USLAW Member Legal Alerts

Pregnant Workers Fairness Act: Top 5 Takeaways from the EEOC’s Final Regulations

Posted April 19, 2024

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) published the final rule and interpretive guidance for implementation of the Pregnant Workers Fairness Act (PWFA). The final rule becomes effective June 18, 2024. Continue Reading

Successful Appeal In Licensing Matter

Posted April 19, 2024

Joseph R. Falasco represented Storm Nolan and River Valley Production, LLC, on appeal after the Pulaski County Circuit Court entered a summary judgment that effectively stripped Nolan and River Valley of a license granted to them by the State of Arkansas.  On appeal, the Arkansas Supreme Court ruled that the… Continue Reading

U.S. Supreme Court Holds that All Impact Fees are Subject to a Constitutional Takings Analysis

Posted April 19, 2024

Plaintiff applied to El Dorado County, California, for a building permit to build a residence on his property.  El Dorado County granted the building permit on the condition that Sheetz pay a $23,420 impact fee pursuant to the county’s traffic mitigation program as set forth in its General Plan.  The… Continue Reading

EEO-1 Update

Posted April 19, 2024

The Equal Employment Opportunity Commission’s (“EEOC”) 2023 EEO-1 Component 1 Data Collection will open on April 30, 2024. The deadline for submitting the EEO-1 is June 4, 2024.  As a quick refresher, the EEO-1 survey must be filed annually by private employers with 100 or more employees, and by federal… Continue Reading

IRS Announces Additional Delay of “10-Year Rule” Compliance for RMDs

Posted April 19, 2024

On April 16, 2024, the IRS published Notice 2024-35, which provided welcome relief (again) from required minimum distribution (“RMD”) compliance for post-death distributions under the 10-year rule for 2024.  Required minimum distributions are amounts retirement plan participants (and individual retirement account (IRA) owners) must withdraw once they (a) retire, or… Continue Reading

The EEOC Announces Final Rule to Implement the Pregnant Workers Fairness Act

Posted April 19, 2024

On April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”) which will be published on April 19, 2024, and become effective on June 18, 2024. Recall that the PWFA was signed into law in 2023 and requires a… Continue Reading

Zwilling Presents Webinar on How to Not Get Sued for Discrimination or Harassment

Posted April 18, 2024

No employer wants to be sued, but employment-related lawsuits are on the rise and jury verdicts in employment cases are out of control.  There are steps every employer can take to greatly reduce the likelihood of being sued for discrimination or harassment. In the event a lawsuit is filed, those… Continue Reading

Lashly & Baer Ranked 11th on Corporate Philanthropy List

Posted April 18, 2024

April 11, 2024 – We are proud to announce that the St. Louis Business Journal has ranked Lashly & Baer 11th on their St. Louis’ Largest Corporate Philanthropists List – Small Companies. In 2023 we donated a combined total of cash and in-kind donations totaling $143, 594. “Lashly has a… Continue Reading

Falyn Traina Authors Note for UA Little Rock Law Review

Posted April 16, 2024

“Arkansas’s Unconstitutional Attack on Transgender Children and the Rights of their Parents,” authored by Falyn E. Traina, was published in the Spring 2024 edition of the University of Arkansas at Little Rock Law Review. Falyn’s Note argues that Arkansas Save Adolescents from Experimentation (SAFE) Act, No. 626 violates the Equal… Continue Reading

Arkansas’s Unconstitutional Attack On Transgender Children And The Rights Of Their Parents

Posted April 16, 2024

Spring 2024 By Falyn E. Traina | In being asked why the state of Arkansas would step in and override parents, physicians, psychiatrists, and endocrinologists who have developed guidelines for the protocols for treating gender dysphoria, Attorney General Leslie Rutledge replies that “for every single one of them, there is… Continue Reading

Ross Selected for Membership in the ACTA

Posted April 16, 2024

Carr Allison Shareholder Brett Ross has been selected for membership in the American College of Transportation Attorneys (ACTA). A nationally known attorney, Brett has practiced in the transportation arena for 29 years. ACTA is a select group of 32 transportation defense lawyers from across the United States that serves as… Continue Reading

Arizona House Bill 2461 Establishes Standard of Care for Safety Equipment on Leased Vehicles in Civil Litigation

Posted April 16, 2024

April 16, 2024 JSH Attorney:  Erica Spurlock Arizona Governor Hobbs signed House Bill 2461 into law on April 10, 2024, establishing a standard of care for safety equipment on leased vehicles in civil litigation. Specifically, the bill mandates that there be no obligation or duty of care for an owner,… Continue Reading

E-mail containing personal information: encryption necessary?!

Posted April 16, 2024

The post E-mail containing personal information: encryption necessary?! appeared first on BUSE. Continue Reading

Court of Appeals Rules Premises Owner Has No Duty to Business Guest Unless Dangerous, Non-Obvious Condition Exists

Posted April 15, 2024

Perez v. Circle KArizona Court of Appeals April 15, 2024 JSH Attorneys:  Arcangelo S. Cella  & Justin Ackerman Arizona courts have long held that the issue of duty in negligence cases, including those involving the liability of a business owner to customers, is an issue of law for the judge… Continue Reading

Pay To Play: The Effect Of The Brine Conservation Act’s Statutory “In-Lieu” Royalty Provision On The Long-Term Economic Viability of Arkansas’s Brine-Lithium Industry

Posted April 15, 2024

Summer 2024 By Tyler C. Gillespie | In her remarks delivered at the 2023 Energy Council Meeting held on September 15, 2023, Arkansas Governor Sarah Huckabee Sanders claimed that “Arkansas is moving at breakneck speed to become the lithium capital of America.”  While the Governor’s claim may sound bold and… Continue Reading

David Gardner And Tyler Gillespie Published In UA Little Rock Law Review

Posted April 15, 2024

David A. Gardner and Tyler C. Gillespie have authored articles appearing in the Summer 2024 edition of the University of Arkansas at Little Rock Law Review. David’s article, “An Introduction to Digital Assets and a Summary of the 2022 Amendments to the Uniform Commercial Code,” argues that Arkansas should adopt… Continue Reading

EPA Sets PFAS Limits On Public Water Systems

Posted April 12, 2024

The final rule will require many public water systems to test for and treat certain PFAS in their drinking water supplies. On April 8, 2024, the U.S. Environmental Protection Agency (“EPA”) announced limits on six per- and poly-fluoroalkyl substances (“PFAS”) in public water systems.   PFAS are a class of synthetic,… Continue Reading

Kevin L. Fritz Receives Panel Counsel of the Year Award!

Posted April 12, 2024

On Wednesday, April 10, 2024, Lashly & Baer attorney Kevin L. Fritz was presented with the Panel Counsel of the Year award from National Interstate Insurance Company and Vanliner Insurance Company. This award is presented to a lawyer who shows excellence in legal results and client service. We are proud… Continue Reading

Southwest Super Lawyers Honors 24 JSH Attorneys

Posted April 11, 2024

Jones, Skelton & Hochuli is pleased to announce that 10 of the firm’s lawyers have been selected to the 2024 edition of Southwest Super Lawyers, and 14 have been recognized on the Rising Stars list. The selected attorneys and their practice areas are: 2024 Super Lawyers: Eileen GilBride: Appellate Justin… Continue Reading

Save the Date! Pay Transparency Are Here to Stay – Are You Compliant? – Webcast on April 24

Posted April 11, 2024

Join Julie Proscia and Sara Zorich on April 24 at 10 AM as they discuss the trends of these new pay transparency laws. Continue Reading

Data protection in the People’s Republic of China.

Posted April 9, 2024

The post Data protection in the People’s Republic of China. appeared first on BUSE. Continue Reading

The ADA Goes Digital: Accessibility Risk Analysis for Websites and Apps

Posted April 8, 2024

Authors: Erica Spurlock and Michael Combrink Published by: USLAW Magazine Spring 2024 The Americans with Disabilities Act (ADA) was signed into law nearly 35 years ago. However, in the intervening decades and particularly in the aftermath of the 2020 COVID-19 Pandemic, our economy has moved rapidly away from brick and… Continue Reading

Partner Blake DeLong Obtains Favorable Jury Verdict

Posted April 8, 2024

The case arose from a two-vehicle rear-end auto accident.  Mr. DeLong’s client admitted fault, but disputed Plaintiff’s claims of injury causation and damages. Plaintiff, a 25 year-old woman, alleged traumatic injuries to three levels of her spine.  The Defense argued that extent of injury was minor muscular strain.  Plaintiff incurred… Continue Reading

The US Department of Labor Significantly Expands Employee Rights to Designate Third-Party Representatives During OSHA Workplace Safety Inspections

Posted April 4, 2024

In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA workplace safety inspections --- even union reps and community organizers. This rule goes into effect on May… Continue Reading

No rating without a name?

Posted April 2, 2024

The post No rating without a name? appeared first on BUSE. Continue Reading

Green Growth and Labor Harmony: Navigating Labor Peace Agreements in the Booming Cannabis Industry

Posted April 2, 2024

As legalization of cannabis has spread, profits have grown in the 25 states that allow for the retail sale of cannabis for recreational use, and labor unions have found great opportunity for getting a lift from the cannabis industry -- no pun intended.  Eight of those 25 states have passed… Continue Reading

AP&S Welcomes Connor J. Mills

Posted April 1, 2024

Connor J. Mills has joined the firm’s litigation group where he will assist clients on a wide range of civil matters. Before joining AP&S, Connor worked for civil litigation firms in the region where he focused on matters pertaining to insurance defense and commercial litigation.  After graduating from law school,… Continue Reading

Dan Holmander Presents Webinar for SCORE Rhode Island

Posted March 27, 2024

Dan will be speaking at SCORE Rhode Island’s live online event “Intellectual Property: It’s More Than Patents” on April 16, 2024 at noon EDT. This webinar explores identifying, monetizing, and protecting your businesses’ intellectual property and avoiding violating IP rights of other businesses. Click here to register. The post Dan… Continue Reading

Is the gender asterisk discriminatory?!

Posted March 26, 2024

The post Is the gender asterisk discriminatory?! appeared first on BUSE. Continue Reading

Oliver, Vann and Team Obtain Favorable Verdict

Posted March 25, 2024

Carr Allison shareholders Tom Oliver and Dennis Vann successfully defended a hazmat motor carrier in a week-long trial in Birmingham (AL). The case was brought following an incident in 2019 that alleged the motor carrier unloaded a chemical into the wrong tank creating a hazardous gas cloud affecting numerous employees… Continue Reading

Christopher Meredith and Ian Austin Recover $1.4 Million for CCTB Client

Posted March 22, 2024

Shareholders Christopher Meredith and Ian Austin recently recovered more than $1.4 million, which included all principal and interest under a loan that CCTB client Sumrall Capital, LLC had made in 2010. The United States District Court for the Southern District of Mississippi granted summary judgment for Sumrall Capital on its… Continue Reading

NLRB’s 2023 “Joint Employment” Rule OVERTURNED by Federal District Court

Posted March 21, 2024

The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly liable and responsible under the National Labor Relations Act (NLRA) for another company’s unfair labor practices… Continue Reading

Zwilling to Present Webinar on Simplifying Compliance with the MSPA in Liability Cases

Posted March 21, 2024

Determining the steps to take in liability cases to ensure compliance with the Medicare Secondary Payer Act can be very confusing. Dealing with delays, miscommunications, fluctuating claim amounts and difficult plaintiffs or opposing counsel often results in frustration. This webinar will include a discussion of the law, including some very… Continue Reading

Certificate of incapacity for work and the Incapacity for Work Directive.

Posted March 19, 2024

The post Certificate of incapacity for work and the Incapacity for Work Directive. appeared first on BUSE. Continue Reading

Zwilling Explains the DOL’s New Independent Contractor Rule

Posted March 18, 2024

The DOL’s New Independent Contractor rule for classifying whether someone is an employee, or an independent contractor took effect March 11, 2024. Melisa Zwiling explains this new rule so you don’t find yourself in legal trouble. Watch this prerecorded video on the PLUS Blog to learn how to comply with… Continue Reading

CMS Issues Clarity For Texting Patient Information and Orders for Hospitals and CAHs

Posted March 12, 2024

By: Stuart J. VogelsmeierSummary: The Center for Medicare and Medicaid Services (“CMS”) recently issued guidance for Hospitals and Critical Access Hospitals (“CAHs”) on texting patient information among care team members. CMS Memorandum QSO-24-05-Hospital/CAH reached the conclusion that “Texting patient information and the texting of patient orders among members of the… Continue Reading

No More Mileage Radius?

Posted March 12, 2024

Proposed Revisions to Missouri Collaborative Practice Agreements with Nurse Practitioners On February 23, 2024, the Missouri State Board of Registration for the Healing Arts and Missouri State Board of Nursing announced proposed revisions to the collaborative practice rules between physicians and nurse practitioners. The proposed rule will be officially published… Continue Reading

AP&S Welcomes Brian M. Gibbons

Posted March 11, 2024

Brian has joined the litigation group in our Boston office. Brian’s practice includes representing businesses and insurers in insurance coverage, product liability, toxic tort, and professional liability claims. His experience includes defending attorneys, architects, engineers, accountants, and other professionals in professional liability matters. He assists clients in resolving claims at… Continue Reading

JD Supra 2024 Readers’ Choice Awards Recognizes AP&S Authors and Article

Posted March 6, 2024

Kristin Matsko, Kathryn Windsor and David Riedel were once again recognized as JD Supra Top Authors, selected from a pool of approximately 70,000 who published on the platform throughout 2023. Also recognized as one of the Top Read Articles in 2023 was Jacqueline Crockwell’s article Asbestos Litigation – The New… Continue Reading

Post-Trial Motions and Time to Appeal

Posted February 29, 2024

If you’ve ever sought the advice of an appellate attorney, or have any experience with appellate law, you probably already know that timely filing of the notice of appeal is critical. In a civil appeal, allowances for a tardy notice are limited to public emergencies, such as earthquake, fire, or… Continue Reading

AP&S Serves as Exclusive Sponsor to Largest Intercollegiate Mock Trial Regional Tournament in United States

Posted February 27, 2024

AP&S is proud to have served as the exclusive sponsor the American Mock Trial Association’s (“AMTA”) Fifth Annual Providence Regional Tournament, hosted by Brown University on February 17-18, 2024.  With nearly 300 undergraduate students representing 17 schools across the New England and Mid-Atlantic regions, the tournament was the largest AMTA… Continue Reading

MRC Attorneys Kathleen M. McCauley and Taylor D. Brewer Honored by Virginia Lawyers Weekly

Posted February 27, 2024

Kathleen M. McCauley and Taylor D. Brewer were honored this evening at an awards ceremony hosted by Virginia Lawyers Weekly. Taylor was included in the 2024 class of VLW’s Influential Women of Law. The award honors women attorneys and judges for their excellent work on behalf of the justice system… Continue Reading

Eric Toney Presents to USLAW NETWORK

Posted February 6, 2024

Eric Toney, a shareholder in our Ridgeland office, recently presented at the USLAW NETWORK Transportation and Logistics Exchange held in New Orleans, LA. Eric’s presentation focused on setting the stage for successful mediations involving transportation claims. The post Eric Toney Presents to USLAW NETWORK appeared first on Copeland Cook Taylor… Continue Reading

Governor Little Appoints Keely Duke to Idaho Judicial Council

Posted February 2, 2024

Duke Evett is pleased to announce that Governor Brad Little has appointed Keely Duke to the Idaho Judicial Council. The Idaho Judicial Council is empowered by statute to nominate to the Governor persons for appointments to vacancies in the Supreme Court, Court of Appeals, and district courts. It may make… Continue Reading

Welcome, Katie S. Fortuna!

Posted January 22, 2024

Duke Evett is pleased to announce Katie S. Fortuna will join the firm on January 29, 2024. Welcome, Katie! Continue Reading

Matthew Hundley Earns LL.M in Litigation Management

Posted January 18, 2024

MRC partner Matthew (Matt) Hundley recently graduated from Baylor University School of Law with an LL.M in Litigation Management. The executive program is designed exclusively for lawyers who aspire to direct effective litigation strategy, control electronic discovery, leverage technology, manage a team, and lead their company or firm’s efforts to address a challenging… Continue Reading

Congratulations, Duke Evett. Well done.

Posted January 8, 2024

• Tier 1 in Medical Malpractice Law – Defendants • Tier 1 in Personal Injury Litigation – Defendants • Tier 1 in Product Liability Litigation – Defendants • Tier 2 in Professional Malpractice Law – Defendants Continue Reading

Emily J. Mulcahy Joins Duke Evett

Posted January 8, 2024

Duke Evett is pleased to announce Emily J. Mulcahy has joined the firm as a paralegal. Emily is an outstanding paralegal and is a fabulous addition to our team. Emily can be reached at Welcome, Emily! Continue Reading

Stewart Pollock Promoted to Partner

Posted January 2, 2024

We are pleased to announce the promotion of of Stewart R. Pollock to partner. Stewart spearheaded the formation of the MRC Cannabis and Hemp Practice and represents clients in cases involving personal injury, product defects, premises liability, construction litigation, and trade secret misappropriation. He has been successful with high-stakes complex… Continue Reading

Welcome, Kyle B. Mandeville!

Posted January 1, 2024

Duke Evett is pleased to announce Kyle B. Mandeville will join the firm on January 2, 2024. Kyle graduated Magna Cum Laude from Texas Tech University School of Law in 2008 and joined the Dallas firm of Passman & Jones. His practice focused on business litigation and bankruptcy litigation and… Continue Reading

MRC Participates in Jammie Drive for Children’s Hospital

Posted December 20, 2023

MRC professionals participated in the 2023 Jammie Drive benefitting Children’s Hospital of Richmond at Virginia Commonwealth University. The firm surpassed its goal, donating 60 sets of pajamas to help comfort young patients at the hospital. The post MRC Participates in Jammie Drive for Children’s Hospital appeared first on Moran Reeves… Continue Reading

Taylor Brewer Named “Go to Lawyer” in Medical Malpractice

Posted December 15, 2023

MRC partner Taylor D. Brewer has been selected by Virginia Lawyers Weekly as a 2023 Go to Lawyer in Medical Malpractice. Taylor represents a range of medical professionals including correctional healthcare providers. View Taylor’s profile and view the other attorneys chosen for 2023 here. The post Taylor Brewer Named “Go… Continue Reading

Super Lawyers Recognizes Seven CCTB Attorneys

Posted November 29, 2023

Copeland, Cook, Taylor & Bush, P.A. proudly announces that Greg Copeland, Ryan Perkins, and Jason Bush have been honored as 2023 Mid-South Super Lawyers, while Ian Austin, Landon Kidd, Kyle Ketchings, and Ken Davis have been recognized as 2023 Mid-South Rising Stars by Super Lawyers magazine, which also named Ryan… Continue Reading

2024 “Best Law Firms” Ranks CCTB in 14 Practice Areas

Posted November 2, 2023

Best Lawyers has released its fourteenth annual list of “Best Law Firms,” which ranks Copeland, Cook, Taylor & Bush, P.A. among the “Best Law Firms” in nearly every area of the firm’s practice. “These rankings – our first independently published rankings and 14th edition – serve as a true North… Continue Reading

Thank You For Being A Friend

Posted October 17, 2023

A reflection on the changes to the rules governing the filing of amicus curiae briefs in the United States Supreme Court. Each new year typically comes with slight changes to the rules of appellate procedure, and 2023 was no exception. This year, the Supreme Court rolled out new rules for… Continue Reading

Kevin Fritz Receives the 2023 USLAW NETWORK O’Hagan Award

Posted October 12, 2023

Lashly & Baer is proud of our attorney Kevin Fritz for receiving the 2023 USLAW NETWORK O’Hagan Award for his dedicated commitment to the USLAW NETWORK, Inc. organization. Kevin actively networks with other legal professionals from around the country to share the latest information in the transportation industry. He regularly… Continue Reading

Fourteen CCTB Attorneys Recognized in The Best Lawyers in America 2024; Jim Moore Named “Lawyer of the Year”

Posted August 18, 2023

Copeland, Cook, Taylor & Bush is pleased to announce that the following attorneys have been recognized in The Best Lawyers in America© 2024: Glen Bush (Energy Law | Oil and Gas Law) Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law) John MacNeill (Litigation – Insurance | Personal Injury… Continue Reading

Appeals from Summary Judgment Denial

Posted August 15, 2023

Federal appellate practitioners are readily familiar with the principle that a district court’s order denying summary judgment is generally not immediately appealable. Instead, an appeal regarding the summary judgment denial must wait until a final judgment has been rendered.  This most often occurs after trial. But if the parties proceed… 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

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

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

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

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

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

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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