In answering a certified question from the Fifth Circuit Court of Appeals, the Supreme Court of Mississippi interpreted the plain meaning of a contract between Chickasaw School District and Sullivan Enterprises, Inc. to apply a subrogation waiver to both work and non-work property. The question pertained to a contract between the school district and the contractor for window restoration work on Houlka Attendance Center in May 2015. Two months later a fire broke out during construction and destroyed the school.
A North Carolina policyholder filed suit against his homeowner’s insurance company after they calculated the Actual Cash Value (ACV) of his home’s repair by depreciating both property and labor costs. While the base policy neglected to define ACV, a separate roof coverage addendum stated the ACV would be determined by deducting depreciation from the cost to repair or replace the damaged roof.
When it comes to losing the ability to claim white collar exemptions apply to specific jobs employers’ application (or lack thereof) of their policies matter more than the policy itself. In a Fifth Circuit Court of Appeals case, Escribano v. Travis County, Texas, 947 F.3d 265, 274 (5th Cir.
Eastern Concrete operates rock quarries in New Jersey. Its parent company, U.S. Concrete, has its principal place of business in Texas, where two of Eastern Concrete’s officers reside. U.S. Concrete procured a commercial umbrella insurance policy with Great American Insurance Company through a Texas broker. The policy insured Eastern Concrete as well as other subsidiaries. In the summer of 2017, Eastern Concrete accidentally pumped rock fines into Spruce Run Creek and caused physical damage to the stream.
When YouTuber Kian Andrew Habib posted four videos he’d taken of the late artist Prince in concert, the Prince estate filed a lawsuit. Habib claimed he had the right to post the videos because the vantage point from which he shot the film constituted a transformative nature and that the videos were noncommercial because he didn’t seek to make money from them. The U.S. District Court disagreed. YouTube users and other digital content creators should pay attention to this case before assuming they understand copyright law.
American Kidney Fund, Inc., was served subpoenas as a third-party to a lawsuit in Maryland. As often happens, AKF bore the brunt of the costs of complying with those subpoenas. AKF then requested reimbursement for attorneys’ fees incurred in responding to those subpoenas. The Court determined that Rule 45(d)(2)(B)(ii) only protects a non-party when attorney fees result from the party’s compliance to a compelling court order. Since AKF complied without a compelling court order, the cost-shifting option was not available.
Cannabis business owners in the 33 states that permit some medical cannabis use and the 11 states and District of Columbia that have legalized the sale and recreational use of cannabis face unique challenges. One of those includes banking and insurance. Banks, financial services companies, and insurance companies shy away from doing business with the industry due to criminal and civil liability concerns because cannabis is still outlawed by US federal law.
In January 2020, the U.S. Department of Labor published the Final Rule which limits when employers, specifically a franchiser and its franchisees, can be considered to jointly employ workers under the Fair Labor Standards Act. The Final Rule goes into effect on March 16, 2020. It revises an Obama era policy that could have left franchisor corporations legally liable for unpaid overtime or minimum wages by their franchisees. The Final Rule uses a four-factor test to determine which entity has direct or indirect control of the employee.
As New York, New Jersey, Illinois, Wisconsin, Oregon, and Washington all consider implementing rules like California’s AB-5 to make it more challenging to classify workers as independent contractors, Tennessee moves in the opposite direction. A new law that went into effect on January 1, 2020, calls for the implementation of the classic 20-factor test. These factors offer employers flexibility within the law to structure business arrangements in a way that best meets the business’s and its employees’ needs.
Finding a reputable legal advisor is a top need for business owners and consumers. In today’s world, consumers rely on word-of-mouth and online ratings more than ever. When they 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. 
When Universal Truckload sent Dalton Logistics, a shipping broker, an Indication of Interest Letter, Dalton halted its plans to shut down the company. Over the next year, Dalton burned its assets to keep the company afloat as Universal Truckload made verbal assurances of a coming deal. As Dalton’s resources dwindled, Universal Truckload increased Dalton’s credit limit and provided their trucks for Dalton’s use on credit.
The Fifth Circuit Court of Appeals covers a lot of ground in this case between Communications Vertex Aerospace, LLC (L-3), its former Deputy General Counsel Courtney Paine Snider, and outside counsel Womble Carlyle Sandridge & Rice, LLP and Charles A. Edwards.
A Texas-based company recently agreed to a $2.6 million settlement with the EEOC on a failure-to-accommodate claim. The company employed food demonstrators and supplied those employees to its customers’ stores. Company rules dictated food demonstrators were only allowed to sit for 10 minutes every two hours, and the company made no exceptions for medical conditions that required more time to sit. The EEOC determined the actual duties of the position did not support its strict requirements.
Last year the Department of Labor (DOL) further defined how employees may take Family Medical Leave Act (FMLA) leave to care for children with a serious health condition. A mother requested FMLA leave to attend her children's<
Following a shooting at Cole’s Place, a bar in Kentucky, several injured bar patrons sued in state court, alleging tort claims.
A jury returned a $150,000 verdict for a plaintiff who broke a tooth on a small bone fragment in a Wendy’s hamburger. Following the verdict, the trial judge granted the defendant’s motion for a mistrial due to the plaintiff’s lawyer’s improper “reptile theory” closing and ordered a new trial. In the closing, the lawyer appealed to the jury to protect the community from harm to be caused by the hamburger chain’s potential future actions.
The Equal Employment Opportunity Commission’s most recent litigation over an employer’s use of applicants’ criminal history ended last month with a $6 million settlement. The national employer must also hire a criminologist to develop a new criminal background check procedure.
Since 2015, Cheeks v Freeport Pancake House, Inc., a case from the Second Circuit Court of Appeals, required settlements of federal wage and hour claims under the FLSA to be submitted for review and approval by the district court in order to obtain dismissal of the case with prejudice.
Sketchers finds itself in the hotseat again as Nike filed a lawsuit alleging infringement of Nike’s design patents. Specifically, Nike claims Sketchers’ Skech-Air Atlas, Skech-Air 92, Skech-Air Stratus and Skech-Air Blast designs are replicas of Nike’s VaporMax and Air Max 270 shoes. This isn’t the first time Sketchers has run into trouble with its competitors over copycat designs. Nike and its subsidiary Converse filed similar lawsuits in 2014 and 2016.
ZP No. 314, LLC first advertised it’s off-campus housing facility, One Ten Student Living, on its website in February 2016. Three months later it posted ads on social media. A competitor, ILM Capital, operated Campus Quarters, another off-campus housing facility. In the month of May 2016, ILM registered seven “One Ten” domain names and redirected web traffic to the domains to its own website. ZP sent multiple cease and desist letters, and ILM eventually complied.