It’s no secret – USLAW can host a great event. Throughout the year, we have a full… Continue Reading
USLAW Member Legal Alerts
ChatGPT & co. at work – without a “go” from the works council?
The post ChatGPT & co. at work – without a “go” from the works council? appeared first on BUSE. Continue Reading
Update: CTA Filing Extended to January 13, 2025 for Entities Formed Prior to 2024
On the evening of December 23, 2024 the Department of Treasury announced that companies that were created or registered prior to January 1, 2024 and are not otherwise exempt under the Corporate Transparency Act (CTA) from filing a beneficial ownership information report (BOIR) with FINCEN now have until January 13,… Continue Reading
Well, That was Quick – The Corporate Transparency Act is Back: Appellate Court Lifts Nationwide Injunction
On December 23, 2024, the Fifth Circuit Court of Appeals issued an order lifting the nationwide preliminary injunction that was previously issued by a federal district court in Texas on December 3, 2024 to suspend enforcement of reporting obligations for millions of businesses under the Corporate Transparency Act (CTA). Notably,… Continue Reading
Rock Published in the American Journal of Trial Advocacy
Madeline A. Rock, associate in Birmingham, was published in the American Journal of Trial Advocacy, the nation’s oldest law review dedicated to the art of trial advocacy. Read the article here: https://cumberlandtrialjournal.com/environmental-preservation-what-constitutes-diligent-prosecution-such-that-a-citizen-suit-may-not-be-brought/ The post Rock Published in the American Journal of Trial Advocacy appeared first on Carr Allison. Continue Reading
State Data Privacy Update: A Look Back (2024) and A Look Ahead (2025)
In the absence of a comprehensive federal consumer data privacy law, states have been busy passing legislation that is designed to protect the personal data of their residents and to give some level of control over the use and distribution of that data back to the individual. 2024 was no… Continue Reading
Be On The Lookout This Holiday Season
Earlier this week when purchasing a gift card for a holiday present, I was prompted to click through a screen that I have not previously encountered. It was a notice screen advising me, as a purchaser of a gift card, of the commonality of gift card scams and cautioning the… Continue Reading
New Year Brings New Fees
On November 18, 2024 and November 20, 2024, the United States Patent and Trademark Office (“USPTO”) published its Final Rules regarding adjustments to trademark and patent fees, respectively. With changes to trademark fees taking effect January 18, 2025 and patent fees taking effect January 19, 2025, we have provided a… Continue Reading
The hidden costs of a legal dispute: more than just lawyers’ fees.
The post The hidden costs of a legal dispute: more than just lawyers’ fees. appeared first on BUSE. Continue Reading
What Construction Employers Need to Know About OSHA’s Final Personal Protective Equipment Standard
On December 12, 2024, the the Occupational Safety and Health Administration (OSHA) issued its revision to the personal protective equipment (PPE) standard for construction to ensure properly fitting PPE for all construction workers. Continue Reading
Sick or not sick? That is the question!
The post Sick or not sick? That is the question! appeared first on BUSE. Continue Reading
Sausaman, Houston and Flynn Prevail on a Motion to Dismiss
Alison Sausaman, Hal Houston and Galen Flynn prevailed on a motion to dismiss an employment discrimination and retaliation case filed in the Middle District of Florida. After three rounds of motion practice, the Court dismissed the case in its entirety with prejudice. The post Sausaman, Houston and Flynn Prevail on… Continue Reading
The European Union is introducing requirements for the sustainability of products.
The post The European Union is introducing requirements for the sustainability of products. appeared first on BUSE. Continue Reading
Pro Bono Support for St. Mary’s Center for Women & Children
In a significant act of community support, Jonathan M. Sachs and Stephen T. Connolly provided legal counsel to St. Mary’s Center for Women & Children in connection with securing a line of credit. This partnership was made possible through a collaboration with Eastern Bank and was carried out on a… Continue Reading
Those who set targets too late pay the price…
The post Those who set targets too late pay the price… appeared first on BUSE. Continue Reading
Illinois Department of Labor Gives Long-Awaited Guidance on January 1, 2025 Pay Transparency Requirements
Less than a month before the changes are set to go into effect, the Illinois Department of Labor has given employers some guidance on how the department will be enforcing the new requirements and published the poster that employers must display to their employees. Continue Reading
It’s the Most Magical Time of the Year: Renewing Your Professional License and Privileging Agreements
As we reach the end of the year, a multitude of various forms inevitably end up in health care providers’ offices. Most notably, the license renewals, privilege applications, and malpractice coverage renewals that all pose somewhat similar, yet subtly different, questions. Many health care providers make the mistake of delegating… Continue Reading
How Will the Trump Administration Impact Your Business?
The election results are in and many are wondering what to expect for business employment immigration. With relatively little information available at this point, it can be challenging to speculate about what is going to happen. What we do know may be gleaned from President-Elect Trump’s first administration. Continue Reading
Four MRC Attorneys Named to 2024 Virginia Business Legal Elite
Four MRC attorneys have been included in Virginia Business magazine’s 2024 Legal Elite. Kathleen M. McCauley and Taylor D. Brewer have again been selected for their health law practices. C. Dewayne Lonas has been selected in civil litigation. Rebecca Roberts has been honored as a young lawyer in the Legal… Continue Reading
A Landmark Case and Its Implications for Trucking Industry
Lashly & Baer attorney Patrick E. Foppe discusses “A Landmark Case and Its Implications for the Trucking Industry,” in the November/December 2024 issue of For the Defense, a DRI magazine.A $462 million verdict against Wabash National Corporation marks a pivotal moment in trucking litigation, emphasizing that compliance with federal safety… Continue Reading
Election Results May Lead to More States Implementing Paid Leave
2025 is set to be another year of expanded paid leave requirements for employers. While the results are still preliminary, employers should start preparing in the states that have voted in new leave laws. Continue Reading
Eleven Lashly & Baer Attorneys Receive Top Honors from2024 Missouri & Kansas Super Lawyers
St. Louis, Missouri (November 12, 2024) – Lashly & Baer, P.C. is proud to announce that 11 of its attorneys have been recognized for excellence by Missouri & Kansas Super Lawyers. Ten attorneys have been selected for inclusion in the 2024 Missouri & Kansas Super Lawyers list: Michael R. Barth,… Continue Reading
Hamza Chaudary Appointed to Merit Selection Panel for U.S. Bankruptcy Court Judge in Rhode Island
Hamza Chaudary was appointed by the First Circuit Court of Appeals to the Merit Selection Panel to assist with the selection of the next U.S. Bankruptcy Court Judge in Rhode Island. Following the announcement of the retirement of U.S. Bankruptcy Court Judge Diane Finkle, the Chief Justice of the First… Continue Reading
Carr Allison Attorneys Named by Super Lawyers®
We are excited to announce that 14 of the firm’s attorneys have been selected for inclusion on the 2024 Mid-South Super Lawyers® and Rising Stars® List! A Super Lawyers or Rising Stars selection is an honor reserved for those attorneys who exhibit excellence in practice. Congratulations to ALL! Carr Allison… Continue Reading
Super Lawyers 2024 Recognizes Six CCTB Attorneys
Copeland, Cook, Taylor & Bush, P.A. proudly announces that Greg Copeland, Ryan Perkins, and Jason Bush have been honored as 2024 Mid-South Super Lawyers, while Landon Kidd, Kyle Ketchings, and Ken Davis have been recognized as 2024 Mid-South Rising Stars by Super Lawyers magazine. Congratulations to each of these professionals… Continue Reading
15 QGT Attorneys Named Super Lawyers 2024
Quattlebaum, Grooms & Tull PLLC is pleased to announce that fifteen attorneys with our firm have been named to the Mid-South Super Lawyers list for 2024. Brandon B. Cate, Vincent O. Chadick, E. B. (Chip) Chiles IV, Joseph R. Falasco, Timothy W. Grooms, Michael B. Heister, Jeb H. Joyce, J. Cliff McKinney II, Joseph W. Price II,… Continue Reading
Cliff McKinney Selected For Arkansas 250
J. Cliff McKinney II, Managing Member of QGT, has again been chosen for the Arkansas 250, a prestigious list recognizing the state’s most influential and powerful business leaders. Published by Arkansas Business, the list highlights individuals making a significant positive impact on Arkansas through their leadership in business and community… Continue Reading
National State Employment Law Update
A roundup of employment law changes impacting employers in jurisdictions across the nation. Continue Reading
Geoffrey W. Millsom Named Chair of AP&S Litigation Department
We are pleased to announce that Geoffrey W. Millsom has been named Chair of the firm’s Litigation Department. Geoff is the Chairman of the Firm’s Banking and Financial Services Group. His practice focuses on complex litigation, business disputes, government investigations and employment issues in the banking, consumer finance, investment advisory… Continue Reading
Susan Leach DeBlasio Co-authored Lead Article in Rhode Bar Journal
Susan Leach DeBlasio, Senior Counsel at AP&S, and Daniel W. Majcher, Rhode Island Department of Administration, co-authored the lead article in the November/December 2024 issue of the Rhode Island Bar Journal. The article is intended to provide guidance to attorneys representing clients who would like to enter into contracts with… Continue Reading
Zwilling to Present Webinar – Let’s Talk Ethics: A Review of Common Ethical Issues in Legal and Employment Relationships
During this webinar, we will review the attorney/client privilege, work product doctrine and the duty to maintain confidentiality. We’ll also look at ethical obligations of clients with regard to the preservation of information and documents and participation in the discovery process. Next, we will turn our focus to the employment… Continue Reading
JSH Ranked Nationally, Regionally in Best Lawyers’ “Best Law Firms” List
Jones, Skelton & Hochuli, PLC is pleased to announce that our Appellate practice has risen to National Tier 2 and Metropolitan Tier 1 in the “Best Law Firms” rankings from U.S. News – Best Lawyers®, while 23 of the firm’s other practice areas were recognized in two locations at the… Continue Reading
QGT Ranked In 28 Practice Areas By Best Law Firms®
Quattlebaum, Grooms & Tull PLLC is pleased to share that we have been recognized in the 2025 edition of Best Law Firms®, a testament to our unwavering commitment to legal excellence. Ranked by Best Law Firms regionally in 28 practice areas, Quattlebaum, Grooms & Tull PLLC has distinguished itself in the legal industry,… Continue Reading
2025 “Best Law Firms” Ranks CCTB in 16 Practice Areas
Best Lawyers has released its fifteenth 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. For its 2025 regional rankings, Best Lawyers evaluated more than 17,000 law firms throughout the United States,… Continue Reading
Carr Allison Earns Best Law Firm Recognition for 2025
Carr Allison again has been named one of the Best Law Firms® by Best Lawyers®, for 2025. This recognition is based solely on peer review from leading lawyers within the same geographic and legal practice areas. Congratulations to our attorneys who continue to dedicate so much time and effort to… Continue Reading
Lashly & Baer Recognized as a Best Law Firm for 2025
Lashly & Baer, P.C. has been recognized in the 2025 edition of Best Law Firms® , a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms nationally in 1 practice area and regionally in 8 practice areas, Lashly & Baer, P.C. has distinguished itself in the… Continue Reading
Adler Pollock & Sheehan Ranked by Best Law Firms®
AP&S has been recognized in the 2025 edition of Best Law Firms®, a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms in 34 practice areas, Adler Pollock & Sheehan P.C. has distinguished itself in the legal industry, earning this prestigious accolade. Achieving a ranking in… Continue Reading
Arizona Court of Appeals Holds Arbitration Clause Did Not Apply to Third Party in Construction Case
RLI Insurance Co. v. National Construction & Development Inc.Arizona Court of Appeals Division II November 5, 2024 JSH Attorney: Justin Ackerman & Ashley Caballero-Daltrey In a written opinion last week, the Arizona Court of Appeals held that an arbitration clause did not apply to a third-party surety in a construction case.… Continue Reading
Three Professionals Join MRC
We are proud to welcome three professionals to the firm. Attorney Nasiba Bek has joined our healthcare team, practicing primarily in medical malpractice defense. Attorney Samantha R. Romano and paralegal Jessica Glickman have joined our complex litigation team, where they work on a variety of matters, including products liability defense.… Continue Reading
Arizona Supreme Court Holds That A Demand For “Policy Limits” Does Not Satisfy Arizona’s Notice of Claim Requirements
City of Mesa v. RyanArizona Supreme Court October 17, 2024 JSH Attorney: Justin Ackerman & Ashley Caballero-Daltrey The Arizona Supreme Court examined the issue of whether a demand for “policy limits” satisfies the “sum certain” requirement in the Arizona Notice of Claim Statutes and held that it does not. The case… Continue Reading
Congratulations to Christina and Chesney for their MSJ win!
Christina Hesse and Chesney Arend prevailed on a Motion for Summary Judgment involving a 42 U.S.C. § 1983 civil rights claim alleging a medical provider acted with deliberate indifference to plaintiff’s medical needs, in violation of the Eighth Amendment. Ms. Hesse and Ms. Arend argued the defendant medical provider did… Continue Reading
Attorney Andrew Bramman Named Up & Coming Attorney
Congratulations to Lashly & Baer attorney Andrew Bramman for receiving the 2024 Missouri Lawyers Media, Up & Coming award for his work in the Public Service sector. Click here to read his article. Lyndee Fritz, Brian Malone, Mrs. Grace Bramman, Andrew Bramman, Jeffrey Atkinson, Jim ReinertThe post Attorney Andrew Bramman… Continue Reading
Tom Wyatt Named DRI Young Lawyers Committee Chair
Thomas H. Wyatt has been announced as the Chair of DRI Young Lawyers Committee for 2024-2025. Tom currently serves as Vice Chair of the committee and will assume his new position at the conclusion of the DRI Annual Meeting on October 18, 2024. DRI is the largest international membership organization of attorneys… Continue Reading
Dewayne Lonas Presents at USLAW Conference
MRC shareholder Dewayne Lonas served as a panelist in a session titled “Finding a Fair and Impartial Jury” at the USLAW Fall Client Conference in Vancouver, BC, Canada. The presentation focused on how emotional appeals and various influencing factors can affect juror opinions, and provided best practices for countering these challenges… Continue Reading
Cliff McKinney Inducted Into American College of Mortgage Attorneys
J. Cliff McKinney was inducted as a Fellow of the American College of Mortgage Attorneys (ACMA) during its recent Annual Meeting in Chicago, Illinois. Established in 1974, ACMA is a distinguished organization comprised of experienced real estate finance attorneys across North America focused on fostering professional excellence, building reliable referral… Continue Reading
Duke Evett wins Motion for Summary Judgment in medical malpractice action!
Keely Duke and Marissa Brakes prevailed on a Motion for Summary Judgment involving a claim for medical malpractice, where they argued that Plaintiff’ standard of care expert did not meet the statutory foundational requirements of Idaho Code §§ 6-1012 and 6-1013. The District Court agreed that Plaintiff’s expert witness testimony… Continue Reading
The Evolving Test for Deliberate Indifference in Correctional Healthcare
By Taylor D. Brewer, Esq. In 1976, the United States Supreme Court established in the landmark case of Estelle v. Gamble the right to adequate health care for all incarcerated people. In creating this uniquely American right, the Court observed, “It is but just that the public be required to… Continue Reading
Welcome, Pronoma Debnath!
Duke Evett is pleased to announce Pronoma Debnath has joined the firm as an associate attorney. Pronoma can be reached at prd@dukeevett.com. Welcome, Pronoma! Continue Reading
8 JSH Attorneys Honored by Phoenix Magazine as Top Lawyers for 2024
Jones, Skelton & Hochuli, PLC is pleased to announce 8 firm attorneys were recognized in Phoenix Magazine’s 2024 Top Lawyers list. Phoenix Magazine, which honors top doctors, dentists, and realtors annually in the Phoenix area, listed these JSH attorneys across 6 practice areas in the publication’s recently released Top Lawyers… Continue Reading
Stewart Pollock Honored as Leader in the Law
MRC partner Stewart R. Pollock has been named to the 2024 class of Virginia Lawyers Weekly’s Leaders in the Law. Active in the defense bar and in our community, Stew is known as a tenacious advocate for our clients. He is creative, willing to tackle novel issues, and mentors other… Continue Reading
Summer Associates Return to JSH as Fall Law Clerks
Jones, Skelton & Hochuli is pleased to welcome back six of our 2023 Summer Associates: Colin Cantu, Matt Holt, Josie Jasmin, Melynda Meyrick, Grace Sluga, and Tyler Miller. They will be serving as Law Clerks until the July 2024 Bar Results are in and we can announce them as full-fledged Associates. Colin… Continue Reading
The Trifecta!
Congratulations Keely Duke, Josh Evett, and Molly Mitchell for Best Lawyers awards 2025. Fantastic job! Continue Reading
Congratulations, Keely Duke!
Keely has been selected by her peers for inclusion in the 31ˢᵗ edition of The Best Lawyers in America® for her expertise in: • Commercial Litigation • Litigation – Health Care • Medical Malpractice Law – Defendants • Personal Injury Litigation – Defendants • Professional Malpractice Law – Defendants Great… Continue Reading
Best Lawyers Recognizes Fourteen CCTB Attorneys; Glenn Taylor 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© 2025: Glen Bush (Energy Law | Oil and Gas Law) Greg Copeland (Bet-the-Company Litigation | Commercial Litigation | Insurance Law) Jason Marsh (Employment Law – Management | Litigation… Continue Reading
CCTB Participates in USLAW Network’s Spring Conference
Copeland, Cook, Taylor & Bush, P.A. Shareholders Eric Toney, Jim Moore and Ryan Perkins participated in the USLAW Network’s annual Spring Conference last week in sunny Phoenix, Arizona. Copeland Cook is honored to participate in the USLAW Network, in support of its mission of providing exceptional client service in all practice areas while developing strong working relationships… Continue Reading
Christopher Meredith and Ian Austin Recover $1.4 Million for CCTB Client
Shareholders Christopher Meredith and Ian Austin recently recovered more than $1.4 million, which included all principal and interest under a loan that CCTB client Sumrall Capital, LLC had made in 2010. The United States District Court for the Southern District of Mississippi granted summary judgment for Sumrall Capital on its… 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
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
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
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