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 …
Tag: supreme court
7/14/22
By: Nancy Reimer & Sean Andrés Rapela
On July 1, 2022, in Bassichis v. Flores, the Massachusetts Supreme Judicial Court (“SJC”) held the litigation privilege protected an attorney from liability where he allegedly withheld information from the judge in …
7/6/22
In a continuing trend toward the limitation of the enforcement of arbitration clauses in employment contracts, in Southwest Airlines Co. v. Saxon, the Supreme Court of the United States unanimously held that an airport ramp supervisor …
6/28/22
By: William Cheney
In 2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction defect claims brought by a condominium …
6/23/22
By: Grace Callanan
On May 23, 2022, the Supreme Court published its decision in Morgan v. Sundance related to the Federal Arbitration Act (the “Act”). The Court ruled that the Act is designed to put arbitration clauses or contracts on …
California Tort Law: Brown v. Taekwondo U.S.A. and the “no duty to aid” rule
6/16/22
Does a bystander have an obligation to come to the aid of another under California law? Under most circumstances, the answer is “no.” A year ago, almost to the day, the California Supreme Court clarified the …
6/8/22
By: Michael Freed
The Supreme Court of Georgia granted certiorari in General Motors, LLC v. Buchanan on the question of “[w]hat factors should be considered by a trial court in ruling on a motion for a protective order under OCGA …
5/25/22
In the recent case of VAS Holdings & Investments LLC v. Comm’r of Revenue, No. SJC-13139, 2022 Mass. LEXIS 204 (May 16, 2022), the Supreme Judicial Court of Massachusetts (SJC) reversed the Appellate Tax Board’s holding …
Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act
5/23/22
By: Alec D. Tyra
Clean Water Act: What is WOTUS?
The Clean Water Act (CWA) was enacted to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The act, among other things, regulates the discharge …
5/23/22
By: Edward Storck
The recent decision in Tamara Dorfman v. Joscelyn Smith, et al, 342 Conn. 582, 271 A.3d 53 (March 29, 2022), addressed whether an insurer’s alleged conduct during litigation could form the basis of a “bad faith” finding …
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …
U.S. Supreme Court Addresses Parameters of Free Speech
5/3/22
By: Doug Holthus
On May 2, 2022, the United States Supreme Court announced its decision in Shurtleff v. City of Boston, et al., 596 U.S. _ (2022). The primary issue presented: the parameters of freedom of speech.
The City of …