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Hunton Employment & Labor Prespective : Court Rules: Continued Employment Supports Consent To Arbitrate
On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722
United States
3 Jun 2019
Hunton Employment & Labor Perspectives: Employer's Posting Of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement
On May 13, 2019, in Outokumpo Stainless USA, LLC v. N.L.R.B., No. 17-15498 (11th Cir.), the Court of Appeals for the Eleventh Circuit enforced an NLRB order finding that stainless steel producer
United States
30 May 2019
DOJ Announces New Guidelines For Awarding Cooperation Credit In The Resolution Of False Claims Act Cases
What Happened: On May 7, 2019, the Department of Justice (DOJ) announced an amendment to the Justice Manual (previously the US Attorney's Manual or USAM) adding a new section entitled "Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters
United States
29 May 2019
Hunton Employment & Labor Perspectives: Ninth Circuit Determines That Dynamex Independent Contractor Test Applies Retroactively To Franchisors
On May 2, 2019, the Ninth Circuit ruled in Vazquez v. Jan-Pro Franchising International, holding that the new independent contractor test established
United States
27 May 2019
The Role Of "Cost" Consideration In Regulatory Proceedings
In Michigan v. EPA, 135 S. Ct. 2699 (2015), the Supreme Court held that the cost of regulation is an essential factor that EPA must consider when deciding whether to regulate. Id. at 2707.
United States
23 May 2019
Hunton Insurance Recovery Blog: Ambiguous "Occurrence" Language Results In Payment Of Single Deductible Despite Multiple Assaults
The Scott Fetzer Co. v. Zurich American Insurance Co. matter involved a dispute over coverage for sexual assault claims against Fetzer. Three women filed suit against Fetzer,
United States
21 May 2019
Hunton Employment & Labor Perspective: Supreme Court Holds That Agreements To Class Arbitration Must Be Explicit
In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties.
United States
10 May 2019
Hunton Insurance Recovery Blog: Tennessee High Court Excludes Labor Costs From Insurer's Actual Cash Value Depreciation Calculations
The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation
United States
9 May 2019
Hunton Employment & Labor Perspectives: Massachusetts Supreme Judicial Court Settles Debate Over The Class Certification Standard For State Law Wage And Hour Class Actions
Earlier this month, the Massachusetts Supreme Judicial Court ("SJC") settled a long-standing debate amongst opposing parties in wage-hour class actions regarding the standard for class certification.
United States
7 May 2019
PipelineLaw: First Circuit Says No Statute Of Limitations Defense To Natural Gas Act Preemption Claim; FERC's Policy Of Encouraging Cooperation With Localities Creates No Enforceable Duty
In Algonquin Gas Transmission, LLC v. Weymouth Massachusetts, a First Circuit panel last month ruled that a statute of limitations defense is inapplicable to a Natural Gas Act (NGA)
United States
6 May 2019
Privacy & Information Security Law Blog: UK Supreme Court Gives Morrisons Permission To Appeal Data Breach Class Action
On October 22, 2018, the UK Court of Appeal upheld the High Court's decision that VM Morrison Supermarkets PLC ("Morrisons") was vicariously liable for a data breach caused by a disgruntled former
6 May 2019
Hunton Insurance Recovery Blog: Fifth Circuit Twice-Addresses Impact Of Master Services Agreement On Subrogation And Arbitrability Issues
On Wednesday, the Fifth Circuit found that Lloyd's syndicates may not subrogate against an additional insured and may not force that additional insured to arbitration.
United States
6 May 2019
Hunton Insurance Recovery Blog: Eleventh Circuit Rules That Insurer Must Defend Contractor Despite "Your Work" Exclusion, Where Damage Timing Unclear
The Eleventh Circuit has reversed an insurer's award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came
United States
1 May 2019
Insurer's Failed Subrogation Bid Has No Bearing On Merits Of Policyholder's Claim For Recall Damages
A recent First Circuit ruling underscores that a well-negotiated insurance policy can cover claims for which state law has no remedy.
United States
23 Apr 2019
Hunton Retail Law Resource: California Chamber Of Commerce Identifies First "Job Killer" Bills Of 2019
Each year, the California Chamber of Commerce ("Chamber") identifies proposed state legislation that the Chamber believes "will decimate economic and job growth in California."
United States
22 Apr 2019
Hunton Employment & Labor Perspectives: Supreme Court Overturns 9th Circuit, Holds That Equitable Tolling Does Not Apply To Rule 23(f) Appeals
Federal Rule of Civil Procedure 23(f) governs petitions for interlocutory appeals of orders that grant or deny class certification and requires that a petition for permission to appeal must be filed
United States
17 Apr 2019
Hunton Employment & Labor Perspectives: California Legislators Take Another Stab At Preventing Employment Arbitration Agreements
California has long been considered one of the most – if not the most – protective states of employee rights.
United States
16 Apr 2019
Hunton Insurance Recovery Blog: Michigan Federal Court Rules Advertising Injury Coverage Could Apply To Accusations Of Copyright Infringement
On March 22, 2019, a federal judge in Michigan found in Alticor Global Holdings, Inc. v. America Int'l Specialty Lines Ins. Co.
United States
9 Apr 2019
Hunton Employment & Labor Perspectives: D.C. Circuit Overrules National Labor Relations Board "Subgroup Majority Status Rule"
On March 12, 2019, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit declined to enforce a bargaining order against the University of Southern California ("USC") ...
United States
3 Apr 2019
Hunton Employment & Labor Perspectives Blog: California Appellate Court Says PAGA Claims Can't Be Compelled To Arbitration Without The State's Consent
In a recent case, Correia v. NB Baker Electric, Inc., the California Court of Appeal held that employers cannot require employees to arbitrate their representative claims under the California Private Attorney General Act of 2004.
United States
29 Mar 2019
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