-19 business interruption claim by holding that the …