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  • Article

    Massachusetts Employer Alert: Termination For Submitting Personnel File Rebuttal Violates Public Policy

    On December 17, 2021 the Massachusetts Supreme Judicial Court held in Meehan v. Medical Information Technology, Inc.
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Greater Protections Against Wildfires Are On The Way

    The California Insurance Commissioner recently proposed a plan titled the California Fair Access to Insurance Requirements Plan ("FAIR Plan") to help ease the burden of homeowners in areas threatened by wildfires.
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Pennsylvania House Of Representatives Introduces Anti-indemnity Bill

    The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts.
    United StatesCorporate/Commercial Law
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    SCOTUS Halts Vax Or Test Rule For Large Private Employers But Lets Health Care Rule Take Effect

    In two opinions issued today, the U.S. Supreme Court put a hold on a federal rule requiring large employers to adopt a vaccine or test policy but allowed the Biden administration to enforce a similar rule...
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    It Just Became More Difficult For Plaintiffs To Scream ‘Counter-Offer'

    The California Court of Appeal for the Sixth Appellate District recently analyzed the issue of an agreed upon amount of a settlement and memorializing the settlement terms.
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Look Mom, No Hands!

    On January 22, 2018 a Tesla Model S slammed into a parked fire truck on California's 405 near Culver City.
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Massachusetts' Highest Court Holds That The Massachusetts Standard Auto Policy Covers Third-party Claims For Inherent Diminished Value To Repaired Vehicles

    In McGilloway v. Safety Ins. Co., the Supreme Judicial Court followed other jurisdictions in holding that part 4 of the standard Massachusetts automobile insurance policy...
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    California's View Of Arbitration Agreements Just Got More Complicated For Employers

    The California Court of Appeal in De Leon v. Pinnacle Property Management Services, LLC reviewed the issue of whether an employer's arbitration agreement was unconscionable.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Gauging The Effects Of Covid-19 On The Appellate Courts

    As Courts across the country closed their doors to in-person trials and hearings, concerns began to mount that the courts would be inundated with a backlog of trials...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Georgia Court Of Appeals To Decide Whether Relation Back Trumps Strict Construction Of Wrongful Death Statute

    In Mildred Toomer in her capacity as Administrator of the Estate of Milton Mcbride v. Metro Ambulance Services, Inc., Georgia Court of Appeals Docket No. A22A0160...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Unpublished Eleventh Circuit Opinion Affirms Florida Excess Insurance Carriers' "Substantial Compliance" With UM Coverage Requirement Is Sufficient To Avoid Liability

    On January 27, 2022, the Eleventh Circuit filed an unpublished opinion interpreting Florida law to the benefit of insurance carriers who provide umbrella UM coverage.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    NYC Employers Must Include Salary Range For Open Position Postings Beginning In April

    In a recent development concerning New York employment law, starting in April 2022, New York City employers with four or more employees must include a "salary range" for a position in prospective job postings.
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Legal Considerations For Stethoscope Hygiene In A New Era Of Infection Control (COVID-19)

    A recent article in American Heart Journal Plus: Cardiology Research and Practice discusses how stethoscopes may be implicated in medical malpractice lawsuits as a potential cause of healthcare-associated infections (HAIs).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Important Recent Decision Regarding Personal Jurisdiction Over Foreign Corporations

    The case involved a claim for monetary damages against an international cruise line regarding a cruise which was cancelled due to the Covid pandemic.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Georgia Sparks Further Cannabis Debate

    The legalization of cannabis continues to cause chronic concern in Georgia. Recently, the State of Georgia and Patsy Austin-Gatson, Gwinnett County District Attorney, were named as defendants in a suit challenging...
    United StatesCannabis & Hemp
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Congress Passes Bill Barring Arbitration Agreements For Sexual Harassment Claims

    Yesterday, a bill passed with overwhelming support in Congress that will significantly impact the ability of employers to enforce mandatory arbitration contracts when faced with sexual harassment claims.
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Massachusetts High Court Issues Two Important Wage And Hour Decisions

    The Massachusetts Supreme Judicial Court ("SJC") recently issued a pair of decisions clarifying potential damages under Massachusetts' wage and hour laws.
    United StatesEmployment and HR
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Pennsylvania Limits Risk Transfer For Snow And Ice Management Services

    Pending the signature of Governor Tom Wolf, Pennsylvania will become the 4th State/Commonwealth in recent years to pass some version of an anti-indemnity law relative to snow...
    United StatesGovernment, Public Sector
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    COVID Afflicted Cases Have Incubated Long Enough

    Recently, we examined one of the first rulings about the Georgia Supreme Court's Emergency Orders and their effect on a case's statute of limitations. In Owens, the Middle District of Georgia determined the addition...
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Supreme Court Clarifies Scope Of The "Transportation Worker Exemption" In The Federal Arbitration Act

    The airline sought to enforce the arbitration clause in the plaintiff-employee's employment contract.  
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary

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