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.
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?