The winter 2023 issue of USLAW Magazine is now available for download by clicking here. What’s inside… Continue Reading
USLAW Member Legal Alerts
JSH Welcomes Two New Associates to the Phoenix Office
Jones, Skelton & Hochuli, PLC is pleased to announce the addition of two associate attorneys to our Phoenix office. Evan Russell joins JSH as a new associate in the General Liability Trial Group, where his work consists of representing clients in personal injury and wrongful death, premises liability, and other… Continue Reading
CMS Releases Final Rule Ending COVID-19 Vaccinations and More
On May 11, 2023, the COVID-19 public health emergency (PHE) expired after nearly three and a half years. As anticipated, the Centers for Medicare & Medicaid Services (CMS) released a final rule to effectuate necessary changes to a series of regulatory requirements introduced in response to the PHE. The most… Continue Reading
Supreme Court Allows Company to Sue a Union for Damages Caused by a Work Stoppage
On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take reasonable precautions to protect the employer against foreseeable, aggravated, and… Continue Reading
Duke Evett obtains $107,000.00 fee and cost award…
After a long three year litigation battle Duke Evett succeeded in having a residential real estate case dismissed against its clients and obtained a $107,000.00 fee and cost award. Congrats, Josh Evett and Team! Continue Reading
AP&S Ranked in Chambers and Partners USA 2023
The 2023 Chambers and Partners USA has been released and AP&S, along with eleven of its attorneys, have been ranked in the following practice areas: In depth interviews with both clients and attorneys are conducted by the Directory’s research team in order to achieve the ranking. Litigation: General Commercial Corporate/Commercial Labor &… Continue Reading
Zwilling Presented at National Association of Women in Construction Regional Meeting
Carr Allison shareholder, Melisa Zwilling of our Birmingham (AL) office, recently presented at the National Association of Women in Construction Southeast Regional Meeting. Her presentation, “Medical Marijuana in Alabama, Florida, Georgia and Tennessee”, discussed the status of federal and state marijuana legislation. She also covered several issues employers must consider… Continue Reading
JSH’s Insurance Practice, Donald Myles Repeat Chambers USA “Band 1” Ranking
Jones, Skelton & Hochuli, PLC is pleased to announce that the firm has once again earned a “Band 1” Ranking for Insurance Defense by Chambers USA 2023, one of the most highly regarded annual rankings of law firms and attorneys worldwide. JSH is one of only five Arizona law firms… Continue Reading
“Hostile Work Environment”: Beyond the Buzz Words
It is more and more common for employers to hear employee allegations of a “hostile work environment,” “harassment” or a “toxic workplace.” In some instances current or former employees are using those terms as a defense mechanism when their performance is being criticized or they are facing discipline or discharge.… Continue Reading
Baird Holm Partner Amy Erlbacher-Anderson authors The Nebraska Lawyer article “Immigration 101”
Baird Holm Partner Amy Erlbacher-Anderson authored the article “Immigration 101” for the May/June 2023 issue of The Nebraska Lawyer. Learn about the different types of immigrant visas and creative ways Amy is helping employers hire the people they need to operate their businesses here. The post Baird Holm Partner Amy… Continue Reading
U.S. SUPREME COURT LIMITS FEDERAL AUTHORITY OVER WETLANDS
In Sackett v. Environmental Protection Agency, the Court held that wetlands may only qualify as “waters of the United States” if they have a continuous surface connection to a traditionally navigable water body. The Clean Water Act, 33 U.S.C. § 1251 et seq., is the primary federal statute regulating water… Continue Reading
Baird Holm Achieves Midsize Mansfield Certification Plus
Last week, Diversity Lab announced that Baird Holm has achieved Midsize Mansfield Certification. This certification was awarded to firms with 25 to 150 lawyers who completed a rigorous 18-month collaboration with Diversity Lab – from September 2021 to March 2023 – to track, measure, and achieve diversity in leadership. The… Continue Reading
United States Supreme Court Holds That Pure Legal Issues Do Not Need To Be Renewed In Post-Trial Motion To Preserve Argument On Appeal
Dupree v. YoungerUnited States Supreme Court May 31, 2023 JSH Attorneys: Justin Ackerman & Ashley Caballero-Daltrey Last week, the United States Supreme Court held that pure legal issues do not need to be renewed in a post-trial motion to preserve the argument on appeal. It contrasted legal issues with factual issues,… Continue Reading
CJEU: Finally a decision on the maximum transfer duration?
The post CJEU: Finally a decision on the maximum transfer duration? appeared first on BUSE. Continue Reading
Florida Mandates E-Verify for Private Employers
Florida recently enacted significant legislation relating to employee immigration verification. Senate Bill 1718 (the “Bill”), which Gov. Ron DeSantis signed into law on May 10, 2023, makes using E-Verify mandatory for any private employer with 25 or more employees, imposes penalties for those employing undocumented individuals, and enhances penalties for… Continue Reading
AP&S Attorneys Receive RI Monthly’s Professional Excellence in the Law Award
Rhode Island Monthly is proud to showcase their fifth annual Professional Excellence in the Law awards. These professionals are chosen on several criteria ranging from peer reviews, feedback from professionals in related fields, professional standing, and other data collected by a third-party survey and data company. Nicole Benjamin Appellate Law Richard… Continue Reading
Sausaman and Thornton Published in USLAW Magazine
Carr Allison attorneys Alison Sausaman and Tommy Thornton have recently been published in the 2023 Spring Issue of USLAW Magazine. Their article “Defense Weapons in a Nuclear World” discusses potential strategies to use when defending against “nuclear” verdicts and settlements. To read the full article, click here! The post Sausaman… Continue Reading
QGT Welcomes Rachel Sullivant
QGT is pleased to welcome Rachel A. Sullivant as an associate in our Northwest Arkansas office, where her practice will primarily focus on corporate transactions. Ms. Sullivant earned her J. D., summa cum laude, from the University of Arkansas School of Law, where she was a member of the Business… Continue Reading
Conducting the Internal DEI Audit and Avoiding the “And No Good Deed Goes Unpunished”
While incorporating diversity, equity and inclusion (DEI) into the corporate culture is not something that is new, it is something that has become increasingly important and complex. Activist consumers are leveraging their purchasing power, public and private contractors are requiring DEI efforts, and an increasing amount of legislation is being promulgated… Continue Reading
Bishop, Beaulieu Join JSH New Mexico Office
Jones, Skelton & Hochuli, PLC is pleased to announce the addition of two attorneys to our New Mexico office. Paul Bishop joins JSH as a lateral partner with 18 years of prior litigation defense experience. Paul represents numerous electric utilities in electrical contact, stray voltage and fire cases. In addition,… Continue Reading
The I-Do’s and I-Don’ts of Risk Limitation for Wedding Venues
Authors: Erica Spurlock and Michael Halvorson Published by: USLAW Magazine Spring 2023 Grandma Ginger tripping on the slightly elevated dance floor; DJ Denny’s disco lamp falling onto Aunt Linda; the bridal party’s bus rear-ending the cake delivery van – some liability risks associated with hosting a wedding or other special… Continue Reading
Taylor Brewer Serves at Keynote Speaker on Pro Bono Service
MRC partner Taylor Brewer served as the keynote speaker on the topic “Pro Bono Service and the Legal Community” at the University of Richmond School of Law Harry L. Carrico Center Pro Bono Certificate and Recognition Ceremony earlier this month. Click here to read to read about the more than… Continue Reading
P.S. All Employers – Chicago’s Harassment Prevention Training Requirements Apply to You If You Have Any Employees Working in Chicago
The Chicago Human Rights Ordinance makes it a civil rights violation “[f]or any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” Municipal Code of Chicago, 6-010-040. As we previously discussed in a blog, last year, Chicago’s City Council amended the Chicago Human… Continue Reading
Artificial Intelligence Developments in Patent Law
Artificial intelligence (“AI”) remains a developing field in intellectual property and recently, on April 24, 2023, the Supreme Court denied certiorari in the case brought by Dr. Stephen Thaler, Thaler v. Vidal. Dr. Thaler, a computer scientist who in his 2019 patent application, named his AI model Device for Autonomous… Continue Reading
Minority protection: Protecting minority shareholders in the GmbH.
The post Minority protection: Protecting minority shareholders in the GmbH. appeared first on BUSE. Continue Reading
Eight MRC Attorneys Recognized by Virginia Super Lawyers and Virginia Rising Stars for 2023
Martin A. Conn and C. Dewayne Lonas are recognized by Virginia Super Lawyers for Personal Injury Products – Defense. Laura May Hooe has moved from a Rising Star to Super Lawyer for her work in Personal Injury Medical Malpractice – Defense. Eric G. Reeves is listed for Civil Litigation –… Continue Reading
Driver and Zwilling Obtain Summary Judgment
Carr Allison shareholders Joe Driver and Melisa Zwilling of our Birmingham (AL) office recently obtained summary judgment in federal court on behalf of a national client. The plaintiff had alleged that his employer violated the Family and Medical Leave Act (FMLA) and Families First Coronavirus Relief Act (FFCRA). The court… Continue Reading
Cyber attack liability in the event of data breaches.
The post Cyber attack liability in the event of data breaches. appeared first on BUSE. Continue Reading
AP&S Welcomes Damaris Hernandez
Damaris Hernandez is a member of the firm’s litigation group. Her practice includes defending both individuals and business in a wide variety of matters including employment discrimination, insurance disputes, and complex commercial litigation. Damaris has also assisted in personal injury cases and defending professional negligence wrongful death actions. Before joining… Continue Reading
The Future of Telehealth – Part 2
This article is the second in a series by Lashly & Baer attorneys Scott A. Pummell and Riley J. Brown addressing various changes coming to the regulation of and access to telehealth services. In fact, the legal and regulatory boundaries of telehealth and remote medicine changed almost overnight as the… Continue Reading
Robert Brooks Presents on Tip-Pooling for RI Hospitality Association
In Bob’s presentation, “Tip Pooling- What You Need to Know,” he will be discussing the responsibility that food and service operations have in making sure that tipping is done correctly and lawfully. This event will take place on Monday, May 15th from 1:00pm – 2:30pm at the Raddison Hotel, Warwick.… Continue Reading
New Podcast Episode – Changing Residency and Domicile
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, Kristin and Kathryn discuss best practices for establishing domicile in a tax-friendly state. The post New Podcast Episode – Changing Residency and Domicile… Continue Reading
Managing Partner or Director: Social insurance, yes or no?
The post Managing Partner or Director: Social insurance, yes or no? appeared first on BUSE. Continue Reading
New work: Sabbatical as an opportunity for further education, regeneration or travel.
The post New work: Sabbatical as an opportunity for further education, regeneration or travel. appeared first on BUSE. Continue Reading
Kathleen McCauley has Joined the International Academy of Trial Lawyers
Kathleen McCauley has become a member of the International Academy of Trial Lawyers (IATL). The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States in addition to Fellows from nearly 40 countries across the globe. IATL seeks out, identifies, acknowledges, and honors those who have… Continue Reading
Josh Evett on the Victory Podium…Again!
Ada County Court Dismisses Real Estate Case After two years of litigation representing a property seller over alleged defects in the roof and HVAC system of a large Boise luxury home, Duke Evett persuaded an Ada County district judge to dismiss the case in its entirety. The district court also… Continue Reading
Josh Evett + Duke Evett Team Win Real Estate Case!
Josh Evett and the Duke Evett attorneys pulled off a last-minute victory 10 days before trial in a real estate non-disclosure case where the plaintiff sued our clients for $300,000.00. Plaintiff sued our real estate clients over a lower end home he visited that had obvious repair issues, such as… Continue Reading
USLAW NETWORK, Inc. Spring Conference 2023
Our Duke Evett team had a fantastic time at the USLAW NETWORK, Inc. Spring Conference 2023 at the Fontainebleau Miami Beach. The event had over 500 attendees. Keely Duke participated as a Plaintiff for the Courtroom Academy, and everyone had a great time connecting with colleagues and clients. One of… Continue Reading
Giving Back!
Giving back and mentoring are important to Duke Evett. Keely Duke recently participated in two teaching opportunities for newer attorneys, one in Boise, Idaho and one in Miami Beach, Florida. For the Idaho Trial Skills Academy, Keely presented voir dire with Nicole Hancock of Stoel Rives to show attorneys who… Continue Reading
Hoffman Featured on Panel Discussion at Barry University Law School
Carr Allison shareholder Jennifer Hoffman of our Orlando (FL) office will be featured on a panel discussion at Barry University Law School (FL) on April 12. This panel discussion is held by the Career Service Office and is designed to explore the various areas and topics in law. Jennifer and… Continue Reading
The Future of Telehealth – Part 1
This article is the first of a series by Lashly & Baer attorneys Scott A. Pummell and Riley J. Brown addressing various changes coming to the regulation of and access to telehealth services. In fact, the legal and regulatory boundaries of telehealth and remote medicine changed almost overnight as the… Continue Reading
Stokes and Palmer Speak at Cumberland School of Law
Carr Allison attorneys Hannah Stokes and Steve Palmer of our Birmingham (AL) office, recently spoke to law students at Cumberland School of Law at Samford University (AL). The Alabama Defense Lawyers Association (ADLA) sponsored the “Lunch and Learn” event with the law school’s defense lawyers student association. Topics included summer… Continue Reading
QGT Chosen As Arkansas Firm Of The Year By Benchmark Litigation
Quattlebaum, Grooms & Tull PLLC was named Arkansas Firm of the Year by Benchmark Litigation at the annual Benchmark USA Awards held March 15, 2023, marking the tenth time the firm has received this distinction. A full list of the winners can be found here. The award selection is based upon… Continue Reading
It’s Always Sunny in Delaware: 1031 Exchanges and the Benefits of DSTs
by Paul Johnson, Esq. The finance, commercial real estate, and business transactions team at Moran Reeves Conn routinely advises investors regarding the ins and outs of 1031 exchanges. We also specialize in representing issuers in securities offerings involving Delaware statutory trusts (“DSTs”). The unique intersection of these practices often sparks… Continue Reading
Lashly & Baer, P.C. Expands and Adds Family Law Practice
St. Louis, Missouri (March 6, 2023) – Lashly & Baer, P.C. announces the expansion of its service areas by adding two experienced Family Law attorneys. Deborah C.M. Henry and Katherine (Kate) E. Henry have joined the Firm and will bring a wealth of experience in handling family law issues.“We are… Continue Reading
Responding to UPIC Audits
Lashly & Baer, P.C. attorney Michael R. Barth provides an overview of the United Program Integrity Contractor (UPIC) audit response process. There are five separate geographic jurisdictions for UPICs, and CoventBridge is the Midwestern UPIC that includes both Missouri and Illinois. UPICs such as CoventBridge are private contractors monitoring both… Continue Reading
Attorney Stuart Vogelsmeier Interviewed About Ban on Non-Compete Agreements
Lashly & Baer attorney, Stuart J. Vogelsmeier, was interviewed about the potential impact for healthcare providers if the FTC’s proposed regulation would ban non-compete agreements. Here is the link to the podcast that was broadcast by Gist Healthcare on February 27, 2023.How the FTC’s Proposed Ban on Non-Compete Agreements Could… Continue Reading
Steve Quattlebaum Sworn In As ABOTA National President
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
New Faces of Justice: 2022 California Appellate Appointments
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
Michael Crosby Joins CREC Metro Little Rock Board
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
Firm’s Products Liability and Toxic Torts Practice Recognized by Chambers
MRC’s products liability and toxic torts practice has earned a Band 2 ranking by Chambers and Partners. For over 30 years, Chambers has been an international leader in law firm rankings and insights. More than 200 Chambers researchers conduct over 220,000 interviews and surveys annually, upholding the highest standards of… Continue Reading
QGT Welcomes Aaron Cochran To Firm
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
Appellate Oral Argument: The Ultimate Misnomer?
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
IRS Guidance on New Research & Experimental Cost Capitalization: At What Expense?
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
Worth the Wait? CalPERS Regulation Will Define "Limited Duration" for Rehired Retirees
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
Pay-to-Play Restrictions Expanded in 2023
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
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
Pandemic-Era Extensions for Presenting Government Claims to Public Entity Defendants Expired on October 27, 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
Judicial Notice on Appeal (Part Two): Discretionary Subject Matter
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
How and When to Ask a Court to Overturn Intermediate Appellate Precedents
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
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
Thirteen CCTB Attorneys Recognized in The Best Lawyers in America 2023
Copeland, Cook, Taylor & Bush is pleased to announce that the following attorneys have been recognized in The Best Lawyers in America© 2023: Glen Bush (Energy Law | Oil and Gas Law)Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law)John MacNeill (Litigation – Insurance | Personal Injury Litigation –… Continue Reading
CCTB Guides Tenrgys and Affiliates to Successful Chapter 11 Exit
Copeland, Cook, Taylor & Bush attorneys have advised Tenrgys, LLC and thirty-three of its affiliates in their successful financial restructuring after the Ridgeland, Mississippi based oil-and-gas producer filed for chapter 11 protection in the United States Bankruptcy Court for the Southern District of Mississippi in September 2021. The companies officially… Continue Reading
Twelve CCTB Attorneys Recognized in The Best Lawyers in America 2022
Copeland, Cook, Taylor & Bush is pleased to announce that the following attorneys have been recognized in The Best Lawyers in America© 2022: Glen Bush (Energy Law | Oil and Gas Law)Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law)John MacNeill (Litigation – Insurance | Personal Injury Litigation –… Continue Reading
Privacy Rights and Public Perception – What Didn’t Change in COVID
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
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
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
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
Ten Copeland Cook Attorneys Recognized by “Super Lawyers” 2020
Four attorneys from Copeland, Cook, Taylor & Bush have been recognized by Super Lawyers in its 2020 listing. Greg Copeland Jim Moore Ryan Perkins Bill Whitfield Each year, no more than 5% of the lawyers in each state are selected by the research team at Super Lawyers to receive this… Continue Reading
Twelve CCTB Attorneys Recognized in The Best Lawyers in America 2021
Copeland, Cook, Taylor & Bush is pleased to announce that the following attorneys have been recognized in The Best Lawyers in America© 2021: Glen Bush (Energy Law | Oil and Gas Law)Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law)John MacNeill (Litigation – Insurance | Personal Injury Litigation –… Continue Reading
Remote Identification: The FAA Proposed Rule and Privacy
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
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
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
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
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”
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?
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
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
“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
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
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