News

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.
Two separate United States Court of Appeals Cases--one held in the Fifth Circuit, the other in the Eighth Circuit-- resulted in new implications on how pollution exclusion terms in insurance policies are analyzed and applied. The Eighth Circuit case, Travelers Property Casualty Company of America v. Klick, No.
Despite agreeing that a mandatory employment arbitration agreement issued to an employee at a Toyota dealership in Oakland, CA was both “disturbing” and “coercive”, California’s Court of Appeal, First Appellate District, was unable to find substantial evidence to dismiss the agreement in question in OTO, LLC v. Kho.
Famed New York-based “appropriation artist” Richard Prince is still facing a copyright suit by photographer Donald Graham after a federal judge refused to dismiss the lawsuit based on Prince’s fair use defense. No stranger to copyright infringement suits, Prince used a Second Circuit Court of Appeals opinion from a previous lawsuit brought against him in 2013 as reason to dismiss the suit. However, U.S. District Court Judge Sidney H. Stein felt that the “fair use” decision in 2013’s Cariou v.
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 v. 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 Judicial 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.

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