When a jury awarded Dewayne Johnson, a school groundskeeper, $250 million in punitive damages against Bayer, the company requested the court overturn the award due to insufficient evidence and overly emotional arguments. The judge tentatively agreed to completely throw out the $250 million award, but reversed course and reduced the amount by $200 million. Find out what jury members told the press about their decision and what happens next. 
A little-known section of the American with Disabilities Act requires employers to not only allow accommodations related to a disabled employee’s job function but also to provide adjustments to allow them “equal benefits and privileges of employment” as employees without disabilities. One employer discovered this meant providing printed handouts in a large font or in advance of on-site meetings.
K.V.G. Properties leases commercial properties to various tenants. Four years into their lease, one of K.V.G.’s tenants was raided by the U.S. Drug Enforcement Agency on suspicion of illegally growing marijuana. The tenants caused significant damage to the leased warehouse in the process of their marijuana cultivation operation. K.V.G. initiated eviction of the tenants on the grounds they illegally grew marijuana. K.V.G. also filed a claim with its insurance for the damage resulting from the tenant's alterations to the property.
A Kentucky state agency’s requirement that all potential hires agree to private arbitration for employment disputes became the subject of a recent Kentucky Supreme Court decision to prohibit mandatory employment arbitration policies. How far and wide the ruling will apply remains uncertain. For now, Kentucky employers, public and private, should remove arbitration requirements from their conditions of employment.
Over the last year, we’ve curated multiple articles about companies losing legal battles due to their website’s lack of accessibility under the Amercian with Disabilities Act (ADA). As we advise our clients on ADA accommodations for their physical locations, we’re also concerned about the ADA accessibility of their websites.
If you want to find the best restaurant while you’re on vacation, you ask friends who’ve visited the same location. If you need a new physician, you look for recommendations from others with similar health problems. For consumers and attorneys who need to retain the services of a law firm in a specific field or geographic location, Martindale-Hubbell has been the trusted name in attorney ratings for more than 100 years. 
Berry Plastics Corporation produced an intermediate bulk container for its customer Packgen who then sold the container to one of its customers CRI Catalyst Company. The container produced promising results at first, leading Packgen to anticipate an increase in sales to multiple customers. Then the packaging failed leading CRI to cancel all orders and destroy the containers on hand without paying for them. Packgen sued Berry for $7.2 million and won in a jury trial.
Eight months after Apex Parks Groups purchased “key person” insurance for their CEO Alexander Weber, Jr., Weber died unexpectedly. Although Protective Life Insurance received Weber’s medical history prior to issuing the policy, Protective denied coverage. A jury trial in Alabama state court ruled for Apex awarding them the $10 million in benefits from the policy.
In a recent case, the Ninth Circuit Court of Appeals analyzed language in the Telephone Consumer Protection Act (TCPA) which “prohibits the use of an auto-dialer to send promotional text messages without the recipient’s consent”. Advancements in technology like smartphones have created difficulty for the courts in applying language written for the pre-smartphone world. The Ninth Circuit’s ruling effectively turns every smartphone into an auto-dialer.
Dr. Raymond Brovont filed a formal, written complaint with his supervisors over the understaffing of a local emergency room. Dr. Brovont worked for EmCare, which staffed and determined physician coverage at Overland Park Regional Medical Center and Centerpoint Medical Center in Independence, Kansas. Brovont’s supervisors gave him the option to resign or to be fired. He was terminated in January.
Following a scandal where Whole Food Market, Inc. mislabeled pre-packaged foods and overcharged consumers, a group of shareholders filed suit alleging the company defrauded them because the company and its executives knew about the weights-and-measures problems prior to it coming to public light. Two of the plaintiffs’ claims hinge on allegedly false statements made by Whole Foods.
Most insurance policies include a clause requiring the insurance company to defend and indemnify the policyholder should the policyholder become the target of a lawsuit that falls under the insurance company’s policy. When an Amco Insurance policyholder found itself in the crosshairs of a former employee, the policyholder tendered the claim to the insurance company but then settled the case without the insurance company’s knowledge or consent.
When Micheal Manuel, a former employee of Turner Industries Group LLC, became unable to work due to a disability, he claimed short-term disability under Turner’s plan insured by Prudential Insurance Company of America. He eventually applied for long-term disability but was denied due to a pre-existing condition that caused his disability. In addition, Prudential reversed its decision to pay short-term disability and demanded repayment.
Contrary to popular belief, Americans with Disability Act (ADA) applies to small businesses in addition to large corporations.
What happens when two people with the same name also have the same occupation? Dr. Jay K. Joshi, dubbed “the real Dr. Joshi”, discovered Dr. Jay Joshi imitated him by stealing reviews and giving press interviews. “The real Dr. Joshi” works as a pain management specialist in Chicago and his imitator used his reputation to open a pill mill. Although trademark laws can’t prevent someone from using their own name, “the real Dr.
When songwriter and music producer Mr. Johnson failed to property attribute collaboration of three songs to singer and songwriter Ms. Rakhmanova, she called him out on social media. Mr. Johnson filed defamation charges against Ms. Rakhmanova. In many of Ms.
The FAA estimates the purchase of 1.6 million drones this year. A proposed bill in Congress would impose new regulations including height restrictions. Lawmakers called for the bill after reports of drones impeding commercial aircraft. Read more about the restrictions here.  
NAD monitors claims made in national advertising campaigns. When the organization requested substantiation from Buzzfeed about products listed in its shopping guide, Buzzfeed claimed the shopping guide fell outside NAD’s jurisdiction because it constituted editorial content not paid advertisements, even though some of the products listed used affiliate links. NAD agreed. However, their agreement comes only because Buzzfeed separates their editorial and business departments which prevents the presence of affiliate links from swaying decisions of the editorial team.
Jimmy Johns, a fast food franchise, operates, as many franchises do, with their franchisees owning and operating each franchise as independent businesses. Jimmy Johns employs business coaches to ensure franchisees maintain brand standards which may include guidance on hiring and discipline of employees. When a group of assistant store managers (ASM) sued the franchise for misclassification, a district court found the franchise was not a joint employer of the ASMs. This ruling is good news for franchisors, but not all courts view the relationship as entirely independent.
State Farm began testing drones for use in insurance adjustments in 2012 and currently uses unmanned aerial vehicles (UAV) for inspecting single roofs. Following Hurricane Florence, the FAA granted the insurer a waiver to operate a specific drone on long-range flights flying above people in order to assess hurricane damage.