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  • Article

    Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith'

    In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge's Order denying an insured's motion to amend the complaint to allege "bad faith."
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Massachusetts High Court Holds That Attorney's Fees Awarded Under G.L. C. 93A Are Not Covered Under Commercial Liability Insurance Policy As Damages "Because Of Bodily Injury"

    Liability insurance policies do not cover G.L. c. 93A attorney's fees in Massachusetts after a recent decision from the state's highest court.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Right Result. Right Reason? Kentucky Federal Court Considers Questions Of Intent Under Different Parts Of An Insurance Policy

    Can the same conduct be unintentional, under a broad reading of the word "intent," and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Name, Image, And Likeness (NIL): The New Business World Of Collegiate Sports

    NIL, which stands for name, image, and likeness, should now be a familiar term for anyone who follows college sports.
    United StatesMedia, Telecoms, IT, Entertainment
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    PFAS Legislation In 2021 And Impact In 2022

    Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals.
    United StatesEnvironment
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    New Jersey Appellate Division Finds No Nexus Between Retailer's Mode Of Operation And Grape On Store Floor

    In Jeter v. Sam's Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021), the New Jersey Appellate Division rejected a plaintiff's argument that the trial court erred in ruling that the mode...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Know When To Fold 'Em: Spotting The First Sign Of Troubled Credit

    All too often, we get recovery files months, sometimes years, after the tipping point when assets begin depleting faster than they can be preserved to maximize lender recovery.
    United StatesConsumer Protection
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Maine Healthcare Workers Challenging Vaccine Mandate Cannot Proceed Under Pseudonyms

    The healthcare workers challenging the constitutionality of Maine's COVID-19 vaccine mandate can no longer litigate their claims anonymously after the First Circuit Court of...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    From Property Damage Disputes To Employment Disputes, How The Supreme Court's Decision In Morgan v. Sundance Impacts The Fate Of Arbitration Clauses

    On May 23, 2022, the Supreme Court published its decision in Morgan v. Sundance related to the Federal Arbitration Act
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Chief Justice Of Georgia Supreme Court Announces Surprise Resignation; Governor Kemp Quickly Appoints Replacement

    The Chief Justice of the Georgia Supreme Court, David E. Nahmias, submitted a letter to Governor Kemp on February 11 announcing that he would be resigning from his position at the conclusion of the Court's term on July 17.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Proposed Amendments To Federal Rule Of Evidence 702

    The federal judiciary's Advisory Committee on Evidence Rules has proposed two significant amendments to Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony.
    United StatesGovernment, Public Sector
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    FINRA Seeks To Increase Control Over Expungement Of Customer Dispute Disclosures

    The information maintained in the CRD includes, among other things, customer complaints and other disputes be disclosed on a registered professional CRD record.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Owners And Contractors Beware: Massachusetts Appeals Court Strictly Interprets The Prompt Pay Act

    A recent decision by the Massachusetts Appeals Court in Tocci Building Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) has established precedent that the formal rejection requirements...
    United StatesReal Estate and Construction
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    New York's 2022 Comprehensive Insurance Disclosure Act Imposes Sweeping Changes To Defendant Insurance Disclosure Requirements

    On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the "Act").
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    FTC Expands Data Security Requirements For Financial Institutions With An Update To The Gramm-Leach-Bliley Safeguards Rule

    On October 27, 2021, the Federal Trade Commission ("FTC") announced an update to the rules implemented by the Gramm-Leach-Bliley Act expanding the definition of "financial institutions" ...
    United StatesPrivacy
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Belmora Seeks SCOTUS Review For The Second Time In Its Cross-Border Trademark Battle With Bayer Over FLANAX

    Belmora LLC has petitioned for writ of certiorari to the Supreme Court for a second time in a decades-long trademark dispute between Bayer Consumer Care AG and Belmora over their use of the FLANAX mark for over-the-counter pain relievers ...
    United StatesIntellectual Property
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    California Tort Law: Brown v. Taekwondo U.S.A. And The "No Duty To Aid" Rule

    Does a bystander have an obligation to come to the aid of another under California law? Under most circumstances, the answer is "no." A year ago, almost to the day, the California Supreme Court...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Persistent Risks And Regulations: New Health Advisories For PFAS

    On June 15, 2022, the EPA released health advisories for four PFAS compounds – PFOA, PFOS, GenX and PFBS. The new health advisories are significant for three reasons.
    United StatesEnvironment
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    The Age Of E-file: Lawyers Should Use Caution To Avoid Malpractice, Meet Deadlines In The Age Of Technology

    E-filing has radically changed the way we practice law. No longer are the days of finding parking near the courthouse and waiting your turn in line for the clerk.
    United StatesStrategy
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    California Just Enacted New Law To Increase The Wages And Standards For Fast-food Employees — And Opponents Are Already Trying To Stop It In Its Tracks

    On Labor Day, California's Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act ("the Act" or "FAST Recovery Act") into law.
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary

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