News

The Global Centers of Insurance Excellence(GCIE) has recognized the University of Mississippi’s Risk Management and Insurance program as being among the top 12 in the United States, as well as one of the top 20 programs worldwide. Webb-Sanders-Williams is proud to be closely involved with Ole Miss’s RMI program for nearly 20 years, including active participation on the Risk Management and Insurance advisory board.
Webb Sanders & Williams, PLLC announces Mid-South Super Lawyers has once again honored member Dan Webb as part of their 2017 list of attorneys recognized by their excellence in practice. This is Webb’s 10th year in a row to be selected for this honor.
  Webb Sanders & Williams, PLLC member Dan Webb was recently selected to appear on America’s Top 100 Attorneys in Mississippi list. Webb is one of the first 41 attorneys selected in the State of Mississippi for this prestigious list.
A federal court recently backed an insured company in a case against their insurers for denying benefits after a nearly $5 million email scam theft. In Medidata Solutions vs. Federal Insurance Co., Medidata contended their insurance policy with Federal Insurance did in fact cover their losses in the company’s crime policy with the insurer, which the insurance company originally denied.
During the recent 9th Circuit Court Conference held in San Francisco, a panel comprised of legal experts urged trial judges to become more skeptical regarding forensic evidence. Though many believe forensic evidence is reliable and mostly infallible, experts disagree. Read more about the discussion here.   
Last week, a federal judge in Florida ruled in favor of the plaintiff in an Americans with Disabilities Act trial, marking a historical victory as the first win in a case such as this. The decision was based largely on the plaintiff’s expert witness, who testified that Winn-Dixie’s website did not accommodate visually-impaired users who must use a screen reader to read online.
In a letter to law expert Littler Mendelson, an employer in Iowa asked if they should accommodate one employee’s rather unusual request to bring her pet pig to work for “emotional support.” The employer stated concerns that the employee works in a factory, and that a pet pig may cause an upset among other employees. Mendelson explains in his response to the employer why the employee may very well have legal rights to bring their pet to work.
On June 12, The Fourth Circuit Court denied Consol Energy, the defendant in EEOC v. Consol Energy, three post-verdict motions after a jury ruled in favor of the plaintiff in a rather unusual employee religious discrimination trial.
Three employees of EmCare, Inc, filed wrongful termination claims after being fired just six weeks after submitting formal complaints of sexual harassment in the workplace. EmCare appealed the judgement regarding one employee, Luke Trahan. EmCare claimed the Equal Employment Opportunity Commission failed to present sufficient evidence of a causal link between Trahan’s protected activity and termination.
Sunwest Metals Inc. sued its insurance carrier Star Insurance Co., a unit of Meadowbrook Insurance Group, after the company refused to pay for fire damages. Star claimed Sunwest misrepresented itself on the insurance application. The U.S. District Court granted judgement in favor of Sunwest because Star failed to fully investigate evidence in its possession that implied Sunwest gave false information on the insurance application.
Kidnap and ransom (K&R) policies are often used by global companies to provide protection for staff in unsafe areas of the world. In the last year and a half, many K&R insurance companies are seeing claims on these policies due to ransomware attacks on computers like the most recent WannaCry attack. Outside of the United States, companies have been slow to take out cyber insurance due to expense and a lack of belief it’s needed.
C.S. Osborne & Co. Inc, suffered damages in excess of $1 million from Superstorm Sandy. The company’s flood insurance policy, however, only covered $1 million of those damages.Osborne sued its insurance broker Bollinger, Inc. for professional negligence.
A year ago, the Defend Trade Secrets Act (DTSA) allowed for trade secret litigation in federal court. A review of DTSA cases in California over the last 12 months offers a glimpse into how the law has affected trade secret litigation. One of the unique aspect of the DTSA is the ability to seek an ex parte order to seize stolen trade secrets.
Since 1991 the Fifth Circuit Court has relied on it’s decision in Pierre v. Conn. Gen. Life Ins. Co. of N. Am. as its standard of review in ERISA cases. The court held that standard of review last month in Ariana M. v. Humana Health Plan of Tex.
An employee of The Rawlings Company LLC took Family Medical Leave Act leave to address acute mental health problems. She alleges that when she returned two lower level supervisors exhibited bias against her for her leave. They were allegedly responsible for influencing the decision to demote the employee and ultimately have her terminated.
The Working Families Flexibility Act, passed by the House of Representatives in early May, would amend the Fair Labor Standards Act (FLSA) to allow private sector employees to “bank” overtime hours as comp time for later use. Employees who wish to roll their overtime wages into comp time must have a written agreement with their employers.
State Farm Fire and Cas. Co. v. Flowers, 854 F. 3rd 842 (5th Cir. 2017) (Mississippi Law). 
Joseph Palmarozzo signed a non-competition, non-solicitation and non-disclosure employment agreement when he became branch manager of ABM Industry Group. When he left that company to join a smaller company with similar services, ABM filed suit to prevent him from competing against ABM and from soliciting its customers. The Massachusetts Superior Court found ABM had no legitimate business interests at stake in enforcing the non-compete. The Court also found while Palmarozzo knew a lot about ABM’s company structure, that information was not confidential to the company.
When the sole owner of JackedUp, a start-up energy drink company, signed a licensing agreement with Sara Lee he expected a five to eight-year relationship. The agreement allowed Sara Lee to manufacture and sell the JackedUp products while providing royalties to JackedUp. Within a month of signing the agreement, Sara Lee announced the sale of its North American Beverage Division to Smucker. The licensing agreement with JackedUp would not be part of the sale.

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