Contributed by Heather Bailey, November 30, 2021 With the help of the US Department of Labor (DOL), the Biden Administration made good on its promise to increase the minimum wage for workers who work on new or updated federal contracts (including extended, renewed, or exercise of an option on an existing contract). The Presidents […]
On October 6, 2021, Governor Gavin Newsom signed Assembly Bill 45 (AB 45) into law. AB 45 permits the manufacture and sale of a wide range of products containing regulated amounts of industrial hemp. Below is a brief overview: What is industrial hemp Industrial hemp is defined as cannabis plants that have no more than 0.3% tetrahydrocannabinol (THC). What products qualify Products manufactured with industrial hemp will no longer be classified as adulterated under the California Sherman Food, Drug, and Cosmetic Law simply because they contain industrial hemp, cannabinoids, extracts, or industrial hemp derivatives. The following categories of products may…
On the day of her celebration of life, Litigation Insights/IMS would like to honor and extend its deepestcondolences to the family and friends of Patricia Friedel Steele. Patricia was extremely passionate about her life, her family, and her work and... Read More The post Honoring Patricia Friedel Steele appeared first on Litigation Insights.
Contributed by guest author Matthew Horn, November 18, 2021 In September, the Biden Administration directed OSHA to issue an Emergency Temporary Standard (ETS) requiring employers with one hundred or more employees to ensure their employees are either fully vaccinated or tested for COVID-19 on a weekly basis. That promised ETS was published on November 5, […]
Key Points The California Department of Justice (DOJ) is preparing for increased enforcement of state housing laws, primarily focusing on local governments. The Housing Strike Force announcement is part of an ongoing trend of the state increasing enforcement of state housing laws. On November 3rd, California Attorney General Rob Bonta announced the creation of a Housing Strike Force within the DOJ, as part of DOJs effort to advance housing access, affordability, and equity in California. The Strike Force will be tasked with enforcing housing laws, including those discussed in earlier articles (October 14, 2021, November 1, 2021), along with tenant…
Contributed by Jacqueline Lentini McCullough, November 17, 2021 In December 2018, I got an unpleasant surprise: My first and only H-1B petition denial in my over 20+ years of practicing immigration law. The petition was on behalf of an operations research analyst. I had done the same petition for other operations research analysts […]
When it comes to appealing in Californias state courts, the One Final Judgment Rule governs. Challenges to interim orders must await the final judgment. (Griset v. Fair Political Practices Commn (2001) 25 Cal.4th 688, 697 (appeal is taken from a final judgment disposing of all controverted matters); Knodel v. Knodel (1975) 14 Cal.3d 752, 760 […] The post In Search of Appealability: The Collateral Order Doctrine first appeared on Appellate Insight.
Key Points Starting in 2022, CalPERS contracting agencies will bear the risk of certain overpayments to retirees that result from compensation reporting errors. The employer, rather than the retiree, will have to repay the overpayment and pay a penalty based on the present value of future benefit payment adjustments. The new law applies retroactively to CalPERS determinations disallowing reported compensation made on or after January 1, 2017, if an appeal has been filed and the retiree (or their survivor or beneficiary) has not yet exhausted their administrative or legal remedies. Governor Newsom recently signed Senate Bill 278 (SB 278), which…
US News & World Report bestowed two Best Law Firm Awards on Duke Evett: Medical Malpractice Law – Defendants Tier 1 Personal Injury Litigation – Defendants Tier 1 Congrats, Duke Evett!
Liz Sonnichsen has decided to leave the world of outside trial counsel work and move to an assistant general counsel position at an assisted living and home health company based in Boise. Best of luck in your new position, Liz!
Judicial notice is a powerful tool for litigants to get factual matter in front of a court without a sponsoring witness or all the other burdensome requirements under the rules of evidence. If used properly, facts that are beyond dispute and other universally known facts can be firmly established in the case so that the […] The post Judicial Notice on Appeal: Mandatory Subject Matter first appeared on Appellate Insight.
Congratulations to Abbey Germaine. She has been offered an opportunity to get out of the world of litigation and back into real estate law, which is her true passion. Abbey will be greatly missed. Good luck, Abbey!
Each year, 55,000 immigrant visas (green cards) are made available through a lottery in which people who come to the United States from countries with low rates of U.S. immigration may participate.The U.S. State Department holds the lottery, known as the Diversity Immigrant Visa Program ...
A bill that would provide companies with an affirmative defense for certain data security incidents has been introduced this term in the New Jersey Legislature. The bill seeks to follow legislation passed in other states - Utah, Ohio and Connecticut – by providing an affirmative defense ...
Sometimes, due to inadvertence, eagerness to move the case along, or strategic considerations, litigants will jump the gun and file a notice of appeal while post-trial motions are pending. What are the consequences of this strategy in California It depends. For certain post-trial motions, a superior court retains jurisdiction to rule on them even though […] The post Jumping the Gun: What Happens If a Notice of Appeal Is Filed While Post-Trial Motions Are Pending first appeared on Appellate Insight.
IMS Strengthens Jury Consulting and Visual Communication Offerings to Corporate Clients, AM LAW, Boutique Firms IMS, the award-winningconsultative trial andexpert services firm,announced today that it hasacquired nationallyrecognized jury consulting and visual communication firm Litigation Insights.Clients will benefit from the firmscombinedscaleand... Read More The post IMS Consulting & Expert Services Acquires Nationally Recognized Jury Consulting Firm Litigation Insights appeared first on Litigation Insights.
Legal advocacy has changed. The pandemic has seen courts and parties adopting technology to depose witnesses, hold hearings and mediations, and conduct trials in all-virtual or hybrid environments (such as jury selection by Zoom and trial in person). As a... Read More The post Adapting Advocacy for the Post-Pandemic World appeared first on Litigation Insights.
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 pandemicallegedly by using drones equipped with tools that could monitor compliance with social distancing guidance and potential symptoms such as elevated temperature […]
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 aircraft systems from flying over […]
Heres 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 todays COVID-influenced world. So long as the drone pilot […]
Employers will undoubtedly see an uptick in wage and hour claims particularly since Employees have been deployed to working from home. Under the Fair Labor Standards Act (FSLA), and its state equivalents, Employers are required to pay non-salaried workers a minimum wage for every hour they work, and extra when they work 40 hours or more.As Employees move to telework because of the coronavirus pandemic, an Employer's ability to monitor and account for work hours becomes more difficult. It is not hard to imagine that Employees would claim they spent more than 8 hours a day or 40 hours a…
On April 23, 2020, the Equal Employment Opportunity Commission ("EEOC") issued guidance to employers on COVID-19 virus testing of employees before entering the workplace. Specifically, the EEOC noted that the Americans with Disability Act requires any mandatory medical tests of employees be "job related and consistent with business necessity" and that "an individual with the virus will pose a direct threat to the health of others. Therefore, an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus."Of course, there are issues for employers to keep in mind:Tests must…
Businesses are looking for guidance as they plan to re-open their business or are still open but concerned about claims being made against them from customers or employees that could potentially come in contact with the virus while at the place of business. Federal, state and local guidelines are being drafted to deal with business re-opening issues. However, understanding the meaning of these guidelines and their effect on other guidelines has left open questions about compliance, enforcement, guideline conflict and reporting. Murchison & Cumming has created a legal task force of attorneys to respond to their business client's needs to…
Patricia Lewis was a teacher for the Albuquerque Public Schools. She contracted allergic bronchopulmonary aspergillosis (ABPA) from mold in her classroom in 2011. In 2012, she was also diagnosed with breast cancer and began chemotherapy with an oncologist. She died … Continue reading →
GandyDancer, LLC and Rock House CGM, LLC are business competitors that provide services to railroad companies. GandyDancer believed that Rock House CGM was not properly licensed in New Mexico, and had misrepresented the nature of its services, which enabled it … Continue reading →
The firm was recently recognized in the 2020 edition of Benchmark Litigation as one of only four highly recommended firms for litigation in Arkansas. Steven W. Quattlebaum, John E. Tull III, E. B. (Chip) Chiles IV, Michael N. Shannon and Chad W. Pekron were highlighted as Litigation Stars and Brandon B. Cate, Joseph R. Falasco, R. Ryan Younger, and Vincent O. Chadick were named Future Stars.... Read More The post Benchmark Litigation 2020 Recognizes QGT & Attorneys appeared first on Quattlebaum, Grooms and Tull.
Dan McKay has this story in the Albuquerque Journal about yesterday’s oral argument in Siebert v. Okun. The question presented is whether the damages cap in the New Mexico Medical Malpractice Act violates Article II, Section 12 of the New … Continue reading →
Quattlebaum, Grooms & Tull PLLC is pleased to announce that over half of our attorneys were recently named to the Mid-South Super Lawyers and Mid-South Rising Stars lists for 2019 bySuper Lawyers. E. B. (Chip) Chiles IV,Joseph R. Falasco,Timothy W. Grooms, Michael B. Heister, Jeb H. Joyce, J. Cliff McKinney II, Chad W. Pekron,Joseph W.... Read More The post 17 QGT Attorneys Recognized by Super Lawyers appeared first on Quattlebaum, Grooms and Tull.
U.S. News & World Report and Best Lawyers have announced the “Best Law Firms” rankings for 2020 and Quattlebaum, Grooms & Tull PLLC is proud to be ranked regionally in twenty-two (22) practice areas. Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and... Read More The post QGT Ranked in 2020 “Best Law Firms” appeared first on Quattlebaum, Grooms and Tull.
Traub Lieberman Straus & Shrewsberry LLP Senior Counsel Adam D. Krauss has just published a new white paper in conjunction with Aspen Re on climate change and its impact on the (re)insurance market. In the piece, titled Climate Change and the … Continue reading →
By Kyle Dickinson The Northern District of Illinois held earlier this week that disgraced former Illinois state representative Keith Farnahans homeowners insurer is not required to cover Farnahans civil liability for child pornography. The court reasoned that the injury suffered … Continue reading →
On Friday, May 24, 2019, the Illinois Appellate Court, First District, affirmed a summary judgment ruling in favor of an insurance carrier that a police officer injured during a traffic stop was not using his police cruiser for liability coverage … Continue reading →
Kent Bevanpublished a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.” “Driverless cars and autonomous vehiclesare a common sight in futuristic sciencefiction movies, but now theyre becoming apart of present-day … Continue reading →
Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.”
Lee Brumittpresented 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 … Continue reading →
By James Eastham In its decision in Youell v. Cincinnati Ins. Co. 2018 WL 6816772 (Ind. Ct. App. Dec. 28, 2018), the Indiana Court of Appeals ruled on the issue of whether a Landlords insurer has the right via subrogation … Continue reading →
Traub Lieberman is pleased to announce the addition of three insurance coverage attorneys to the firms Chicago office. The additions include Dana A. Rice, Adam P. Joffe, and Abigail M. Afridi. All three attorneys join the firm from Hinshaw & Culbertson … Continue reading →
If youre 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 quicklywithin 14 days.Id.The short turnaround time … Continue reading Federal Class Action Appeals Whats the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed → The post Federal Class Action Appeals Whats the Deadline to Petition to Appeal When a Motion for Reconsideration Is Filed appeared…
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 empty space in opaque product … Continue reading California Provides Defendants Additional Exemptions from Slack Fill Liability → The post California Provides Defendants Additional Exemptions from Slack Fill Liability appeared first on Hanson Bridgett Briefly.
By: Jeremy S. Macklin In Reynolds Ventures, Inc. v. Scottsdale Ins. Co., 2018 U.S. Dist. LEXIS 150508 (M.D. Fla., Sept. 5, 2018), the U.S. District Court for the Middle District of Florida held that a surplus lines insurer who acts … Continue reading →
“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 operation even on a good … Continue reading Revisiting Alvarado: “Work Week v. Pay Period” Question Remains → The post Revisiting Alvarado: “Work Week v. Pay Period” Question Remains appeared first on Hanson Bridgett Briefly.
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 required by SB 854. SB… Continue Reading The post Budget Trailer Bill 502 would expand DIR fines and agency notice requirements appeared first on Infrastructure Law Blog.
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 design-build authority under Public Contract… Continue Reading The post New bill would expand design-build authority for local agencies appeared first on Infrastructure Law Blog.
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 for all concerned. https://www.nytimes.com/2016/12/24/business/dealbook/private-equity-water.htmlemc=edit_ta_20161224&nlid=51116999&ref=cta&_r=0 … Continue Reading The post Are P3s the answer to our infrastructure needs NYT article raises concerns. appeared first on Infrastructure Law Blog.
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 its policy. After Consumers initial [...]
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 carrier crash risk than the [...]
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 residents had absolutely no expectation [...]
Mark D. Zukowski 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. Mark is one of only 21 attorneys and former judges who have been recognized as Charter Members of the Arizona Chapter. Parties can visit the Chapter website at www.NADN.org/arizona to schedule, at no administrative cost, mediations with Mark by having direct access to his availability calendar.
Jones, Skelton & Hochuli, PLC is pleased to announce Phillip Stanfields selection to the American Board of Trial Advocates (ABOTA). Stanfield is the ninth lawyer from JSH to receive this distinction.Mr. Stanfield joined Jones, Skelton & Hochuli in 1987, and has been a Partner since 2003. His practice is almost exclusively devoted to the defense of transportation clients.The general purposes of the American Board of Trial Advocates is to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be…
Cohen v. Maricopa County (Ct. Appeals, Div. One, August 16, 2011) A man was involuntarily held in a hospital because he was a danger to self due to depression and repeated drug overdose. After inpatient treatment was completed, he was discharged from the hospital to begin court-ordered outpatient treatment with ValueOptions, the company that contracts with the State. While undergoing outpatient treatment, the man was found passed out with the drug Soma in his pocket. The man was medically cleared at the scene, but taken to an urgent care facility run by Meta Services pursuant to a subcontract with…
The Association of Defense Trial Attorneys (ADTA) has recently selected Don Myles for membership to their organization.Don Myles has been a Partner with Jones, Skelton & Hochuli since 1987, and concentrates his practice on insurance coverage, bad faith and professional liability. He is admitted to practice in all state and federal courts in Arizona as well as the Ninth and Tenth Circuit Courts of Appeal, and the United States Supreme Court.Myles is the past President of the Arizona Association of Defense Counsel (AADC) and the USLAW Network. He is currently Senior Vice President for the Federation of Defense and Corporate…
Fidelity and Deposit Company of Maryland v. Bondwriter Southwest (Ct. Appeals, Div. One, July 28, 2011) Fidelity sued Bondwriter for breach of contract and negligence, after Bondwriter delivered unapproved bonds to a contractor. An agency agreement authorized Bondwriter to solicit applications for surety bonds on Fidelity's behalf. The agreement limited Bondwriter's authority to those transactions that Fidelity specifically authorized. In one transaction, Bondwriter mistakenly delivered a bond to a contractor before Fidelity had authorized the bond. When Bondwriter employees realized their mistake, they were unable to retrieve the original bond before the contractor made copies of the bond and…
In a landmark decision, the California Supreme Court held today that a plaintiff cannot obtain medical expense damages based on his billed medical charges, because the plaintiff was not damaged in that amount. Howell v. Hamilton Meats & Provisions, Inc. (Cal. Supreme Court, Aug. 18, 2011). The Court held that the plaintiff could recover only the amount of medical expenses actually paid on her behalf. The Court said: We hold no such recovery is allowed, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount." Plaintiff Rebecca Howell was seriously injured in…