A recent agreement between the United States(U.S.) and European Union(E.U.) addresses three areas of insurance oversight. However, the agreement has mixed reception among major U.S. insurance organizations with some claiming the agreement is a solution to an “invented problem” while others say the agreement could be used as a “backdoor” for foreign regulations to be forced on U.S. companies. To learn more about the agreement and how major U.S.
Five Florida-based attorneys and five accomplices were arrested September 6 on charges of unlawfully soliciting unassuming accident victims to make damages or personal injury claims with their insurance companies. The victims were then referred by the attorneys to a healthcare facility in exchange for cash kickbacks. The scheme “earned” the group more than $500,000 before it was shut down by authorities.
After an employee’s good looks sparked jealousy in one of her bosses, who happened to be married to the other boss, the employee was subsequently fired. The employee, who claimed she never acted inappropriately or did anything else to incur jealousy from her female co-employer, filed a suit against the employer and her husband.
The 5th Circuit Court of Appeals recently affirmed a state court’s decision that an insurance company’s appraisal award to a company who lost a gas station business in a fire was more than enough to cover the damages, and the award payouts to the benefit recipient were paid in a timely manner.
Tracy Brown, co-owner of Psalm 23 medical equipment company, was recently convicted of multiple medical fraud and kickback offenses perpetrated through her company. After her conviction, Brown filed an appeal challenging her sentence, which was partially based on an enhancement finding that she was a leader of a criminal organization involving five or more people.
A recent decision made by the 5th Circuit Court of Appeals affirms a previous ruling by a district court in a case regarding a motion by plaintiff, WD-40 Company, to compel arbitration between itself and defendant, IQ Products Company.
A Seventh Circuit Court of Appeals decision released on September 20, 2017, held that a requested three month medical leave is not a reasonable accommodation under the Americans with Disabilities Act(ADA). The Court instead noted that the ADA was not a medical leave statute and reasoned that ADA accommodations only apply if they actually help an employee work.
An Alabama court recently sided with a former Tuscaloosa police officer in a breastfeeding discrimination lawsuit against the City and Tuscaloosa Police Department. Officer Stephanie Hicks was denied a proper nursing room to pump breastmilk after returning to work from maternity leave and then treated unfairly by superiors for her request for breastfeeding accommodations mandated by the Pregnancy Discrimination Act.
A case certification decision by an Illinois trial court in a class action lawsuit case regarding off-the-clock work was recently reversed by an Illinois appellate court. The appellate court backed their reversal decision by claiming that plaintiffs in the lawsuit failed to prove the existence of a uniform mandate that required all employees to work off the clock. Instead, the court decided that each individual’s circumstance could not hold up in a class action suit without the court evaluating each employee’s situation separately.
With the rise of medical marijuana legalization in 29 states while federal law still prohibits marijuana possession and use, many legal states are conflicted on how to address possible discrimination in the workplace due to employee use of marijuana for medication. While some states have specific anti-discrimination provisions in place for medical marijuana patients, others declined to add additional provisions regarding employment.
After getting slammed with a class action lawsuit by fans claiming the LA Lakers had violated the Telephone Consumer Protection Act( TCPA) with the team’s use of an automated phone system, the famed Los Angeles basketball team asked their insurance company to defend them in the suit. However, an invasion of privacy clause within their contract with their insurance company prevented the insurer from accepting the Laker’s request for representation.
On September 13, 2017, Uber learned the U.S. Court of Appeals for the Federal Circuit had rejected the company’s argument for arbitration in the ongoing trade secrets misappropriation suit against the company, brought by Waymo, LLC. Learn why the Court rejected Uber’s request here. 
A recent decision by a New Jersey Appellate court tossing out a Best Buy employee arbitration agreement should serve as a lesson to employers to be clear and unambiguous when writing their own arbitration agreements: Learn more here. 
A second New York appellate court confirmed a ruling by New York State Supreme Court, Appellate Division, First Judicial Department (Manhattan and the Bronx), that home health employees should receive a full 24-hour paycheck for overnight shifts worked, including meal and sleeping times. For now, the decision applies only to “non-residential” employees.
Opening statements began September 18, 2017, in Tennessee for a wrongful termination suit brought by a former FedEx employee who says he was was fired after reporting alleged falsification in reports made by dispatchers. However, an attorney for FedEx claims the employee was fired for his own falsified reports. Read more here.
After being ordered to pay out nearly $600,000 in damages to a former employee by a unanimous jury in the now infamous “Mark of the Beast” trial, and then losing on appeal, Consol Energy is seeking help from the Supreme Court.
Three former female Google employees have filed a suit against the internet giant, citing sex bias for pay and promotions within the company. In the suit, the former employees claim that Google pays men more than their female counterparts performing similar jobs and that women are often placed in positions in which promotions are less likely to occur. Keep reading here to learn more.
In a lawsuit brought against a ferris wheel owner after three children were injured at the Tennessee Fair in 2016, the owner denies responsibility for the accident. Instead, the owner of Family Attractions Amusements, LLC says one of the injured girls is to blame, claiming that she rocked the gondola and caused the accident. However, multiple ride inspectors disagreed. Click here to learn more. 
In a rather unusual case, the U.S. District Court of the Northern District of New York was tasked with determining if damages sustained by property owners allegedly caused by a cadre of waterfowl were the result of accidental or intentional causes.  The property owners’ neighbor, a waterfowl enthusiast, owned a menagerie of waterfowl species, including native and domesticated ducks and geese.
The Risk Management and Insurance program at the University of Mississippi recently announced the 2017 Ole Miss Fall Insurance Career Day will take place on October 17, beginning at 1 pm. Webb Sanders & Williams, PLLC is proud to be closely associated with the RMI program and advisory board for over 20 years and encourages employers and students who are pursuing a career in risk management and insurance to attend.