In todays society, discussions about politics, race, and religion will inevitably enter the workplace. How can employers maintain order and respect in the workplace in the face of free speech Join Beverly Alfon and Heather Bailey on Wednesday, August 19 at Noon CT as they discuss what employers should be aware of when responding or […]
Key Points New York federal district court vacates the DOLs health care provider definition in the DOLs Final Rule implementing the Families First Coronavirus Response Act. The court also vacates the DOLs employer consent requirement for intermittent leave and the unable to work requirement for receipt of leave benefits. The national impact of the decision is currently unknown as the DOL contemplates next steps. The Lawsuit On April 14, 2020, the State of New York (State) sued the Department of Labor (DOL) claiming that the DOL exceeded its authority under the Administrative Procedure Act (State of New York v. U.S.…
Contributed by Carlos Arvalo, August 11, 2020 On Monday August 10, 2020, Judge Ethan Schulman of the California Superior Court issued an injunction against Uber and Lyft ordering them to classify drivers as employees and not as independent contractors.The order follows a preliminary injunction lawsuit filed this spring by the State of California, along with […]
Key Points Public agencies must retain emails that would be required for inclusion in an administrative record pursuant to CEQA. Agencies must retain [a]ll written evidence or correspondence submitted to, or transferred from them with respect to CEQA compliance or with respect to the project. This includes emails that fit this description. Public entities should retain these documents as official records and should assure that they are not subject to potential destruction under the entitys retention policies. In its recent decision in Golden Door Properties, LLC v. The Superior Court of San Diego County, the Court of Appeal clarified public…
Though many mock trials and focus groups have been put on pause in hopes of safely resuming to business as usual, were finding that some jurisdictions wont be suitable for in-person research for quite some time. Yet, trial dates loom... Read More The post Considering Online Jury Research Here’s What You Need to Know appeared first on Litigation Insights.
The Small Business Administration (SBA) has released new FAQ guidance regarding loan forgiveness for Paycheck Protection Program (PPP) loans. SBA’s interim rules and FAQs, along with forms, are available at ...
Contributed by Suzanne Newcomb, August 5, 2020 As our readers know, the Families First Coronavirus Relief Act (FFCRA) requires employers with less than 500 employees to provide paid leave to employees who are unable to work (or telework) for a variety of COVID-related reasons (including caring for children not in school due to COVID) though […]
As the COVID-19 outbreak progressed, the public eye focused in part on corporate actions: How were corporations responding to the weak economy How were they treating employees who could no longer work in-person Were they doing anything to help in... Read More The post Meaningful Corporate Actions: Juror Attitudes Toward Corporations in the Time of COVID-19 Part 2 appeared first on Litigation Insights.
Key Points Adoption of Water Rates not subject to challenge by referendum; challenges are limited to those provided for by Proposition 218. California Supreme Court overrules Court of Appeal decision that found that water rates are not a "tax" under Article II, Section 9. Supreme Court disagrees, finding municipal water rates fall within the broad understanding of the term "tax," and referendum cannot be used to disrupt essential government services. On August 3, 2020, the California Supreme Court published its decision in Wilde v. City of Dunsmuir (Case No. S252915). The case presented the issue of whether the electorate can…
Fun Yvonne Rene Carrick fact. Yvonne is fluent in Spanish, is learning Japanese and enjoys world travel.
Congratulations, Keely! Keely earned Top 50 Women Attorneys in the Mountain States for 2020. She earned this award in 2019 and 2018 as well.
Keely Duke earned Best Lawyers 2021. She has dedicated her career to defending companies, employers, and individuals in complex business litigation and in medical malpractice, legal malpractice, dental malpractice, employment, skilled nursing defense, insurance bad faith, and product liability/medical device litigation. She has tried over a dozen cases to successful verdicts for her clients in […]
I can understand why someone would come in predisposed against big corporations, because they are in the limelight more and more these days, with things like corruption from the higher-ups. I used to believe authority is always right. I trusted... Read More The post Concerning Corporations: Juror Attitudes Toward Corporations in the Time of COVID-19 Part 1 appeared first on Litigation Insights.
This week, the White House Council for Environmental Quality issued a final rule revising how agencies implement the National Environmental Policy Act (NEPA) in reviews of environmental projects and permitting application. Business groups believe that the final rule will streamline the ...
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…
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 rule. As of February 1, […]
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 third of a series of postings as to the significance of the proposed new rule. Imagine you […]
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 second of a series of postings as to the significance of the proposed new rule. There are […]
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…