News

The Fifth Circuit Court of Appeals has affirmed a Mississippi court’s decision in an employment discrimination case. Robert McCollum brought charges against Puckett Machinery Company claiming the company violated the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) by terminating his employment because his prostate cancer procedures would increase the cost of his employee health-care plan. Puckett asserts that McCollum was terminated because he showed up intoxicated to a sales meeting that happened a week before his second procedure.
Webb Sanders & Williams is proud to announce an early and critical victory on behalf of one of our clients, Singing River Health System (SRHS), in Federal Insurance Company v. Singing River Health System. The case is currently pending in the United States District Court for the Southern District of Mississippi.
Under a new federal court ruling, “features and functions” of software programs are not trade secrets, especially in cases where those with access do not have to sign a confidentiality agreement. Warehouse Solutions Inc., which has developed tracking software for UPS and Fedex, sued Integrated Logistics after its owner, a former employee of Warehouse, created and sold own software that based its visual features directly on Warehouse’s software.
The Department of Justice has issued a memorandum outlining “six key steps” it plans to take in order to hold individuals accountable for corporate fraud or misconduct. While some of these guideline are already practiced by the DOJ, some are new and reflect the DOJ’s focus on individual liability in white-collar prosecution. Click here to learn more about these “six key steps.” 
When Jeremy Alcede’s company was forced to file Chapter 11 bankruptcy, the court ordered him to hand over control of the Facebook and Twitter pages he had created for the company along with the passwords. Alcede refused stating that, since he created the pages, they were his personal property. The court ruled that, since the accounts bore the company’s name and linked directly to the company's website, they were property of the company under the Bankruptcy Code. Read more. 
According to the National Safety Council, the number of traffic deaths for the first six months of 2015 is 14% higher than the number of deaths for the first six months of 2014 which has resulted in $152 billion ininjuries and property damage and the loss of 19,000 lives. Experts are claiming that lower gas prices and cell phone usage are to blame.
A New Jersey state appeals court has ruled that the Borgata casino can regulate the weight of its cocktail waitresses, but is returning part of the lawsuit brought by the 21 servers to a lower court to determine if 11 of the women were subjected to a hostile work environment due to the standard. The waitresses at the Borgata also know as “Borgata Babes” are not allowed to gain 7% of their body weight without being fired.
 The Fifth Circuit Court Of Appeals has affirmed a jury’s decision that St. Paul Surplus Lines must pay Weiser-Brown Operating Company $ 2,290,457.03 in damages for the costs associated with the “loss of control” of an oil well Weiser- Brown operated in Lavaca County, TX. The Court said that St. Paul breached its policy when it failed to either accept or deny Weiser-Brown within 15 days. St. Paul claimed that  it did not receive invoices and other necessary documents from Weiser-Brown and was unable to make a decision before the 15 day deadline.
In a recent opinion, the Nevada Supreme Court responded to certified questions from a federal district court judge, and stated that a conflict of interest requires insurers to provide independent counsel for their insured. In the case of Hansen v. State Farm Mut. Auto. Ins. Co., 2013 WL 6086663 (D. Nev.), the court aligned itself with the majority view, applying the California rule laid out in San Diego Navy Fed. Credit Union v. Cumis Ins. Soc'y, Inc., 162 Cal. App. 3d 358, 208 Cal. Rptr. 494 (Ct. App. 1984).
The United States Court of Appeals for the Fifth Circuit affirmed the Northern District of Mississippi’s grant of summary judgment in favor of Mississippi State University (“MSU”) in a recent employment discrimination action. The action was brought by plaintiff, Dr.
The Mississippi Rule 12(b)(6) standard, and not the Federal 12(b)(6) standard, should be used when analyzing whether a state-court petition contains a sufficient pleading in a remand context.  An order released by the United States District Court for the Southern District of Mississippi in New Horizon Church Int’l v. Philadelphia Ins. Co., et al.
Allstate Insurance Company sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending they had in sought accident victims to make fraudulent claims in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Particularly, Allstate alleged that the defendants used aggressive telemarketing to recruit car accident victims and then groomed them to file false claims.
The Fifth Circuit recently decided whether Lexington Insurance Company was required to defend and indemnity LCS Corrections Services, Inc., a private prison operator, in a civil rights suit brought by the family of an inmate housed at one of its facilities. The inmate died in detention after the facility allegedly failed to provide him with his medication. The appeal arose from an insurance dispute regarding whether Lexington had a duty to defend and indemnify LCS against the claim by the inmate’s family.
The  United States Fifth Circuit Court of Appeals has revived portions of a lawsuit brought up by security guards on a Mississippi naval base. The federal court has overturned a Mississippi district court’s decision and has held that a jury should decide whether Securiguard In. should pay its guards for 30 minutes breaks that were reduced by mandatory travel time.
Bill Cosby asks federal judge to dismiss a lawsuit in which American International Group Inc. seeks to avoid paying for his defense against defamation claims made by women accusing him of sexual abuse. AIG claims the homeowner’s insurance policy issued to Bill cover for personal injury claims including defamation, but does not cover personal injury claims arising from “sexual, physical, or mental abuse.” Read more here.  
A New York appeals court has ruled that a former Major League Baseball umpire does not have the right to continue receiving workers compensation benefits after settling a medical malpractice suit. Read the full story here.
Drivers for San Francisco-based Uber Technologies Inc. have received class action status entitling them to expense reimbursements and the entire amount of any tips they received. This comes as no surprise to litigators who state that the law does not acknowledge any ambiguities a between contractors and employees. Read more here.
President Obama has issued the Establishing Paid Sick Leave for Federal Contractors Executive Order  requiring federal contractors to provide up to 56 hours of paid sick leave per year to their employees on new contracts entered into after January 1, 2017. Learn more here.
Some of the most dangerous threats to the protection of your intellectual property are your employees. Employees need access to confidential data to do their jobs but this creates security risks. Click here to find out how to protect your company from employee piracy or negligence.  
A court recently dismissed a case against a former employee of MBL (USA) Corporation accused of disclosing tooling, manufacturing methods, and customer lists MBL uses in producing and selling  urethane flat beds because the company failed to inform employees what information was confidential. Click here for a list of ways to  protect your trade secrets:

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