ArticleMassachusetts High Court Provides Guidance On Responding To Suicidal StudentsThe duty imposed by the court is thus very limited. United StatesConsumer ProtectionSchnader Harrison Segal & Lewis LLP
ArticleDepartment of Labor Issues Final Rule on Pay – Substantially Raising Minimum Salary Threshold to Qualify for Overtime ExemptionThe minimum salary threshold for employees to be considered overtime "exempt" under the Fair Labor Standards Act ("FLSA") will double beginning Decem-ber 1 under a final rule announced this week by the U.S. Department of Labor.United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleEEOC Position On Criminal Background Checks Rejected AgainIn a 2009 action brought as a precursor to the EEOC’s 2012 Guidance on criminal background checks, the agency challenged the practices of an employer that selectively utilized criminal and credit background checks in the hiring process. United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleEn Banc 6th Circuit Returns To Practicality, Finding Regular And Predictable Attendance To Be Essential Function Of PositionIn late August 2014, the appellate court vacated the controversial panel decision and set it for review by the entire Sixth Circuit bench. United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleAre Federal Appellate Courts Growing Impatient With Procedural Errors? — Risks For Clients And Their CounselOn May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court's grant of partial summary judgment in a dispute about an indemnification agreement. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleCentral District Of California Decision Reminds Us That Sixth Circuit's Decision In Doe v. Etihad Airways Continues To Have Potential Adverse ConsequencesCentral District Of California Decision Reminds Us That Sixth Circuit's Decision In Doe v. Etihad Airways Continues To Have Potential Adverse Consequences.United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticlePA Superior Court Indicates That Filing A Motion For Compulsory Non-Suit Alone May Preserve The Right To Request JNOV After TrialPennsylvania lawyers must be alert to situations in which they may waive their appellate rights, especially where the requirements are murky. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleSettling Defendants Beware: Eleventh Circuit Holds Settling Insurer Liable For Failure To Protect Medicare Payments Made By Private InsurerAfter thousands of articles, seminars, and hours spent studying the MMSEA's requirements, Medicare no longer is the great concern it was. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleThe Third Circuit Holds That The Discovery Rule Does Not Apply To The FDCPA's One-Year Statute Of Limitations, But That The Doctrine Of Equitable Tolling Might Apply.In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations...United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP
ArticleRecent New York Decision Reaffirms Limits To Surety's Liability On A Delay Claim Made Under A Payment BondA recent decision by the Supreme Court, New York County, reaffirmed the law as it applies to important issues relating to a surety’s defenses to a claim for delay damages made under a payment bond. United StatesReal Estate and ConstructionSchnader Harrison Segal & Lewis LLP
ArticleFederal Law Preempts State Common Law Claims Against Former Owner Of Airliner Involved In Multi-Fatality Accident In CubaIn addition to suing the airline and the aircraft manufacturer, among others, the plaintiffs sued a former owner of the aircraft, Wells Fargo Trust Company. United StatesTransportSchnader Harrison Segal & Lewis LLP
ArticleWhat The Marine Corps Can Teach The Legal Profession About DiversityHaving just celebrated Memorial Day, I am reminded that the U.S. Marine Corps, some time ago, had a recruiting campaign that stated: "We do not join you, you join us - The Few.United StatesCorporate/Commercial LawSchnader Harrison Segal & Lewis LLP
ArticleCongress Extends COBRA SubsidyJust in time for the year-end holidays, Congress enacted the Department of Defense Appropriations Act, 2010 (the "2010 Act") tucked into which is an extension of the COBRA subsidy that was set to expire on December 31, 2009. United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleTen States Increasing Minimum Wage In 2013Multi-state employers must be attentive to increases in state minimum wages that tend to occur annually, as some states have laws that require annual increases based on the Consumer Price Index (CPI) and inflation. United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleSherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides In A Circuit Split Over How A Borrower Exercises Rescission Rights Under TILAIn a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleThe "Effective Vindication" Doctrine Is A Virtual Dead Letter After American Express Co. v. Italian Colors RestaurantThe groundwork for the Italian Colors decision was laid two years ago, in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticlePatent Prosecution Strategies Under The Smith-Leahy American Invents ActThe Smith-Leahy America Invents Act (Smith-Leahy Act) was passed by the Senate on September 8, 2011 and is expected to be signed into law by President Obama. United StatesIntellectual PropertySchnader Harrison Segal & Lewis LLP
ArticleUnionizing Your Company Could Become Much Easier Under The Employee Free Choice ActOne of the first pieces of labor legislation earmarked for action this spring is the Employee Free Choice Act (“EFCA”). United StatesEmployment and HRSchnader Harrison Segal & Lewis LLP
ArticleFTC Reaches Settlement On Charges Under The Fair Credit Reporting Act And FTC Act Against Seller And Buyers Of Consumer Financial InformationLast week, the FTC, Equifax Information Services LLC and a company and its affiliates that purchased and resold customer lists of consumers who were late on their mortgage payments, settled charges that the customer lists were bought and resold in violation of the FTC Act and Fair Credit Reporting Act. United StatesFinance and BankingSchnader Harrison Segal & Lewis LLP
ArticleA Federal Judge In Texas Permits Pre-service Removal By A Forum State DefendantArguing that the forum defendant rule prohibited a sole, forum-state defendant from removing a diversity action, the plaintiff moved to remand the case to state court. United StatesLitigation, Mediation & ArbitrationSchnader Harrison Segal & Lewis LLP