Interstate Fire and Casualty cited an assault and battery exemption in the Roman Catholic Archdiocese of Harford’s policy when it denied claims to reimburse the archdiocese for payments made to settle sexual misconduct cases. While most policies do not cover intentional acts, the archdiocese countered they did not know about the alleged assaults. The 2nd U.S. Circuit Court of Appeals in New York upheld a ruling in the archdiocese’s favor.
For 37 years, Donald Filosi worked for Electric Boat. When he was diagnosed with lung cancer after his retirement, he filed a claim for worker’s compensation due to his exposure to asbestos during his career. He passed away while his claims were pending. His wife also filed claims under the Longshore Act, which were heard prior to the worker’s compensation claims.
The National Council on Compensation Insurance (NCCI) categorizes mega workers’ compensation claims as those exceeding $10 million. Those claims jumped to 10 total claims in 2016, more than any of the previous 15 accident years. Medical costs account for 90% of mega claims costs with claimants experiencing multiple inpatient stays some lasting longer than three months.
In July 2014, Rondie Loveless, an employee at Cooper Tire and Rubber Company, began to experience pain in her right foot. For the next year, she sought medical treatment and submitted to two surgeries in order to find relief from the increasing pain. Although she eventually attributed the pain to her work which required standing on concrete floors for twelve-hour shifts, she did not initially know the cause of her pain.
Retired NFL football player, Richard Dent, sued the NFL on behalf of himself and other retired NFL players alleging “the NFL has distributed controlled substances and prescription drugs to its players in violation of both federal and state laws”. The district court initially sided with the NFL dismissing the case because the claims were preempted under Section 301 of Labor Management Relations Act (LMRA).
On appeal, the U.S. Court of Appeals for the Eleventh Circuit found the Americans with Disabilities Act (ADA) applies not only to tangible barriers preventing access to a business but also intangible barriers. In this case, the intangible barrier was the Dunkin’ Donuts website which was not compatible with the screen reading software used by Dennis Haynes, who is blind.
Earlier this month, the SEC Office of the Whistleblower issued the second-largest award in the history of the program. A second award of $15 million dollars brought this month’s total awards to whistleblowers to $54 million dollars.
Innovation and growth require businesses to work together with vendors, technology developers, design firms and others. Trade secrets pass between these entities as the work progresses. While most companies attempt to protect their trade secrets with a Non-Disclosure Agreement (NDA),  they do not ask the important questions about how the other party plans to protect those trade secrets. Unsure how your partners are handling your most sensitive data?
One day after Amy DeVoss, a flight attendant for Southwest Airlines took sick leave, the airline notified her of her FMLA eligibility. The notification included a deadline for FMLA application 15 days from that date, per Southwest’s policies. DeVoss never applied. A day after the application period ended she called to invoke a commuter policy in order to alleviate penalties for being late to work. Due to the nature of her flight, Southwest’s commuter policy did not apply. DeVoss then stated she was sick.
Nine months after DBG Partners, Inc fired David Hager, their Chief Financial Officer, the company terminated its Blue Cross Blue Shield health plan. At the time of his termination, Hager chose to continue receiving health insurance through the Consolidated Omnibus Budget Recovery Act (COBRA) under DBG’s ERISA plan.  DBG claimed to have sent notice to Hager, however, they mailed the letter to a previous address, when they showed knowledge of the current address, and Hager did not receive the notice.
When a JP Morgan Chase teller’s on-the-job errors cost her a job, she filed suit claiming younger tellers committed the same errors but remained in their positions. In discrimination cases, plaintiffs must provide comparator data to prove “they were treated less favorably than other similarly situated employees not in their protected class”.
In Mississippi, material misrepresentation to an insurance company applies if “knowledge of the true facts” might have changed an insurance company’s decision to provide coverage. Fifth Circuit Court of Appeals judges found attorney Jason Shelton and his law firm Shelton & Associates misrepresented their risk to be sued when applying for malpractice insurance in 2013.
When a company sought to prevent a former employee and her new employer from contacting its customer list, they expected to cover their basis with the general wording “any client or customer” the employee contacted over a five year period. The Dallas Court of Appeals ruled without a specific customer list the injunction is not compliant with Texas Rule of Law 683.
How does a remote employee define their worksite in relation to Family Medical Leave Act eligibility? According to FMLA, a personal residence does not qualify as a worksite. Instead, an employee’s worksite is the office to which they report or from which their assignments are made. Based on this qualification, remote workers whose reporting location claims fifty or more employees are eligible for FMLA.
AT&T customer Michael Terpin alleges in his suit against the telecom giant that a company employee aided a hacker in stealing nearly $24 million in cryptocurrency. He claims his phone number was transferred to a SIM card operated by a hacker who used the information to log into Terpin’s personal accounts.
Sketchers created two shoes, Onix and Cross Court, that adidas claims mimics their popular Stan Smith and uses the adidas Three-Stripe trademark. The Ninth Circuit Court found consumers would likely confuse Onix for Stan Smith thus causing irreparable harm to adidas. They overturned a district court’s ruling on Cross Court due to the absence of irreparable harm.
Alcorn State University hired Ernest Jones as head football coach in December 2007. The university hired Darren Hamilton as Athletic Director in April 2008. By all accounts, the men clashed early in their tenure. By December 2008, Jones sued the university for breach of contract and the implied covenant of good faith and fair dealing.
Vincent Castigliola and David Kiyhet, attorneys for the estate of Dane Eubanks, negotiated a settlement for all heirs of Dane Eubanks following his death. Those heirs included his siblings and half-siblings. The Chancery Court determined to divide the settlement equally among the heirs and awarded attorney’s fees to Castigliola and Kiyhet. Attorney’s fees from two heirs not represented directly by Castigliola and Kiyhet came into question.
A teacher who is a single leg amputee requested a teacher’s aide and a classroom on a lower floor as a disability accommodation. His employer, Associates for Renewal in Education (ARE), refused his request because he was able to complete his work without the accommodation although it caused him great pain. Find out why the D.C. Circuit Court denied part of a lower court’s ruling and what implications it could have on your ADA accommodation requests.
Does your company allow service or emotional support animals for employees? As of now, Title I of ADA fails to define what constitutes a service animal or whether it’s considered an undue hardship. Service animals, in comparison to emotional support animals, have received specific training to perform tasks for an individual with a disability. Emotional support animals require no training, but rather provide companionship to their owners.