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 …
9/8/21
In Blue Devil LLC v. Ace Prop. & Cas. Ins. Co., No. 1:20-cv-12480, 2021 U.S. Dist. LEXIS 166886, (D.N.J. Sep. 2, 2021), plaintiffs, comprised of seven related LLCs, brought seven breach of contract claims (one …
Illinois Chips Away at Use of Non-Compete Agreements for Low-Wage Earners
10/4/16
The political storm that has been brewing around the appropriate minimum wage amount now seems to have spread into the non-compete world. Last month, Illinois enacted the Freedom to Work Act, which prohibits employers from entering …
10/3/16
By: A. Ali Sabzevari
A federal judge recently dismissed a class action lawsuit accusing CrossCountry Mortgage, Inc. of contacting consumers nationwide with unsolicited calls, finding that plaintiffs did not clearly show the mortgage lender made the calls in dispute. Filed …
The Jury Did WHAT? The Recent Trend towards Large Verdicts in Personal Injury Cases
10/3/16
By: Andrew Treese
The time may have come to ask whether we can continue to cling to the notion – it if was ever true – that evaluation of verdict range may be based upon some integral multiplier of special …
FTC Finds Data Security Practices Unreasonable, Even Without Evidence of Unauthorized Access
9/30/16
By: Matt Foree
Recently, the Federal Trade Commission (“FTC”) issued a significant decision in which it held that LabMD, a former clinical laboratory, engaged in “unfair” practices in violation of Section 5 of the FTC Act because it failed to …
Let’s Go to the Replay: Effective Use of Video Footage to Defend Constitutional Claims
9/27/16
By: Andrew Treese and Kevin Stone
The 1989 premier of COPS, and more significantly the Rodney King incident in 1991, marked the beginning of a new era in law enforcement: the era of “policing on video.” Technological advances, combined with …
U.S. DOT Issues Guidelines for Self-Driving Vehicles
9/27/16
By: Wes Jackson
On Tuesday, the U.S. Department of Transportation ushered in the long-anticipated future of transportation with guidelines for “autonomous vehicles,” or self-driving cars (available here). The policy guidance focuses primarily on “highly automated vehicles,” (“HAVs”) or those …
The Foundation to Deny Coverage May Have Cracks
9/26/16
By: Bart Gary and Brian Lake
In Cypress Point Condo. Ass’n, Inc. v. Adria Towers, L.L.C., 226 N.J. 403 (2016), decided August 4, 2016, the Supreme Court of New Jersey affirmed a Court of Appeals decision that a condominium …
Apartment Management and Owners Increasingly on the Hook for Violent Crime
9/26/16
By: Wes Jackson
Unknown assailants killed a 33-year-old father of three during an apartment robbery in 2015. Earlier this month, a Clayton County jury determined the apartment complex where the robbery occurred is liable for half of the $20 million …
Sixth Circuit Becomes Latest Court to Find Standing in a Data Breach Lawsuit
9/23/16
By: David Cole
The majority of lawsuits filed by consumers over data breaches in recent years have been successfully defended by arguments that the plaintiffs lacked standing to bring the lawsuit. To have standing, a plaintiff must be able to …
Our Employee Said What Online? Public Entities and Employee Speech in the Digital Age
9/22/16
By: Paul H. Derrick
Unlike their private-sector counterparts, employees of municipalities, counties, and other public entities have work-related free speech rights that enjoy varying levels of First Amendment protection. Supreme Court law is clear on that broad point, although its …