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  • Article

    NLRB Revives "Election Reform" Rulemaking

    Today, the National Labor Relations Board published a Notice of Proposed Rulemaking on amendments to its representation election rules and procedures.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    SDNY Judge Refuses To Approve Overbroad Use Of Social Media To Notify Members Of Opt-In Class Of Action

    In 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 HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Think Accessibility When Designing Your Webpage and Apps

    On 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 HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    U.S. Department Of Labor Announces Proposed Revision To Rule On Overtime Exemptions; Exempt Salary Threshold To More Than Double; No Immediate Action Needed

    The 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 HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    U.S. Department Of Labor Announces Proposed Revision To Rule On Overtime Exemptions; Minimum Salary To More Than Double

    The 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 HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Deficient Act 91 Notices Do Not Divest Pennsylvania Courts Of Subject Matter Jurisdiction To Hear Mortgage Foreclosure Actions

    Pennsylvania’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 Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Further Developments In The Presumption of Prudence

    The case law on ERISA’s "presumption of prudence" continues to develop.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    In Data Breach Case, Fifth Circuit Says New Jersey’s Economic Loss Doctrine Does Not Bar Negligence Claim By Credit Card Issuers

    In 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 Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    More On The Filed Rate Doctrine And Force-Placed Insurance

    Last 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 Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Plaintiffs Fail To Establish Equitable Tolling In Another Putative RESPA Kickback Case

    In 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 Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Eleventh Circuit Holds New Trial Not Warranted After Jury Found Plaintiff Ninety-Nine Percent At Fault For Injuries Sustained During Severe Turbulence

    Quevedo arose from a severe turbulence encounter on an international flight that allegedly seriously injured the plaintiff.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New Amendments To Federal Rule Of Appellate Procedure 6: Appeal In A Bankruptcy

    On December 1, 2014, amendments to various federal rules of practice and procedure took effect.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The United States Judicial Panel On Multidistrict Litigation Denies Motion To Centralize Four Lawsuits

    The forced landing killed both the pilot – Randall Hunter — and the plane's two passengers, William and Catherine Cocke.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Third Circuit Holds That Arguments Incorporated By Reference To Lower Court Briefs Are Waived

    The 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 & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

    Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Eastern District Of New York Dismisses Airline Passenger's Claims For Emotional And Psychological Injuries Allegedly Caused By Removal From Flight

    The first employee, however, would not permit the plaintiff to change seats and instructed him to return to his original seat.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Federal Court Strikes NTSB Report And Expert Opinion That Relied On It

    In 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 StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Louisiana Appeals Court Says Federal Aviation Regulations Do Not Impose Duty To Ensure Passenger Safety On Aircraft Lessors

    Cosey v. Flight Academy of New Orleans arose out of the fatal crash of a Cessna 172 aircraft during a commercial sightseeing tour.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Second Circuit Holds That Federal Aviation Act Field Preempts State Statute Barring Airport From Extending Runway

    Courts have long held that the Federal Aviation Act ("FAAct") impliedly preempts the entire field of air safety.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court To Decide Whether Federal Agency Rejection Of Proposed Warnings Preempts State Law Claims

    The 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 StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP

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