Using Summary Judgment during the Arbitration Process
2/22/18
By: Erin E. Lamb
Many attorneys assume that once a case is in private arbitration, dispositive motions are against the rules and are no longer a useful tool to resolve cases. How could an arbitrator have the power to consider …
Federal Jurisdictional Update
2/19/18
By: Owen T. Rooney
Title 28 of the United States Code Section 1367(d) allows for federal supplemental jurisdiction over state law claims. This statute, as now construed by the US Supreme Court in Artis v. District of Columbia, holds …
Latest Developments In DACA
2/19/18
By: Kenneth S. Levine
On 2/15/2018 four (4) separate legislative bills that sought to address the March 5th termination of the DACA program, border security, family-based immigration and the Diversity Lottery were put up for a vote in the …
Florida Appellate Court Invalidates Local Minimum Wage Law
2/9/18
By: Melissa A. Santalone
A recent decision by Florida’s Third District Court of Appeal invalidated Miami Beach’s local minimum wage law, holding that a state statute preempted the local ordinance. In 2016, the City of Miami Beach enacted a local …
Landowner Scope of Duty
1/11/18
By: Owen T. Rooney
The California Supreme Court recently issued an opinion that limits the scope of duty and liability in premises liability cases. In Vasilenko v. Grace Community Church, plaintiff was struck by a car as he crossed …
Are We There Yet?: Auto Service Advisor Exempt Status Under the FLSA Makes Return Trip to the Supreme Court
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Pa. Supreme Court To Reconsider If Settlement Can Trigger Malpractice Suit
11/9/17
By: Barry S. Brownstein
The Pennsylvania Supreme Court has agreed to reexamine the extent to which a settlement agreement can serve as the basis for a legal malpractice case. The case stems from Eileen McGuire’s efforts to sue a hospital …
Home Run for Analysis of Use of Force During Medical Emergencies
10/31/17
By: Kevin R. Stone and Sara E. Brochstein
I’m bad at baseball. When I step in the batter’s box, I might as well have two strikes against me before the pitcher unleashes his first fastball. For me, it’s no big …
Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …
Repaying Old Debts – The Supreme Court Limits FDCPA Liability for Scheduling Time-Barred Claims in Bankruptcy
10/9/17
By: Matthew M. Weiss
Earlier this year, the Supreme Court handed a victory to debt collectors when it held that the scheduling of a time-barred claim in bankruptcy was not a violation of the Fair Debt Collection Practices Act (FDCPA).…
Supreme Court Holds Oral Arguments as to Whether EEOC has Duty to Conciliate in Good Faith Before Filing Lawsuit
2/5/15
By: Bill Buechner
The United States Supreme Court held oral argument in January regarding whether the EEOC’s decision to file a lawsuit rather than continue the conciliation process is subject to judicial review, and if so, what the standard of …
Courts Continue to Question Protections Afforded By Iconic Business Judgment Rule – Georgia Joins the Trend
7/21/14
By: Michael Wolak, III
The business judgment rule is an iconic fixture in American corporate jurisprudence reflecting a strong judicial reluctance to question the business judgments of directors and officers. In its classic form, the business judgment rule insulates a …