ArticleNLRB Revives "Election Reform" RulemakingToday, the National Labor Relations Board published a Notice of Proposed Rulemaking on amendments to its representation election rules and procedures.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleSDNY Judge Refuses To Approve Overbroad Use Of Social Media To Notify Members Of Opt-In Class Of ActionIn the court's view, instead of targeting interns and directly notifying them of the litigation, the plaintiffs proposed to publicize it primarily to persons with no material connection to the lawsuit.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleThink Accessibility When Designing Your Webpage and AppsOn June 13, 2017, Judge Robert N. Scola Jr. of the United States District Court for the Southern District of Florida ordered Winn-Dixie Stores, Inc. to make its website accessible by persons with disabilities, including those who rely on screen readers and other adaptive software.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleU.S. Department Of Labor Announces Proposed Revision To Rule On Overtime Exemptions; Exempt Salary Threshold To More Than Double; No Immediate Action NeededThe U.S. Department of Labor posted an announcement on its website this morning that its much anticipated proposed rule to curtail existing overtime exemptions had been approved for publication in the Federal Register...United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleU.S. Department Of Labor Announces Proposed Revision To Rule On Overtime Exemptions; Minimum Salary To More Than DoubleThe U.S. Department of Labor posted an announcement on its website this morning that its much anticipated proposed rule to curtail existing overtime exemptions had been approved for publication in the Federal Register as a Notice of Proposed Rulemaking (NPRM), and would be published soon.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleDeficient Act 91 Notices Do Not Divest Pennsylvania Courts Of Subject Matter Jurisdiction To Hear Mortgage Foreclosure ActionsPennsylvania’s Homeowner’s Emergency Mortgage Act requires a mortgagee that intends to foreclose on a residential mortgage to send a notice advising the delinquent homeowner that he has "thirty days to have a face-to-face meeting with the mortgagee who sent the notice or a consumer credit counseling agency to attempt to resolve the delinquency." United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleFurther Developments In The Presumption of PrudenceThe case law on ERISA’s "presumption of prudence" continues to develop.United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleIn Data Breach Case, Fifth Circuit Says New Jersey’s Economic Loss Doctrine Does Not Bar Negligence Claim By Credit Card IssuersIn 2008, hackers compromised the network of Heartland Payment Systems, a company that processes credit card transactions, and obtained access to the personal data of millions of credit card holders. United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleMore On The Filed Rate Doctrine And Force-Placed InsuranceLast week, we reported on a decision out of the Southern District of New York holding that the filed rate doctrine does not apply to force-placed insurance rates because they are "secondarily billed" to the borrower. United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticlePlaintiffs Fail To Establish Equitable Tolling In Another Putative RESPA Kickback CaseIn Riddle v. Bank of America, a judge in the Eastern District of Pennsylvania just granted summary judgment against the plaintiffs in a case alleging that banks and mortgage insurers participated in a "scheme" to pay purported kickbacks in violation of the Real Estate Settlement Procedures Act (RESPA). We have discussed other similar cases in prior posts on this blog.United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleEleventh Circuit Holds New Trial Not Warranted After Jury Found Plaintiff Ninety-Nine Percent At Fault For Injuries Sustained During Severe TurbulenceQuevedo arose from a severe turbulence encounter on an international flight that allegedly seriously injured the plaintiff. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleNew Amendments To Federal Rule Of Appellate Procedure 6: Appeal In A BankruptcyOn December 1, 2014, amendments to various federal rules of practice and procedure took effect.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleThe United States Judicial Panel On Multidistrict Litigation Denies Motion To Centralize Four LawsuitsThe forced landing killed both the pilot – Randall Hunter — and the plane's two passengers, William and Catherine Cocke. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleThird Circuit Holds That Arguments Incorporated By Reference To Lower Court Briefs Are WaivedThe district court did not address the matter but the appellant argued that it was ripe for the Third Circuit's consideration because it was subject to de novo review. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleUpcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are ConsolidatedConsolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleEastern District Of New York Dismisses Airline Passenger's Claims For Emotional And Psychological Injuries Allegedly Caused By Removal From FlightThe first employee, however, would not permit the plaintiff to change seats and instructed him to return to his original seat. United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleFederal Court Strikes NTSB Report And Expert Opinion That Relied On ItIn Olympic Air, Inc. v. Helicopter Tech. Co., the District Court for the Western District of Washington struck a National Transportation Safety Board report and portions of an expert's declaration that relied on it.United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleLouisiana Appeals Court Says Federal Aviation Regulations Do Not Impose Duty To Ensure Passenger Safety On Aircraft LessorsCosey v. Flight Academy of New Orleans arose out of the fatal crash of a Cessna 172 aircraft during a commercial sightseeing tour. United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleSecond Circuit Holds That Federal Aviation Act Field Preempts State Statute Barring Airport From Extending RunwayCourts have long held that the Federal Aviation Act ("FAAct") impliedly preempts the entire field of air safety. United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleSupreme Court To Decide Whether Federal Agency Rejection Of Proposed Warnings Preempts State Law ClaimsThe Supreme Court recently heard oral argument in Merck, Sharp & Dohme Corp. v. Albrecht, a case that may foreshadow the Court's position on whether aviation manufacturers may claim FAA preemption in the face of state law claims. United StatesTransportSchnader Harrison Segal & Lewis LLP