Contributed by Steven Jados, September 17, 2021 Last week, the EEOC filed a federal lawsuit in Georgia against an employer that did not allow an employee with a medical condition to work from home.  Employers should carefully consider the circumstances at issue in this lawsuit when evaluating work-from-home accommodation requests as we anticipate litigation of […]

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Key Points Assembly Bill (AB) 361 allows an agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency's jurisdiction during proclaimed state of emergencies. The modified teleconferencing requirements are effective until January 1, 2024, as of which date they are repealed, and the normal Brown Act teleconferencing requirements become operative. Governor Newsom signed Assembly Bill (AB) 361 (Rivas) into law to address Brown Act teleconferencing requirements for local agencies.…

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Contributed by Michael Wong and Sara Zorich, September 16, 2021 On August 23rd Governor Pritzker issued Executive Order 2021-20 requiring  health care workers, school personnel, higher education personnel and students, and state-employees and contractors who work at state-owned or operated congregate facilities to get their first dose of a two-dose COVID-19 vaccine series, or a […]

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Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation. The Housing Accountability Act's recent addition of Section (f)(4) does not violate the California Constitution's home rule, municipal function delegation, or due process protections. The Housing Accountability Act's Evolution and Recent Pro-Housing Legal Trends Since the Housing…

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Article PDF In the November 2020 election, California voters approved the California Privacy Rights Act of 2020 (CPRA) amending the California Consumer Privacy Act of 2018 (CCPA). Businesses are expected to comply with the CPRA by January 1, 2022. Together, the CCPA and CPRA set out standards that California businesses must follow in gathering and maintaining personal information about consumers. This Article provides an overview of those laws, summarizes the key updates that the CPRA made to the CCPA, and provides a checklist of items to help senior care providers comply with both laws. The CCPA The CCPA became…

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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.

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Contributed by John R. Hayes, September 13, 2021 On September 9, 2021 President Biden announced sweeping new vaccine mandates for federal employees, federal contractors, and an upcoming OSHA Emergency Temporary Standard Rule for companies with more than 100 employees. In light of this, already many employers are asking the question, Am I a federal contractor […]

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Duke Evett is expanding again! Check back in mid to late September for the unveiling of the newest attorney joining our firm. We’re thrilled with the upcoming addition.

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Last Wednesday, an Ada County District Judge dismissed a Medical Malpractice case against Keely Duke and Liz Sonnichsens Urology clients. A fantastic result and very happy clients! Good show, Keely, Liz, and Duke Evett!

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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.

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Duke Evett is pleased to announce that Abigail C. Thomson has joined its firm as an Office Assistant. Abigail can be reached at act@dukeevett.com. Please help us in welcoming her.

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Connecticut recently enacted two pieces of legislation that alter the landscape for data security incident reporting and notification practices in the state. Below is a synopsis of the changes, which become effective October 1, 2021.First, the state amended its notification law  with ...

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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.

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USCIS issued a reminder to the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the wildfires in the western United States and the recent ...

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Its a different world than when most of us graduated from law school or entered the legal profession. In 2016, TIME reported on a study by UCLAs Williams Institute, which estimated .6% of the countrys population identified as transgender ... Read More The post How Do I Avoid Offending Jurors in the Shifting Gender Landscape appeared first on Litigation Insights.

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Its safe to say that Ive been fortunate in my legal career. Among other blessings, I have also benefitted from representing clients who were consistently right on the law and facts and who were even justified from a moral and public-policy perspective. Yet, exasperatingly, I have not prevailed in all of the cases I have […] The post Not Saying the Quiet Part Out Loud; or, Keep Your Cool on Appeal to Avoid Contempt first appeared on Appellate Insight.

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In a prior post, we discussed avoiding the death knell of an untimely notice of appeal in Californias state courts (see Jan. 29, 2021). But what else can go wrong with a notice of appeal A lot. Even though the notice of appeal is a decidedly simple filing, it should come as no surprise that […] The post Notice of Appeal Back to Basics to Avoid Disaster (Part Two) first appeared on Appellate Insight.

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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 […]

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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 […]

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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 […]

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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…

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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…

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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…

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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 →

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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 →

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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.

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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 →

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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.

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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.

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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 →

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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 →

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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 →

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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 →

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Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.”

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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 →

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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 →

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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 →

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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…

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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.

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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 →

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“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.

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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.

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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.

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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.

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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 [...]

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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 [...]

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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 [...]

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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.

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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…

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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…

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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…

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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…

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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…

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