The USLAW NETWORK Foundation, the philanthropic division of USLAW NETWORK, is excited to announce its first group… Continue Reading
USLAW Member Legal Alerts
Certificate of incapacity for work and the Incapacity for Work Directive.
The post Certificate of incapacity for work and the Incapacity for Work Directive. appeared first on BUSE. Continue Reading
United States Supreme Court Clarifies Test Regarding Social Media and State Action
Lindke v. Freed & O’Connor-Ratcliff v. GarnierUnited States Supreme Court March 15, 2024 JSH Attorneys: Ashley Caballero-Daltrey, Justin Ackerman In two opinions last week, the United States Supreme Court clarified the test for when a public official’s social media activity constitutes state action under 42 U.S.C. § 1983. The Court… Continue Reading
Survey Determines 2024 Best Places To Work in Omaha®
Best Places to Work in Omaha survey founder, Baird Holm LLP, along with program sponsor, the Greater Omaha Chamber, are announcing – and applauding – the 2024 winners. Companies with 25 to 200 employees: GetMed Staffing Inc. Ellerbrock-Norris Uniti Med Lockton Companies Improving Companies with 200+ employees Fusion Signature Performance… Continue Reading
Zwilling Explains the DOL’s New Independent Contractor Rule
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
2024 (FY25) H-1B Cap Season Is Now Open
The 2024 H-1B cap season opened at noon ET on March 6, 2024 and ends at noon ET on March 22, 2024. It is only during this period of time, that employers may submit registrations for the H-1B lottery on behalf of current or prospective employees who have not previously been… Continue Reading
Chip Chiles Inducted Into International Academy of Trial Lawyers
E. B. (Chip) Chiles IV, a Managing Member of Quattlebaum, Grooms & Tull PLLC, was inducted as a Fellow of the International Academy of Trial Lawyers (IATL) at its 2024 Annual Meeting held in Ojai, California, March 6-10, 2024. The International Academy of Trial Lawyers limits membership to 500 Fellows from the… Continue Reading
California Issues Guidance On its New Workplace Violence Prevention Mandates
CAL/OSHA recently issued guidance on its Workplace Violence Prevention mandates that were created and implemented on September 30, 2023 when Governor Newsom signed Senate Bill 553 (SB 553) into law and which go into effect on July 1, 2024. Continue Reading
Benchmark Litigation Selects QGT As US Award Winner
Quattlebaum, Grooms & Tull PLLC was named US Award Winner for the State of Arkansas by Benchmark Litigation at the annual Benchmark US Awards held in New York on March 13, 2024, marking the eleventh time the firm has received this distinction. A full list of the winners can be found… Continue Reading
Partner Jeremy Christensen Presenting as Keynote Speaker at Omnify Benefit Solutions Forum
On Thursday, March 28, Omnify is hosting their first annual Benefits Solutions Forum in Lincoln, Nebraska, where Baird Holm Partner Jeremy Christensen will present as a keynote speaker. The Omnify Benefits Solution Forum is designed to keep attendees up to date on the latest developments in HSAs, COBRA administration, LSAs… Continue Reading
No More Mileage Radius?
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
CMS Issues Clarity For Texting Patient Information and Orders for Hospitals and CAHs
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
Federal Regulators Clarify the Scope and Mechanics of “Direct Pay” and Hydrogen Tax Credits
The U.S. Department of the Treasury (“Treasury”) and Internal Revenue Service (the “IRS”) recently clarified the scope of certain clean energy tax credits. Regulations address (1) political subdivisions’ eligibility for “direct pay” of tax credits here and (2) qualifications for the clean hydrogen tax credit here. Direct Pay of Tax… Continue Reading
Baird Holm Attorney Sharon Kresha Elected to Serve as President of the Nebraska State Bar Foundation
Congratulations to Baird Holm Attorney Sharon Kresha who has been elected to serve as the 2023-2024 President of the Nebraska State Bar Foundation. Previously serving as the 2022-2023 Vice President, Sharon will take on a two-year term as Foundation President, as elected by the Board of Directors of the Bar… Continue Reading
Banning smartphones in the workplace.
The post Banning smartphones in the workplace. appeared first on BUSE. Continue Reading
Federal Court Blocks Key Portion of the IL Day & Temporary Labor Services Act
In a case filed in the Northern District of Illinois (Staffing Services Association of IL, et. al. vs. Jane Flanagan, Director of the IL Department of Labor), a federal district court granted plaintiffs’ request for injunctive relief thereby preventing the IL Department of Labor (IDOL) from enforcing a key provision… Continue Reading
AP&S Welcomes Brian M. Gibbons
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
Hallford, Oliver and Meadows Obtain Defense Verdict
Carr Allison’s Pam Hallford, Tom Oliver and Brook Meadows have obtained a defense verdict on behalf of one of the South’s most prominent motor carriers. In 2018, an accident involving a pedestrian and a commercial motor vehicle resulted in severe injury. A claim was almost immediately brought against the motor… Continue Reading
Arizona Appeals Court Concludes That Patient Who Could Manage Her Own Affairs Is Not a “Vulnerable Adult” Under APSA
Richardson v. HannallahArizona Court of Appeals, Division II March 7, 2024 JSH Attorneys: Ashley Caballero-Daltrey, Cory Tyszka In a memorandum decision on March 1, the court of appeals affirmed the superior court’s conclusion that no reasonable juror could find that a decedent was a vulnerable adult under the Adult Protective… Continue Reading
JD Supra 2024 Readers’ Choice Awards Recognizes AP&S Authors and Article
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
Zwilling to Present Webinar on Top Employment Issues to Watch in 2024
Awareness of recent developments in the law and current employment trends can help employers more effectively run their business and avoid lawsuits. During this webinar, we will discuss multiple topics that employers need to be aware of including the rise in employment related lawsuits, mental health issues, the end of… Continue Reading
The law governing works council remuneration is coming.
The post The law governing works council remuneration is coming. appeared first on BUSE. Continue Reading
Introducing Our 2024 Spring Writing Intern
It’s time to introduce our 2024 Spring Writing Intern, Princewill Ekwuribe, currently a 2L at ASU Sandra Day O’Connor School of Law. Prince hails from Austin, Texas, and did his undergraduate work at Texas State University. When he began considering law school while a sophomore in college, he first thought… Continue Reading
Maples Obtains Summary Judgment
Jonathan Maples of our Mobile, AL office obtained summary judgment in favor of a local marina operator and yacht broker that had been sued under theories of actual and apparent agency related to the delivery of a sailing vessel. The plaintiff alleged that he purchased a sailing vessel through… Continue Reading
Post-Trial Motions and Time to Appeal
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
ORLANDO!! Too Big…New Digs!
Two years ago, Carr Allison established its presence in Orlando with one partner and a purpose – serve our clients effectively and efficiently in the Central Florida market. Since then, we have quickly grown to eight attorneys, plus support staff. We are proud to announce that effective March 1, 2024,… Continue Reading
The special audit at a GmbH.
The post The special audit at a GmbH. appeared first on BUSE. Continue Reading
MRC Attorneys Kathleen M. McCauley and Taylor D. Brewer Honored by Virginia Lawyers Weekly
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
SAVE THE DATE -- Illinois Paid Leave/Sick Leave Mandates – Employers, Are You Ready? -- Webcast on March 13
The recently overhauled paid leave ordinances in Illinois include: Illinois Paid Leave For All Workers Act (effective January 1, 2024), Cook County Paid Leave (effective February 1, 2024) and the City of Chicago Paid Leave (effective July 1, 2024)/City of Chicago Sick Leave (amended) (effective July 1, 2024). Compliance is… Continue Reading
AP&S Serves as Exclusive Sponsor to Largest Intercollegiate Mock Trial Regional Tournament in United States
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
Understanding the Impact of Federal Conscience Rights on Health Care Employers: Navigating Legal Protections and the 2023 Final Rule
Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs. Federal conscience rights are contained in various federal statutes and regulations -- the Church Amendments,… Continue Reading
JSH Promotes Four Attorneys to Partner
Jones, Skelton & Hochuli, PLC recently promoted four outstanding associate attorneys to partner. These hardworking lawyers represent clients in a variety of industries, including transportation, insurance, hospitality, government/municipalities, construction, as well as in appellate matters. Allison Beaulieu recently joined our Transportation Trial Group in JSH’s New Mexico Office, bringing a… Continue Reading
JSH Announces Three New Equity Partners
Jones, Skelton & Hochuli, PLC is pleased to announce our three newest Equity Partners: Chelsey Golightly, Daniel King, and Clarice Spicker. These attorneys represent longstanding, high level corporate clients, insurance carriers, nonprofit organizations, and self-insureds across a variety of practice areas, including transportation, professional liability, personal injury and wrongful death,… Continue Reading
Employers with Employees Working in California It’s Time to Report your Pay Data - California Releases Updated Guidance on Pay Data Reporting for 2024
California’s equal pay data reporting law applies to private companies that have at least 100 employees nationwide on payroll and at least one California employee. The reporting deadline for the 2023 reporting year is May 8, 2024. Continue Reading
Focus on employee activism – light & shadow.
The post Focus on employee activism – light & shadow. appeared first on BUSE. Continue Reading
Angel Taveras Appointed to Washington Trust Board of Directors
Angel Taveras has been appointed to the Board of Directors of Washington Trust Bancorp, Inc. and its subsidiary bank, The Washington Trust Company, effective March 1, 2024. Mr. Taveras recently joined Adler Pollock & Sheehan as Senior Counsel. He served as the 37th Mayor of the City of Providence from… Continue Reading
Successful Appeal In Contract Matter
Joseph R. Falasco was successful in securing the reversal of a significant judgment against his client in a contract matter. The firm represents El Dorado Ammonia (“EDA”), El Dorado Chemical Co. (“EDC”), and their parent company, LSB Industries (“LSB”) (collectively “LSB”) in a dispute arising from the dismantling and relocation… Continue Reading
Governor Little Appoints Keely Duke to Idaho Judicial Council
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!
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
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
AP&S Welcomes Angel Taveras, the 37th Mayor of Providence, to the Firm
We are pleased to announce that Angel Taveras has joined the firm. Angel will be focusing his practice on civil, commercial, and government litigation, municipal restructuring, public finance, pensions, and public infrastructure. Robert Brooks, Managing Partner said “It is with great pleasure that we welcome Angel to our firm. Angel’s… Continue Reading
Congratulations, Duke Evett. Well done.
• 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
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 ejm@dukeevett.com. Welcome, Emily! Continue Reading
Shelley Fleisch-Djurica Named Member Of Firm
Quattlebaum, Grooms & Tull PLLC is pleased to announce that Shelley Fleisch-Djurica has been named a member of the law firm. Ms. Fleisch-Djurica’s practice focuses on banking technology and fintech agreements and counseling her clients on a variety of technology contracting matters, including information security, data privacy and federal… Continue Reading
Stewart Pollock Promoted to Partner
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!
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
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
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
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
Super Lawyers Selects 15 From QGT For 2023
Quattlebaum, Grooms & Tull PLLC is pleased to announce that fifteen attorneys with our firm were recently named to the Mid-South Super Lawyers and Mid-South Rising Stars lists for 2023 by Super Lawyers. Brandon B. Cate, Vincent O. Chadick, E. B. (Chip) Chiles IV, Joseph R. Falasco, Timothy W. Grooms, Michael B. Heister, Jeb H. Joyce, J.… Continue Reading
2024 “Best Law Firms” Ranks CCTB in 14 Practice Areas
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
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
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
Defense Victory for Barth and Vojas
On September 22, 2023, Lashly & Bear attorneys Michael Barth and Katherine Vojas obtained a defense verdict for their health care clients in the Circuit Court of the City of St. Louis. The case involved claims of academic medical practice and allegations that the Department of Ophthalmology failed to timely… Continue Reading
Unanimous Defense Verdict for Magrath and Brown
On August 8, 2023, Lashly & Baer attorneys William Magrath and Riley Brown obtained a unanimous defense verdict for their clients. Plaintiff claimed the Defendants were medically negligent in not explicitly warning him to protect his numb limb from extremes of hot and cold after administering a popliteal nerve block. … Continue Reading
Fourteen CCTB Attorneys Recognized in The Best Lawyers in America 2024; Jim Moore Named “Lawyer of the Year”
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
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
Glenn Taylor Inducted as Mississippi Bar Foundation Fellow
Shareholder Glenn Gates Taylor has been inducted as a Fellow of the Mississippi Bar Foundation. The Fellows designation is the Foundation’s highest honor. Only 10% of the lawyers in Mississippi are eligible for membership as a fellow. Fellows are selected for membership based not only on their excellence as a… Continue Reading
Six CCTB Attorneys Recognized By Super Lawyers
Copeland, Cook, Taylor & Bush, P.A. congratulates its Super Lawyers (Greg Copeland, Ryan Perkins, and Jason Bush), and Super Lawyers Rising Stars (Ian Austin, Landon Kidd, and Kyle Ketchings)! The post Six CCTB Attorneys Recognized By Super Lawyers appeared first on Copeland Cook Taylor & Bush. 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
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
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
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