Contributed By Sara Zorich, June 23, 2021 On June 21, 2021, the US Department of Labor (DOL) announced that it has proposed new rulemaking, and is seeking input on significant limits to an employers ability to utilize the tip credit. Under the current law, the Fair Labor Standards Act and many state laws allow employers […]
When youre an expert witness, standing out among the competition and finding long-term success is no easy task. As a consulting firm constantly working with attorneys and their witnesses, we at Litigation Insights have heard, and seen, the horror stories:... Read More The post How Do I Become a Successful Expert Witness appeared first on Litigation Insights.
Contributed By John R. Hayes, June 18, 2021 On June 10, 2021 OSHA issued its COVID-19 Emergency Temporary Standard (ETS) for the health care industry, along with general guidance for all other employers, which we already touched on in a previous post.However, there remains a lot to unpack, as there are many unanswered questions, especially […]
Key Points Fully vaccinated employees no longer need to wear face coverings indoors or outdoors. The revised ETS removes all social distancing requirements. Employers must provide respirators to employees who are not fully vaccinated "upon request." Governor has issued an executive order which makes the revised ETS enforceable immediately upon submission to the Office of Administrative Law. Employers should amend their COVID-19 Prevention Plans as soon as practicable. On June 17, 2021, the Cal/OSHA Standards Board (Board) passed the latest versionthe third proposed since Mayof its COVID-19 Emergency Temporary Standards ("ETS"). We previously discussed the version of the ETS passed…
Key Points Effective July 1, 2021, the state law rules regarding break-in-service and hours limitations for hiring public-sector retirees will be reinstated. Public sector employers and retirement systems need to determine if any action, such as reinstatement or compliance with required governing agency appointment process, is required to continue to employ retirees who were hired or whose employment was extended during the COVID emergency. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which rescinds waiver of the break-in-service and hours limitation rules applicable to rehiring public sector retirees without suspension of their pension benefits. These requirements were waived…
Contributed By: Jeff Risch, June 16, 2021 Employers of all sizes and industries, operating anywhere in the U.S., need to conduct HR Audits regularly. In 2021 and beyond, it is critical to carefully evaluate all aspects of how to properly and lawfully administer and manage personnel issues.Workplace laws, rules and regulations are constantly changing […]
Josh Evett is pleased to announce that he successfully defended a medical device manufacturer before the Idaho Supreme Court on appeal. This result ends the lawsuit successfully in favor of Duke Evetts client. The case involved allegedly defective electrical stimulation pads that burned plaintiff during physical therapy. Because plaintiff could not exclude reasonable secondary causes […]
On June 9, the California Occupational Safety and Health (Cal/OSHA) Standards Board voted to withdraw the revisions to Cal/OSHA's COVID-19 Prevention Emergency Temporary Standards that the Board had originally voted to approve on June 3. According to Cal/OSHA, [i]n the meantime, the protections adopted in November of 2020 will remain in effect. For further information view Cal/OSHA's press release or reach out to an attorney in Hanson Bridgett's Labor & Employment Practice with questions.
In Part 1, we discussed the major narrative-framing strategies plaintiffs employ to coax jurors into awarding massive damages. However, a number of additional psychological and case-specific factors are at play, and these are just as important to keep in mind... Read More The post What Causes Nuclear Verdicts Part 2 appeared first on Litigation Insights.
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.
There has been a recent increase in the number of nuclear verdicts handed down by jurors, including the largest award from 2019: an eye-popping $8 billion. For defendants, this trend has generated even more uncertainty and anxiety about taking a... Read More The post What Causes “Nuclear Verdicts” Part 1 appeared first on Litigation Insights.
Today, the Centers for Disease Control and Prevention (CDC) (((revised its guidance))) to read that individuals who are fully vaccinated can “resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws ...
On May 12, 2021, President Biden signed a lengthy executive order aimed at advancing federal cybersecurity defenses following a tumultuous year of devastating cyberattacks on private and government sector networks. The release of the executive order came after the recent crippling ...
Keely Duke has accepted an invitation to become a Fellow of the American Bar Foundation. Keely is honored to have received this elite invitation and is excited to be a part of the Foundation that is dedicated to researching and advancing the role and impact of law, lawyers, and the legal process within society […]
Duke Evett is excited to announce Anne E. Henderson has joined the firm. Anne clerked with the U.S. District Court here in Idaho, has been in a busy litigation practice since and is now joining the Duke Evett litigation and trial team. Anne can be reached at email@example.com. Please help us in welcoming Anne to […]
While attorneys advocate, judges search for the right result. Here are three techniques for persuading judges by aiding them in their truth-seeking mission. First, channel your audiences inner scientist. Organizational psychologists refer to four archetypes: The preacher invokes fundamental values. The prosecutor tries to win an argument. The politician seeks to gain approval. And the […] The post What Can Oral Argument Preparation Teach Us About Effective Briefing first appeared on Appellate Insight.
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 […]
Can an order ruling on a motion or petition to compel arbitration in federal court be appealed While federal appellate jurisdiction is generally limited to final decisions of the district courts (28 U.S.C. 1291), the Federal Arbitration Act (FAA) authorizes interlocutory appeals from orders denying arbitration. But the ability to appeal an order that […] The post Appealing Motions to Compel Arbitration in Federal Court first appeared on Appellate Insight.
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 [...]
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…
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…
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…