USLAW Member Legal Alerts

Arizona Supreme Court: Home Builder and Buyer Can’t Disclaim Implied Warranties in Favor of Express Warranty

Posted September 28, 2022

Zambrano v. M & RC II LLC, et al.Arizona Supreme Court September 28, 2022JSH Attorney: Eileen GilBride In a lengthy, split opinion, the Arizona Supreme Court held today that a home builder and home buyer cannot agree to disclaim and waive the implied warranty of habitability and replace it with… Continue Reading

Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims

Posted September 28, 2022

Iglesia de Jesuscristo Minesterios v. Brotherhood Mutual Insurance Company Arizona Court of Appeals September 27, 2022 JSH Attorney: Patrick Gorman   The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: what is the standard to state… Continue Reading

Successful Verdict In Eminent Domain Action After Two-Day Jury Trial

Posted September 27, 2022

Michael N. Shannon obtained a substantial verdict for his client in an eminent domain action after a two-day jury trial in September 2022.  Mr. Shannon represented Trinity Assembly of God, a church in west Little Rock, in the matter which stemmed from an Arkansas State Highway Commission project to widen… Continue Reading

Weed And The Workplace: California’s New Law Protecting Employee Cannabis Use

Posted September 26, 2022

Governor Newsom has signed AB 21881 into law that will create anti-discrimination protections for individuals that use cannabis while off duty and away from the workplace, with exceptions for certain industries, such as building, construction and those subject to federal drug testing regulations. Importantly, AB 2188 will not permit employees… Continue Reading

The SEC Adopts Pay-Versus-Performance Disclosure Requirements for Executive Compensation—Do They Relate to You?

Posted September 26, 2022

On August 25, 2022, the U.S. Securities and Exchange Commission (SEC) voted to adopt the “pay-versus-performance” rule, requiring publicly traded companies (except foreign private issuers, registered investment companies, and Emerging Growth Companies) to provide clear disclosure to shareholders on the relationship between companies’ executive compensation and financial performance. The adoption… Continue Reading

CISA is Open for Comments

Posted September 21, 2022

On September 12, 2022, the Cybersecurity and Infrastructure Security Agency (CISA) announced that they have begun the process of soliciting input to draft the regulations required under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).  CIRCIA was passed and signed into law by President Biden earlier this… Continue Reading

CFPB Issues Market Report on Buy Now, Pay Later; Indicates it’s Ready to Regulate

Posted September 21, 2022

On September 15, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued a report offering insights into the burgeoning Buy Now, Pay Later (“BNPL”) industry (the “Report”).The Report follows, and is largely based on, 2021 market monitoring orders the CFPB issues to 5 BNPL providers to provide the CFPB with data… Continue Reading

Jones, Skelton & Hochuli Welcomes Nine Law Clerks

Posted September 20, 2022

Jones, Skelton & Hochuli, PLC is pleased to welcome law clerks Michael Appel, Brendan Hecht, Anthony Julian, Zak Kuchler, Brenden Leader, Andrew Morse, Jocelyn Reyes, Sara Selvaraj, and Phillip Tomas. Michael Appel joins the firm’s Transportation Trial Group. During his time at Arizona State University’s Sandra Day O’Connor College of… Continue Reading

The Growing Pay Transparency Trend and How Employers Should Prepare 

Posted September 20, 2022

The California State Legislature recently passed a Senate Bill 1162, a pay transparency bill intended to narrow the gender pay gap and differences in pay for Black and Latino employees. If the California Governor signs Senate Bill 1162 into law, California employers with 15 or more employees must include the… Continue Reading

JSH Welcomes Associate Attorney Daniel Shudlick to Phoenix Office

Posted September 16, 2022

Jones, Skelton & Hochuli, PLC is pleased to announce that Daniel Shudlick has joined the firm’s Municipal & Employment Trial Group as an associate attorney in Phoenix. At JSH, Daniel will represent government entities and a variety of employment and personnel claims, including wrongful termination, employment discrimination, sexual harassment, wage… Continue Reading

Governor Signs AB 2449: The Latest Development to the Brown Act in a Post-Pandemic World

Posted September 16, 2022

Key Points AB 2449 provides complex and restrictive alternative teleconference procedures: At least a quorum of the members of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local… Continue Reading

EPA PROPOSES NEW RULE TO MAKE PFAS A CERCLA “HAZARDOUS SUBSTANCE”

Posted September 14, 2022

The proposed rule would impose significant liability for any site contaminated by PFAS. If adopted, this rule would have major consequences for manufacturers, brownfield-property owners, solid-waste managers, wastewater utilities, and landfills. The U.S. Environmental Protection Agency (“EPA”) recently initiated the process to designate two per- and poly-fluoroalkyl substances (“PFAS”) as… Continue Reading

Glenn Larkin And Jon Mader Return To QGT Following Clerkships

Posted September 14, 2022

Quattlebaum, Grooms & Tull PLLC is pleased to announce that associates Glenn V. Larkin and E. Jonathan Mader have returned to the firm after completing clerkships with United States District Court judges. Both are located in the firm’s Little Rock office. Mr. Larkin practiced at the firm for a year… Continue Reading

State Water Board Lacks Power to Curtail Pre-1914 Water Rights under Water Code, § 1052(a)

Posted September 14, 2022

Key Points A California Court of Appeal held that the State Water Board lacks authority under Water Code, § 1052(a) to curtail valid pre-1914 appropriative water rights holders from diverting water This decision tracks precedent concerning the Board’s very limited power to regulate pre-1914 water rights But the State Water… Continue Reading

Bidding On Green Energy Construction Projects?  Watch Out For Prevailing Wage and PLA Landmines!

Posted September 13, 2022

Legislation aimed at expanding green energy construction projects is spreading throughout the United States. With it, prevailing wage mandates and project labor agreements tied to such projects are becoming more common. Construction contractors representing various trades and sizes need to be aware of the fine-print when considering bidding on these… Continue Reading

Nebraska Supreme Court: Board of Equalization Does Not Have Authority to Waive a Statutory Filing Deadline

Posted September 12, 2022

Mid America Agricultural Products v. Perkins County Board Of Equalization, 312 Neb. 341 (2022). Nebraska law requires any person challenging a property’s assessment to file a protest with the county Board of Equalization on or before June 30.  Neb. Rev. Stats. § 77-1502(1).[1]  The Nebraska Administrative Code provides that if the… Continue Reading

Amy Lawrenson On Panel At The NSBA Legal Diversity Summit

Posted September 12, 2022

Baird Holm Partner Amy Lawrenson will be a panel member at the Nebraska State Bar Association’s Diversity Section Luncheon on Sept. 15, 2022, to discuss “Promoting Inclusion and Retention through Mentoring.” For more information or to register, please click here. The post Amy Lawrenson On Panel At The NSBA Legal… Continue Reading

Alexander, Mandt Named to USLAW Medical Law Practice Group Leadership

Posted September 8, 2022

Earlier this summer it was announced that Donn C. Alexander of Jones, Skelton & Hochuli, P.L.C. in Arizona and Heidi L. Mandt of Williams Kastner in Oregon were named chair and vice chair, respectively, of the USLAW NETWORK Medical Law Practice Group. The USLAW Medical Law Practice Group is a network of… Continue Reading

Employers Need to Know Gender Dysphoria – Here’s Why

Posted September 8, 2022

Recently, the 4th Circuit U.S. Court of Appeals issued a decision that expanded protections under the Americans with Disabilities Act (ADA) to people with gender dysphoria. While the case at issue was not employment-related, the implications of the decision are significant for all employers because it strengthens support for claims… Continue Reading

QGT Welcomes Taylor Kelley To Firm

Posted September 8, 2022

Quattlebaum, Grooms & Tull PLLC is pleased to announce that Taylor Wilbourn Kelley has joined the law firm as an associate in our Northwest Arkansas office where her practice primarily focuses on corporate transactions, real estate, and mergers and acquisitions.  Ms. Kelley earned her Business Law Certificate and J.D., summa… Continue Reading

Court of Appeal Rules An Elected Sheriff's Personnel Records May Be Discoverable Through A Public Records Act Request

Posted September 1, 2022

On June 29, 2022, the California Court of Appeal, First Appellate District, issued a decision in Essick v. County of Sonoma holding that internal investigation records of an elected sitting Sheriff do not constitute "personnel records" exempt from California Public Records Act (CPRA) requests. Background The CPRA provides a mechanism through… Continue Reading

NLRB Rules that Restricting Pro-Union T-Shirts Violates Labor Law

Posted August 31, 2022

On August 29, 2022, the National Labor Relations Board (NLRB) examined workplace restrictions on the display of union insignia where employers require employees to wear uniforms or designated clothing. In a 3-2 ruling, the NLRB decided that Tesla, Inc. violated labor law by restricting employees from wearing pro-union t-shirts because… Continue Reading

California Supreme Court Allows Challenge to Oakland’s Franchise Fee

Posted August 30, 2022

On August 11, 2022, the California Supreme Court issued its opinion in Zolly v. City of Oakland, holding that a group of property owners had pleaded sufficient facts to maintain a challenge to the City’s solid-waste franchise fee, under Article XIII C of the California Constitution, commonly called “Proposition 26.”… Continue Reading

Brittany Ford Appointed Vice Chair Of YLC DRI For Life (Wellness) Subcommittee

Posted August 26, 2022

Brittany S. Ford was recently appointed a Vice Chair of the Young Lawyers Committee DRI for Life (Wellness) Subcommittee for 2022-2023. The subcommittee focuses on mental and physical wellness throughout the year and will be responsible for planning and coordinating healthy lifestyle and wellness activities during DRI meetings as well… Continue Reading

Molly Mitchell – The Best Lawyers in America® 2023

Posted August 25, 2022

Duke Evett is proud to announce Molly Mitchell has been included in the 2023 Edition of Best Lawyers: Ones to Watch! Congrats, Molly! Continue Reading

Josh Evett- The Best Lawyers in America® 2023

Posted August 25, 2022

Josh Evett has been selected by his peers for recognition of his professional excellence in the 29th edition of The Best Lawyers in America® for his work in: Personal Injury Litigation – Defendants Product Liability Litigation – Defendants Also, due to the extremely high voter feedback received, his peers have… 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

Keely Duke – The Best Lawyers in America® 2023

Posted August 23, 2022

Keely Duke has been selected by her peers for recognition of her professional excellence in the 29th edition of The Best Lawyers in America® for your work in: Litigation – Health Care Medical Malpractice Law – Defendants Personal Injury Litigation – Defendants Professional Malpractice Law – Defendants Also, due to… Continue Reading

The Best Lawyers in America® Showers Duke Evett with Awards!

Posted August 18, 2022

Congratulations to Keely Duke, Josh Evett, and Molly Mitchell! The Best Lawyers in America® conducts an exhaustive peer review process in which lawyers confidentiality evaluate their professional peers to determine whether they should be recognized by Best Lawyers.  The results are in for Duke Evett’s 2023 awards: Keely Duke:  “Lawyer… Continue Reading

24 QGT Attorneys Recognized By 2023 Best Lawyers

Posted August 18, 2022

Quattlebaum, Grooms & Tull PLLC is pleased to announce that 18 lawyers have been included in the 2023 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence, earing the respect of the… Continue Reading

Keely Duke to Serve on the Idaho Judicial Council

Posted August 12, 2022

Duke Evett is excited to announce that Keely Duke has been appointed to serve as one of seven members on the Idaho Judicial Council.  The other members of the Council are the Chief Justice of the Idaho Supreme Court, a district court judge, a northern Idaho attorney, and three non-attorney… Continue Reading

Appellate Court Issues Groundbreaking COVID Insurance Coverage Opinion in Favor of Policyholders

Posted July 18, 2022

In an opinion that is the first of its kind in the California appellate courts, the Second District Court of Appeal, Division 7, has ruled that certain COVID-19-related business losses may be covered by business-interruption insurance (BII) policy provisions.  Marina Pacific Hotels & Suites, LLC v. Fireman’s Fund Ins., No.… Continue Reading

Arbitrator Disclosures: The Effects of Monster Energy

Posted May 20, 2022

When the 9th Circuit issued Monster Energy Company v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019), there was immediate concern over how far the decision would extend and how many cases it would spawn. The decision vacated an arbitral award in favor of Monster Energy. The court found… Continue Reading

Appeals of an Arbitrator’s Determination on Injunctions

Posted March 31, 2022

California Code of Civil Procedure 904.1 is probably not a stranger to appellate lawyers who practice in California, as the statute provides a list of certain types of pre-trial orders from which an appeal may be taken. One of the categories of orders listed is “order[s] granting or dissolving an… Continue Reading

Judicial Review Under the California Arbitration Act

Posted January 1, 2022

Under the California Arbitration Act (“CAA”), an adverse award is subject to judicial review. Any party may petition the superior court to either vacate or correct the award. (Code Civ. Proc. § 1285.) But in most instances, such review is limited by statute, and such petitions face a number of… 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

Budget Trailer Bill 502 would expand DIR fines and agency notice requirements

Posted May 8, 2017

On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially… Continue Reading

New bill would expand design-build authority for local agencies

Posted March 24, 2017

A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies.  If adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the… Continue Reading

Are P3s the answer to our infrastructure needs? NYT article raises concerns.

Posted January 24, 2017

This article by Griff Palmer in the NY Times Business Day section examines three P3 projects in the US, and compares the promises with some of the disappointments.  The article provides a good overview of the significant issues that must be considered in order for a P3 to be successful… Continue Reading

New statute regarding public works claims

Posted January 4, 2017

  A new set of requirements regarding contractor claims submitted on public works projects went in to effect on January 1, 2017.  Public Contract Code section 9204 was adopted pursuant to AB 626, and will require most public agencies to revise their claims procedures. See the link below for a… Continue Reading

The protected bicycle intersection comes to Davis, CA

Posted August 12, 2015

Davis is the first city in California to install a protected bicycle intersection, which many cyclists believe is part of the necessary infrastructure to expand cycling to the general public. This article includes a great video explaining the benefits of the protected intersection. It will be interesting to see how Davis reacts… Continue Reading

UIM Insurer Allowed to Intervene After Initial Denial of Coverage

Posted July 20, 2015

Consumers Insurance Company provided underinsured motorist (“UIM”) coverage to Bradford Charles.  Charles was subsequently injured in a motor vehicle accident with Christina Ranum.  Charles’ attorney subsequently made a UIM claim on the Consumers UIM policy.  Initially, Consumers denied UIM coverage, but subsequently determined that there may be UIM coverage under… Continue Reading

FMCSA Releases Crash Weighting Analysis And Seeks Public Input

Posted January 26, 2015

On January 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced through the Federal Register a study that examined (1) whether Police Accident Reports provide sufficient, consistent, and reliable information to support crash weighting determinations, (2) whether a crash weighting determination process would offer an even stronger predictor of… Continue Reading

New Eavesdropping Restrictions in Illinois

Posted January 6, 2015

On December 30, 2014, Gov. Quinn signed SB 1342 into law as P.A. 98-1142 (720 ILCS 5/14-1 et seq.); the measure puts new eavesdropping restrictions into place after the Illinois Supreme Court threw out the previous eavesdropping law last March. As a result of the March court ruling, all Illinois… Continue Reading

Missouri Court of Appeals Holds that Missouri’s Statutory Caps on Punitive Damages Do Not Apply in Wrongful Death Cases

Posted June 30, 2014

Recently, in Mansfield v. Horner, WD76310, 2014 WL 2724854 (Mo. App. W.D.  June 17, 2014), the Missouri Western District Court of Appeals held that Missouri’s statutory caps on punitive damages do not apply to cases brought pursuant to the Missouri Wrongful Death Act. Under Section 510.265 RSMo, “punitive damages” are… Continue Reading

FMCSA Announces Proposed Rule For Electronic Logging Devices

Posted March 19, 2014

On March 12, 2014, the Federal Motor Carrier Safety Administration (FMCSA) announced its proposed amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) regarding Electronic Logging Devices (ELDs), formally known as Electronic Onboard Recorders (EOBRs). The American Trucking Association has announced its general support for FMCSA’s proposed mandate for the… Continue Reading

Designed & Developed by Peak Seven