USLAW Member Legal Alerts

When is a termination letter legally signed?

Posted February 7, 2023

The post When is a termination letter legally signed? appeared first on BUSE. Continue Reading

Michael D. Chittick Named Chair of Labor & Employment Group

Posted February 6, 2023

Adler Pollock & Sheehan P.C. is pleased to announce that Michael D. Chittick has been named Chair of the firm’s Labor & Employment Group.  Mike will be replacing Robert P. Brooks, who has been the chair of the group for over 20 years and currently serves as the firm’s Managing… Continue Reading

Steve Quattlebaum Sworn In As ABOTA National President

Posted February 6, 2023

Steven W. Quattlebaum was installed as National President of the American Board of Trial Advocates (ABOTA) at the organization’s annual National Board Meeting in Santa Barbara, California, on January 28, 2023. Since his admission into the association in 1995, Steve has held a number of leadership positions, including two terms… Continue Reading

Meeting Minutes Attached To Complaint Can Demonstrate That A Claim Had Accrued For Notice of Claim Purposes

Posted February 3, 2023

  Las Ventanas I, LLC v. Arizona Department of Environmental Quality Arizona Court of Appeals, Division One February 3, 2023 JSH Attorneys: Justin Ackerman & Ashley Caballero-Daltrey The Arizona Court of Appeals issued a memorandum decision addressing accrual of claims for the purposes of Arizona’s Notice of Claim Statute.  The Court… Continue Reading

Illinois Supreme Court Confirms a 5-Year Statute of Limitations Applies to All BIPA Claims

Posted February 2, 2023

The BIPA hits keep coming for employers and companies in Illinois. Today, in a long-awaited opinion in Tims v. Black Horse Carriers, Inc., the Illinois Supreme Court found that a five-year statute of limitations applies to all BIPA claims. This is not welcomed news for employers as it broadens the… Continue Reading

New Permanent Resident Card and Employment Authorization Document Design Effective January 30th

Posted February 2, 2023

On the same day they began issuing the new cards, the U.S. Citizenship and Immigration Services (“USCIS”) announced new designs for the Permanent Resident Card (also known as a “Green Card”) and Employment Authorization Document (“EAD”), beginning with any card issued on January 30, 2023. The USCIS website should be… Continue Reading

2023 (FY24) H-1B Cap Season Opens March 1st

Posted February 2, 2023

Over the last weekend of January 2023, the U.S. Citizenship and Immigration Services (“USCIS”) announced that the 2023 H-1B cap season opens at noon EST on March 1st and ends at noon EST on March 17th. It is only during this period of time, that registrations for the H-1B lottery can… Continue Reading

Further Insight…..On Estate Planning – New Episode Released

Posted February 1, 2023

In our new podcast, Further Insight….on Estate Planning, Kristin Matsko and Kathryn Windsor briefly discuss articles from our bimonthly newsletter, Insight on Estate Planning. In this episode, Why Contingent Beneficiaries Matter,  Kristin and Kathryn discuss why naming contingent beneficiaries is critical.   Why Contingent Beneficiaries Matter The post Further Insight…..On… Continue Reading

New Faces of Justice: 2022 California Appellate Appointments

Posted February 1, 2023

2022 was a banner year for appointments and elevations to California’s Courts of Appeal. The State’s new Chief Justice and newest Associate Justice of the California Supreme Court led the news, but Governor Newsom also filled a large number of vacancies on the intermediate appellate courts. With all this change,… Continue Reading

Protecting reputation in the event of whistleblowing by employees.

Posted January 31, 2023

The post Protecting reputation in the event of whistleblowing by employees. appeared first on BUSE. Continue Reading

Michael Crosby Joins CREC Metro Little Rock Board

Posted January 30, 2023

We are pleased to share that Michael B. Crosby III has been named to the Commercial Real Estate Council of Metro Little Rock Board of Directors for 2023. A transactional attorney with the firm, Michael’s practice is primarily focused on real estate and agricultural matters. CREC MLR supports and promotes… Continue Reading

WE HAVE A NEW ADDRESS!

Posted January 30, 2023

We are excited to announce that our Dothan office is growing and we have a new address: 200 Grove Park Lane, Suite 200 Dothan, AL 36305 To check out our Dothan Attorneys, click here! The post WE HAVE A NEW ADDRESS! appeared first on Carr Allison. Continue Reading

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

Posted January 26, 2023

The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that all petitions be ready for submission by March 1. Continue Reading

Chris Yagoobian Presents on RI’s New Pay Equity Law

Posted January 26, 2023

Chris Yagoobian will be speaking on RI’s New Pay Equity Law for the Rhode Island Hospitality Association on Monday, January 30th at 2:30pm. This webinar will review the key language of Rhode Island’s New Pay Equity Law and discuss the obligation and restrictions imposed on Rhode Island employers concerning the… Continue Reading

Baird Holm Partners Hannah Fischer Frey, Jesse D. Sitz, and Summer Associate Carrie Schwab Co-Author Nebraska CPA Article “Taking Advantage Of The Section 1202 Gain Exclusion”

Posted January 25, 2023

Baird Holm Partners Hannah Fischer Frey and Jesse D. Sitz, as well as Summer Associate Carrie Schwab, co-authored the article titled, “Taking Advantage Of The Section 1202 Gain Exclusion,” that was recently published by Nebraska CPA. Read more here. The post Baird Holm Partners Hannah Fischer Frey, Jesse D. Sitz,… Continue Reading

FTC Fines Epic Games For Children’s Online Privacy Violations and Deceptive Dark Patterns

Posted January 24, 2023

On December 19, 2022, the Federal Trade Commission (“FTC”) announced two settlements with Epic Games, the developer behind the popular Fortnite video game, for privacy and consumer protection violations.  In addition to changing default privacy settings, Epic Games will be required “to pay a total of $520 million in relief over allegations the… Continue Reading

LastPass Data Breach and its Class Action Suit

Posted January 24, 2023

LastPass is a software service that offers to save users’ passwords in one place, accessible on demand through many different methods and devices such as computers, tablets, and phones.  Several competitors offer similar services, such as DashLane, 1Password, and BitWarden, among others.  Password managers have become more and more common… Continue Reading

Legal framework for wearables: Complete monitoring or useful tools?

Posted January 24, 2023

The post Legal framework for wearables: Complete monitoring or useful tools? appeared first on BUSE. Continue Reading

Breaking News: Union Membership Rate Drops to Historic Low in 2022

Posted January 24, 2023

2022 is now “in the books” and organized labor has to be reeling seeing the latest news. Despite all of those sensational headlines involving a few high profile employers facing union organizing drives last year, the union membership rate dropped to a new historic low in 2022. Continue Reading

Arizona Supreme Court: Justification Defense Statute Applies Only To Defendant’s Conduct, Not To Victim’s

Posted January 20, 2023

State v. EwerArizona Supreme Court January 20, 2023JSH Attorneys: Justin Ackerman & Arcangelo S. Cella Arizona’s self-defense statute (A.R.S. § 13-404(A)) provides that “a person is justified” in threatening or using physical force where reasonably necessary for self-defense. In a unanimous opinion, the Arizona Supreme Court has clarified that this… Continue Reading

QGT Welcomes Aaron Cochran To Firm

Posted January 19, 2023

Quattlebaum, Grooms & Tull PLLC is pleased to announce that Aaron C. Cochran has joined the law firm as an associate.   Mr. Cochran is located in the firm’s Little Rock office and his practice is primarily focused on bankruptcy, debtor and creditor rights, secured transactions, and other litigation matters. Prior… Continue Reading

Primer on Claiming Medicare Bad Debt on Cost Reports

Posted January 19, 2023

Attorney Stuart J. Vogelsmeier provides an overview of the Department of Health and Human Services Office of Inspector General’s (OIG) December 2022 Audit Report in regards to providers claiming Medicare Bad Debts. His review provides practical insights for providers in complying with Federal cost report requirements and in the development… Continue Reading

Expanding Workplace Protections for Pregnant Workers: New Federal Law Explained

Posted January 18, 2023

On December 29, 2022, President Biden signed an omnibus appropriations bill into law that includes expanded protections for pregnant and nursing employees through two new acts: The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP). Continue Reading

SECURE Act 2.0 Makes Significant Changes to 401(k) and 403(b) Plans

Posted January 17, 2023

The long-awaited SECURE 2.0 Act of 2022 (“SECURE 2.0”), containing sweeping changes to workplace retirement plans, was signed into law on December 29, 2022 as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the revisions to retirement plan rules enacted by the Setting Every Community Up… Continue Reading

Good things take time? The Whistleblower Protection Act is finally here.

Posted January 17, 2023

The post Good things take time? The Whistleblower Protection Act is finally here. appeared first on BUSE. Continue Reading

David Cohen Accepted Into The National Academy of Distinguished Neutrals (NADN)

Posted January 13, 2023

David Cohen was recently accepted into the National Academy of Distinguished Neutrals (NADN).  NADN is a national association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial conflict resolution.  Parties can visit David’s NADN web profile at https://www.nadn.org/david-cohen to schedule,… Continue Reading

Carr Allison Announces New Shareholders

Posted January 13, 2023

Carr Allison congratulates our new Shareholders: Nikki Harlan (Gulfport, MS), Hal Houston (Jacksonville, FL), Chancey Miller (Chattanooga, TN), Wade Norwood (Birmingham, AL), Michael Petherick (Chattanooga, TN) and Kyle Weaver (Tallahassee, FL).   Nikki Harlan practices in the areas of Workers’ Compensation, Transportation and General Litigation. Hal Houston practices in the… Continue Reading

Nicole Benjamin Interviewed on FDCC’s Podcast

Posted January 12, 2023

Nicole Benjamin was interviewed on the Podcast FedSpeaks: How FDCC Members Get it Done. The FedSpeaks podcast is a production of The Federation of Defense and Corporate Counsel, a professional trade association of the premier defense and senior corporate counsel and insurance industry representatives from across the United States and… Continue Reading

Vogelsmeier Quoted in National Healthcare Publication

Posted January 12, 2023

Lashly & Baer attorney, Stuart J. Vogelsmeier, commented on the potential impact on healthcare providers of the FTC’s proposed regulation that would ban non-compete agreements. Here is the link to the story which appeared on January 11, 2023 in Healthcare Dive. The post Vogelsmeier Quoted in National Healthcare Publication first… Continue Reading

Daniel Procaccini Appointed to U.S. District Court Advisory Council

Posted January 12, 2023

Dan has been appointed by Chief Judge John J. McConnell, Jr. to the U.S. District Court Advisory Council for the District of Rhode Island. This newly formed Court Advisory Council will take over the responsibilities previously held by the Local Rules, District Conference, Bench/Bar, Admissions and Attorney Education committees. Judge… Continue Reading

Court of Appeals Rules That Receivership Actions Are Not Subject To Notice Of Claim Requirements

Posted January 11, 2023

UMB Bank, NA v. Parkview School, Inc.Arizona Court of Appeals, Division One January 11, 2023JSH Attorneys: Ashley Caballero-Daltrey & Justin Ackerman In a recent opinion by the Arizona Court of Appeals, the court concluded that actions for appointing receivers are not subject to Arizona’s Notice of Claim statute.  The ruling… Continue Reading

Federal Labor Court: Vacation is only forfeited if the employer informs the employee.

Posted January 10, 2023

The post Federal Labor Court: Vacation is only forfeited if the employer informs the employee. appeared first on BUSE. Continue Reading

Welcome back, Mitchell J. Kolberg!

Posted January 5, 2023

Mitchell Kolberg is in his third year of law school at the University of Idaho. He recently served as a legal extern with District Judge Nye and has served as both the associate and business editor for the Idaho Law Review. Mitchell is interested in being a civil litigator and… Continue Reading

Welcome, Christina M. Hesse!

Posted January 3, 2023

Duke Evett is pleased to announce Christina M. Hesse has joined the firm as Of Counsel as a litigation and trial attorney.  She represents health care facilities, medical malpractice, insurance bad faith, companies, employers, and individuals in complex civil suits.  She is adept at working with expert witnesses across multiple… Continue Reading

QGT Announces New Members

Posted January 3, 2023

Quattlebaum, Grooms & Tull PLLC is pleased to announce that Sarah Keith-Bolden and Scott M. Lar have become managing members of the law firm and Meredith M. Causey and Philip A. Elmore have been named members.   Ms. Keith-Bolden is located in the firm’s Little Rock office and concentrates her… Continue Reading

Mike Shannon And Joey Price To Speak On Eminent Domain

Posted December 27, 2022

Michael W. Shannon and Joseph W. Price II are featured presenters for the Arkansas Easements, Eminent Domain & Water Rights webinar to be held on January 18, 2023.  Mike’s presentation on eminent domain law will include the history and understanding of eminent domain powers, types of eminent domain “takings” and… Continue Reading

Pryor and Ryan Earn Summary Judgment

Posted December 27, 2022

Carr Allison shareholders Caroline Pryor and Sarah Ryan recently won summary judgment in Mobile County Circuit Court (AL) for a premises owner.  The plaintiff in the case alleged that she tripped and fell on a step which she said she did not see before she fell.   The defense argued that… Continue Reading

Appellate Oral Argument: The Ultimate Misnomer?

Posted December 23, 2022

Justice William Bedsworth’s recent column, “Oral Argument: Better Than Oral Surgery,” packs a lot of meanings into the title’s last four words. (See The Recorder, 12/19/2022.) I suppose it might depend on viewpoint, you know, surgeon or patient, the condition in question, the complexity of the problem, and how direct… Continue Reading

Brostron and Stump Named to Missouri Power List

Posted December 23, 2022

Congratulations to Lashly & Baer attorneys Kenneth Brostron and Lisa Stump for being named to the 2022 Missouri Lawyers Weekly Power List for Education Law. The Top 100 POWER List 2022 The post Brostron and Stump Named to Missouri Power List first appeared on Lashly & Baer, P.C.. Continue Reading

LASHLY & BAER, P.C. ADDS TWO NEW ASSOCIATES ANDREW BRAMMAN AND RILEY BROWN

Posted December 23, 2022

Friday, December 23, 2022 (St. Louis, Missouri) – Attorney Andrew R. Bramman and Riley J. Brown have joined Lashly & Baer, P.C. as associates. Andrew R. Bramman holds a J.D. from Saint Louis University School of Law and practices in the areas of Land Use, Urban Development, Environmental Law, and… Continue Reading

Kathleen McCauley and Taylor Brewer Named to Virginia Business Legal Elite

Posted December 16, 2022

The MRC health law team continues to make strides, with Kathleen McCauley and Taylor Brewer named to the 2022 Virginia Business magazine Legal Elite. Launched in cooperation with the Virginia Bar Association in 2000, Virginia Business’ Legal Elite polls licensed Virginia lawyers each year, asking them to identify which of… Continue Reading

JSH Partner Broerman to Serve on USLAW’s Insurance Law Leadership Team

Posted December 15, 2022

Jones, Skelton & Hochuli, PLC is pleased to announce that partner Kevin Broerman has been named to the USLAW Network Insurance Law Practice Group Leadership Team. Broerman will serve as the practice group’s secretary. Chair of JSH’s Construction Defect Trial Group, Broerman regularly coordinates presentations and conferences for USLAW Network… Continue Reading

IRS Guidance on New Research & Experimental Cost Capitalization: At What Expense?

Posted December 13, 2022

Companies face the loss of a major tax break on research and experimental ("R&E") costs for 2022, absent Congressional action. Since 1954, Internal Revenue Code section 174 has allowed taxpayers to immediately deduct R&E costs. Effective January 1, 2022, the Tax Cuts and Jobs Act of 2017 ("TCJA") amended section… Continue Reading

Two Attorneys Promoted to Partner

Posted December 12, 2022

Congratulations to Taylor D. Brewer and Robin E. Walker, each promoted to partner. Taylor concentrates her practice in complex litigation, including the defense of medical malpractice actions, hospital liability, risk management issues, and constitutional officer claims. Robin practices in commercial real estate and finance. The post Two Attorneys Promoted to… Continue Reading

Worth the Wait? CalPERS Regulation Will Define "Limited Duration" for Rehired Retirees

Posted December 5, 2022

Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary… Continue Reading

Shyrell Reed Named VLW Go-to Lawyer for Medical Malpractice

Posted November 23, 2022

MRC partner Shyrell A. Reed has been named a ‘Go to Lawyer’ for medical malpractice defense by Virginia Lawyers Weekly. Shyrell’s bio includes an impressive list of representative cases. Congratulations, Shyrell! The post Shyrell Reed Named VLW Go-to Lawyer for Medical Malpractice appeared first on Moran Reeves Conn. Continue Reading

Providers are Encouraged to Remain Vigilant with COVID-19 Compliance

Posted November 22, 2022

Earlier in 2022, Federal Occupational Safety and Health Administration (“OSHA”) area offices were charged with conducting follow-up inspections directed at hospitals and skilled nursing facilities that had been cited for violating Covid-19 safety requirements at the height of the pandemic in 2020 and 2021. Under the initiative, OSHA sought to… Continue Reading

Pay-to-Play Restrictions Expanded in 2023

Posted November 10, 2022

Key Points Elected officials are now universally subject to the Levine Act, the primary California pay-to-play statute. Elected and appointed officials cannot accept or solicit a campaign contribution for 12 months following the date a decision is made concerning licenses, permits, land use entitlements, and certain contracts (Covered Proceedings) before… Continue Reading

IRS Issues 2023 Limits for Retirement Plans

Posted November 8, 2022

On October 21, 2022, the IRS announced in Notice 2022-55 cost-of-living adjustments to the tax-qualified retirement plan dollar limits for 2023. Most of the applicable dollar limits currently effective for 2022 will increase substantially compared with prior years. Below is a summary of the limits that are generally relevant for… Continue Reading

Duke Evett Awarded Best Law Firm for 2023!

Posted November 3, 2022

Congratulations to Duke Evett, PLLC!  US News & World Report honored Duke Evett as a Best Law Firm for 2023!  Achieving a tiered ranking in U.S. News –  “Best Law Firms” signals a unique combination of quality law practice and breadth of legal expertise.  Fabulous news, Duke Evett! Continue Reading

Hallford Accepted Into The FDCC

Posted November 2, 2022

Carr Allison shareholder Pamela Hallford of our Dothan (AL) office has been accepted into the Federation of Defense and Corporate Counsel (FDCC). The FDCC is a professional trade association of premier defense and corporate counsel that is dedicated to lead the profession by advancing the principles of integrity, professionalism, fair… Continue Reading

Another Trial Win for Duke Evett!

Posted October 31, 2022

Keely Duke, Marissa Brakes, and the Duke Evett team won a unanimous defense verdict in a medical malpractice trial for a Boise OB/GYN. Congratulations to Keely, Marissa, and the DE Team! #law #litigation #trialwin Continue Reading

Pandemic-Era Extensions for Presenting Government Claims to Public Entity Defendants Expired on October 27, 2022

Posted October 31, 2022

On October 27, 2022, Governor Gavin Newsom’s COVID-19 pandemic-related extensions of the deadline to present a government claim to a public entity under the Government Claims Act expired. In other words, a would-be claimant can no longer invoke the 120-day pandemic-related extension when presenting a claim. Background Government Code section… Continue Reading

Josh Evett and Duke Evett Team Win $413,163.69 Fee and Cost Award in Products Case!

Posted October 28, 2022

Duke Evett Team Win $413,163.69 Fee and Cost Award in Products Case! Earlier this year Josh Evett and his Duke Evett Team successfully defended a meritless case against an international appliance manufacturer for a commercial fire in eastern Idaho.  We are pleased to announce that the district court awarded our… Continue Reading

Judicial Notice on Appeal (Part Two): Discretionary Subject Matter

Posted October 28, 2022

Appellate courts have broad power when it comes to judicial notice, and that power is comprised of two types of matters: mandatory and discretionary. In the first part of this two-part post, I discussed matters that an appellate court must judicially notice. (See Judicial Notice on Appeal: Mandatory Subject Matter,… Continue Reading

Hallford Selected to Serve on USLAW Future Leaders Group

Posted October 26, 2022

Carr Allison shareholder Pamela Hallford of our Dothan (AL) office has been selected to serve on the USLAW Future Leaders Group. She will be serving as the Educational Coordinator. Congratulations! The post Hallford Selected to Serve on USLAW Future Leaders Group appeared first on Carr Allison. Continue Reading

Moran Reeves Conn Accepts Invitation to Join USLAW NETWORK

Posted October 26, 2022

USLAW NETWORK, Inc. has named Moran Reeves & Conn PC as its newest member firm, representing the Commonwealth of Virginia. “We are excited to welcome the team from Moran Reeves & Conn to USLAW NETWORK,” said Amanda Pennington Ketchum, Chair of USLAW NETWORK from Dysart Taylor in Kansas City, Missouri.… Continue Reading

Negligence, Gross Negligence, and Willful and Wanton Negligence – What is the Difference and Why Does it Matter?

Posted October 17, 2022

by Sophia M. Brasseux, Esq. There are three types of negligence recognized in the Commonwealth of Virginia: negligence, gross negligence, and willful and wanton negligence. The distinctions between these levels of negligence are important because each level may carry differing legal implications and consequences for the offending party. The standard… Continue Reading

How and When to Ask a Court to Overturn Intermediate Appellate Precedents

Posted September 30, 2022

In CoreCivic, Inc. v. Candide Group, LLC, 46 F.4th 1136 (2022), the Ninth Circuit reaffirmed 20 years of decisions holding that special motions to strike under California’s “Anti-SLAPP statute” may be filed in federal diversity actions.  As the court reflected, circuits have split over the federal implementation of the various… Continue Reading

How Requests for Publication of Appellate Opinions Can Help Shape Your Industry

Posted August 24, 2022

In the wake of the Coronavirus pandemic, countless policyholders made insurance claims with their carriers based on the closure or interruption of their businesses. The insurers with near-uniformity denied coverage, presenting a united front against their insureds.  Thousands upon thousands of cases ensued testing the propriety of the insurers’ denial… Continue Reading

Privacy Rights and Public Perception – What Didn’t Change in COVID

Posted March 12, 2021

We came across an interesting article in Slate that highlights an example of one police department in Connecticut that sought to use drones to help flatten the curve in the early months of the COVID-19 pandemic—allegedly by using drones equipped with tools that could monitor compliance with social distancing guidance and potential… Continue Reading

Anti-Drone Technology at Professional Sports Stadiums

Posted March 5, 2021

Anti-drone technology is now a basic security feature at many major league baseball (MLB) stadiums. Here is an interesting article on the Sports Illustrated website about the use of anti-drone technology to combat the growing problem of drones flying overhead during games. The Federal Aviation Association (FAA) has banned unmanned… Continue Reading

Drones and Local Government—a COVID Story

Posted March 3, 2021

Here’s an interesting article from the New York Times about the use of drones to spray a sanitizing cleaning solution over seats at a spring training baseball stadium in Arizona.  Such UAS spraying technology already exists in the agriculture industry and so this is a simple hack for today’s COVID-influenced world.  So… Continue Reading

FAA Issues Final Rules On Operation Over People and Remote Identification

Posted February 24, 2021

The hoverlaw blog has been dormant for a while.  But we are back!  When we last posted, the FAA had issued notices of proposed rulemaking regarding remote identification of unmanned aircraft systems (UAS) and UAS operation over people.  As of January 15, 2021, the two rules are now finalized.  The… Continue Reading

Remote Identification: The FAA Proposed Rule and Privacy

Posted February 6, 2020

In our first posting of 2020, we covered the FAA’s Remote Identification of Unmanned Aircraft Systems notice of proposed rulemaking and promised that we would be blogging on the impacts of the proposed new rule. This is the fourth in a series of postings about the significance of the proposed new… Continue Reading

Bevan Publishes Story in USLAW Magazine on Auto Insurance Issues for Driverless Cars

Posted April 2, 2019

Kent Bevan published a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.” “Driverless cars and autonomous vehicles are a common sight in futuristic science fiction movies, but now they’re becoming a part of present-day reality. In fact, the physical act of driving a car may… Continue Reading

Brumitt Delivers Construction Law Presentation

Posted March 13, 2019

Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.” Continue Reading

Brumitt Delivers Construction Law Presentations

Posted January 29, 2019

Lee Brumitt presented to the Kansas City Chapter of the National Association for Women in Construction on January 14. The presentation entitled “Preserving and Advancing Contractors’ Payment Rights” focused on federal, Missouri, and Kansas law and discussed tools and best practices to increase the likelihood of general and subcontractors receiving full… Continue Reading

New Prime, Inc. v. Oliveira: Independent Contractors Now Exempted Under the Federal Arbitration Act

Posted January 24, 2019

By: Anne E. Baggott andBenjamin J. Stringer The U.S. Supreme Court recently decided a case with important implications for the transportation industry, New Prime, Inc. v. Oliveira. Under federal law, transportation companies can no longer compel its workers engaged in interstate commerce to arbitrate disputes.  However, state laws may still permit arbitration of… Continue Reading

Ketchum and Boe Receive Special Recognitions in “Super Lawyers”

Posted January 22, 2019

Amanda Pennington Ketchum and Leslie A. Boe received special recognitions in this year’s edition of Super Lawyers: Continue Reading

Federal Class Action Appeals – What’s the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed?

Posted December 28, 2018

If you’re litigating a putative class action in federal court and get a class certification order that is adverse to your client (whether plaintiff or defense), you may petition to take an immediate appeal of that order.  Fed. R. Civ. P. 23(f). The petition to appeal must be filed quickly—within… Continue Reading

California Provides Defendants Additional Exemptions from Slack Fill Liability

Posted November 27, 2018

In response to an ever-increasing number of class action lawsuits claiming consumer deception based on the amount of empty space in product packaging, California recently amended its slack fill statutes to provide manufacturers with additional exemptions to avoid liability. For those who are unfamiliar, slack fill is defined as non-functional… Continue Reading

Revisiting Alvarado: “Work Week v. Pay Period” Question Remains

Posted June 6, 2018

“The California Supreme Court Modifies Its Opinion in Alvarado v. Dart  Container Corporation, 4 Cal.5th 542 (2018) only to leave open the ‘workweek v. pay period’ regular rate calculation question.” Things couldn’t get much worse for employers in the area of calculating the regular rate of pay – a complicated… Continue Reading

Recent Decisions on Statutory Immunities Under the California Tort Claims Act

Posted May 14, 2018

The California Tort Claims Act (“Act”), California Government Code §§ 810, et seq., sets forth the basic principles of public entity tort liability.  Common tort claims against public entities relate to alleged injuries that occur on public property, such as a trip-and-fall on a public sidewalk alleged to be in… Continue Reading

Ninth Circuit Underscores The Importance Of Carefully Crafting Class Action Settlements

Posted March 6, 2018

In Brown v. Cinemark USA, Inc., 876 F.3d 1199 (9th Cir. 2017), the Ninth Circuit considered an issue of first impression: whether it had jurisdiction to consider an appeal of an order denying class certification where the individual plaintiffs seeking to represent the class settled their individual claims. In Brown,… Continue Reading

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