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  • Article

    Requiring Public Employees To Pay Union Agency Fees Found Unconstitutional – Potentially Striking A Major Blow To Union Purses And Influence

    Unions typically calculate the agency fee as a percentage of the full union dues, and in Janus, nonmembers paid an annual fee that was 78 percent of full union dues.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    CFPB And Third Circuit Highlight Reporting Obligations Of Furnishers Of Consumer Information

    Consumer credit reporting is coming under increased scrutiny, and furnishers should take care to review their reporting policies.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Jesinoski v. Countrywide Home Loans: The U.S. Supreme Court Seems Ready To Hold That A Borrower’s Right Of Rescission Under TILA Need Only Be Exercised By Timely Notice, Not A Lawsuit

    On November 4, 2014, the U.S. Supreme Court heard argument in Jesinoski v. Countrywide Home Loans, the case that will decide whether a borrower can timely exercise the right of rescission under the Truth in Lending Act simply by sending written notice of intent to rescind to the creditor within the three-year period set forth in the statute, or whether the borrower must instead file a lawsuit within that time period.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    A Motion By Any Other Name . . . .

    Courts often note that they should avoid exalting form over substance when interpreting laws. Similarly, in construing legal filings, courts typically eschew reliance on document titles in favour...
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Nevada Federal Court Holds That The Air Carrier Access Act Does Not Establish A Private Cause Of Action For Discrimination Based On Physical And/or Mental Impairments

    Per the Complaint, the airline refused to let plaintiff fly on her scheduled flight and forced her to book another flight the following evening on five separate occasions.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pennsylvania Federal Court Denies Request For Witnesses To Testify Remotely At Trial Because The COVID-19 Pandemic Was No Longer Enough To Establish "Good Cause In Compelling Circumstances."

    The U.S. District Court for the Western District of Pennsylvania recently denied a motion in limine seeking to permit live testimony by video at a jury trial.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Of Pennsylvania Establishes New Requirement For Preservation Of Certain Jury-Instruction Errors In Civil Cases

    On August 21, a sharply divided Supreme Court of Pennsylvania held that a party to a civil case waives any challenge to a trial court's failure to give a proposed jury instruction if the party does not obtain an on-the-record ruling ...
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    White House Issues Proposal For FTC-Regulated Data Privacy Protection

    On February 27, 2015, the White House proposed legislation to protect consumers’ personal data and information that is collected and used by private companies and nonprofits.
    United StatesPrivacy
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Amendments To Philadelphia's Realty Transfer Tax Will Have A Significant Impact

    Recent amendments to Philadelphia's realty transfer tax will likely change the way commercial real estate is bought and sold.
    United StatesReal Estate and Construction
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Connecting University Of Pittsburgh Graduate Students With Israeli Innovation

    I am currently in Israel with the University of Pittsburgh Katz Graduate School of Business Israel Global Research Practicum, which I am co-teaching with Professor Paul Harper, PhD.
    United StatesStrategy
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Federal Court Finds ICOs May Be Securities For Purposes Of Criminal Prosecution

    For the first time, a federal court has determined that initial coin offerings ("ICOs") may be considered investment contracts for the purposes of a criminal securities fraud prosecution by the Department of Justice.
    United StatesTechnology
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Alaska Federal Court Excludes Evidence Of Not "Substantially Similar" Events To Prove Negligence Or Design Defect

    In a multi-fatality products liability case arising from the crash of a de Havilland DHC-3 Otter aircraft in Alaska in 2013, a federal district court in Alaska excluded evidence...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    An Airline That Registered To Do Business In Pennsylvania Is Subject To General Personal Jurisdiction In Pennsylvania, Says Federal Judge

    According to Pennsylvania statute, out-of-state corporations that register to do business in Pennsylvania consent to general personal jurisdiction in Pennsylvania.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Federal District Court Of Massachusetts Applies Montreal Convention To Claim Alleging That Airline Personnel Escorted Passenger Off Of Aircraft And Through Terminal

    A federal trial court in Massachusetts held that the Montreal Convention governs a passenger's claim against an airline that detained him on the aircraft and then escorted him through the terminal because the entire incident ...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Ninth Circuit Affirms Summary Judgment For Airline Where Passenger Failed To Establish Violation Of FARs.

    In Kropp v. United Airlines, Inc., the plaintiff alleged that she suffered an injury when her flight encountered turbulence.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Removal Based On Federal Issues Raised By Motion To Compel Pre-Crash FAA Records Deemed Proper

    This case arises from the crash of an Era Aviation S-76A++ helicopter in Louisiana, which resulted in the death of all three occupants, allegedly caused by the failure of the tail rotor designed and manufactured by Sikorsky.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Second Circuit Finds Montreal Convention's Preemptive Effect Extends To Claims Arising Under State Law

    In its opinion, the Second Circuit rejected NFI's argument that its claims did not fall within the purview of the Montreal Convention because they were for non-performance, not delay.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Southern District Of Alabama Reminds Aviation Insurers Of The Precarious Issues They Face When Deciding How To Handle Coverage Issues Arising Out Of A Crash

    Those of us who do coverage work, especially in aviation, understand the difficulties insurers face when coverage questions arise from aircraft accidents.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Trial And Appellate Courts Reach Different Conclusions On Coverage Available Following Mid-Air Collision Of Two Airplanes Covered By A Fleet Policy

    Two airplanes owned by a flight school, each occupied by two persons, collide over the Everglades.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Nonprofit Alert: New Tax Incentives for Hiring Unemployed Workers

    Nonprofit organizations that hire individuals who were previously unemployed or working only part-time may be eligible for two new tax benefits under the Hiring Incentives to Restore Employment (HIRE) Act:
    United StatesTax
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP

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