ArticleSCOTUS To Determine The Rights Of State Medicaid Agencies To Recover From Future Medical Expense SettlementsGallardo v. Marstiller was argued before the Supreme Court of the United States on January 10, 2022. United StatesFood, Drugs, Healthcare, Life SciencesFreeman Mathis & Gary
ArticleThe Connecticut Supreme Court Finds That The "Litigation Privilege" Extends To Claims Of "Bad Faith" Based Upon An Insurers' Actions During Litigation.The underlying lawsuit involved a rear-end motor vehicle accident between Plaintiff Dorfman and another party.United StatesInsuranceFreeman Mathis & Gary
ArticleAnimals At Large – Or, When The Cows Don't Come HomeImagine you are the owner of a farm in rural Georgia and were awakened by the knock on your door by a deputy sheriff who advised you that one of your cows had caused a motor vehicle accident. United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleCoverage Doesn't Stick In Teflon DisputeAt its Petersburg, New York plant, Tonoga, Inc. made products and materials coated with polytetrafluoroethylene, better known by its trade name, Teflon. Before 2013, when making Teflon...United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleGeorgia Governor Reinstitutes Non-Party ApportionmentGeorgia's "non-party fault statute," codified at OCGA § 51-12-33, was passed by the state's General Assembly as part of tort reform efforts in 2005.United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleMassachusetts Appeals Court Extends Protections Of The Statute Of ReposeIn an important recent decision, the Massachusetts Appeals Court has extended the protections of the Massachusetts Statute of Repose to a painter of parking lot markings.United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleMassachusetts Supreme Judicial Court Holds That Food Delivery App May Enforce Arbitration Agreement Against DriversOn July 27, 2022, the Massachusetts Supreme Judicial Court of ("SJC") held that food delivery app drivers do not fall within the narrow category of employees who are exempt from arbitration...United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleMore Action On The Apportionment Front In GeorgiaSince the time that the Georgia General Assembly enacted tort reform legislation in 2005, surely the most litigated element of the reforms put in place has been the provision for apportionment to non-parties that was contained in amended O.C.G.A. § 51-12-33. AUnited StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleU.S. Court Of Appeals Rules That Student "Snapchat Bullying" Is Not A First Amendment Protected ActivityIn the recent decision entitled Doe v. Hopkinton Public Schools, the U.S. Court of Appeals for the First Circuit rejected students' contention that posting abusive and embarrassing video...United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleTakeoff Of 5G Service Delayed Near Some U.S. AirportsThe largest airlines in the U.S. released a statement this week stating that the new 5G wireless service, if rolled out near airports, would interfere with aircraft technology and cause flight disruptions.United StatesMedia, Telecoms, IT, EntertainmentFreeman Mathis & Gary
ArticlePennsylvania Superior Court Clarifies Standard For Upholding Exculpatory ClausesIn the recent case of Keystone Specialty Services Co. v. Ebaugh, No. 1289 WDA 2020 (Pa. Super. Nov. 22, 2021 Olson, J., Nichols, J., and Collins, J.) (Op. by Collins, J.),United StatesReal Estate and ConstructionFreeman Mathis & Gary
ArticleMassachusetts' High Court Strikes Down Capital Gains Tax Levied Against Non-Domiciled Corporation On Statutory GroundsIn the recent case of VAS Holdings & Investments LLC v. Comm'r of Revenue, No. SJC-13139, 2022 Mass. LEXIS 204 (May 16, 2022), the Supreme Judicial Court of Massachusetts...United StatesTaxFreeman Mathis & Gary
ArticleA Word To Employers: EEOC Advises COVID-19 May Be A Disability Under The ADACOVID-19 and its related health conditions may now be considered a disability under the Americans with Disabilities Act ("ADA") and the Rehabilitation Act. On December 14, 2021...United StatesEmployment and HRFreeman Mathis & Gary
ArticleRecent Second Circuit Decision Demonstrates Importance Of Carefully Drafted Engagement LettersA recent decision issued by the United States Court of Appeals for the Second Circuit demonstrates the importance of having carefully drafted client engagement letters clearly defining the scope of an attorney's representation.United StatesFamily and MatrimonialFreeman Mathis & Gary
ArticleConnecticut Supreme Court Finds That Apportionment Of Prior Owners Of Property Following Drowning Death Of Minor Is ProperIn a unanimous decision, the Connecticut Supreme Court in Malisa Costanzo, Administratrix, et al v. Town of Plainfield, et al, SC 20537 (July 19, 2022)...United StatesLitigation, Mediation & ArbitrationFreeman Mathis & Gary
ArticleYou Can't Find Me Anymore: New Jersey Cracks Down On Employer TrackingEmployers take notice, effective on April 19, 2022, a new law prohibits New Jersey employers from tracking vehicles driven by employees without first providing written notice.United StatesTransportFreeman Mathis & Gary
ArticleA Month Into Recreational Cannabis Sales, NJ Employers Still Lack Guidance On Drugfree Workplace EnforcementNew Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales.United StatesCannabis & HempFreeman Mathis & Gary
ArticleExecutive Orders Issued During The Covid-19 Pandemic Did Not Create An Impossibility Or Cause Frustration Sufficient To Shield Restaurant Owner From Its Obligation To Pay RentThe Defendant asserted several special defenses including asserting the doctrines of impossibility of performance and frustration of purpose. United StatesCoronavirus (COVID-19)Freeman Mathis & Gary
ArticleWalmart Pregnancy Accommodation Ruling Puts Pressure On Congress To Act On The Pregnant Workers Fairness ActThe PDA does not guarantee accommodations for pregnant workers.United StatesEmployment and HRFreeman Mathis & Gary
ArticleOutbreak!: Why Insurance Claims Professionals Should Pay Attention To MonkeypoxMonkeypox was declared a national public health emergency by the U.S. Department of Health and Human Services on August 4, 2022, only the fifth time this has happened since 2009. United StatesInsuranceFreeman Mathis & Gary