Searching Content indexed under Trials & Appeals & Compensation by Hunton Andrews Kurth LLP ordered by Published Date Descending.
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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 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
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
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 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: 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 Insurance Recovery Blog: Georgia Supreme Court Holds "Valid Offer" Necessary For Establishing Bad Faith Failure To Settle
The Georgia Supreme Court ruled this week that First Acceptance Insurance Co. need not pay a $5.3 million excess judgment against its insured
United States
27 Mar 2019
Third Circuit Again Refuses To Read Supreme Court's Henson Decision To Exclude Debt Buyer From Qualifying As "Debt Collector" Under FDCPA
In 2017, the Supreme Court held that a company that collects charged-off debts that it purchases for its own account does not qualify as a "debt collector" under one definition
United States
27 Mar 2019
Texas High Court Strikes Down Open Meetings Act Provision; New Bill Proposed
In a split decision, on March 1, 2019, the Texas Court of Criminal Appeals invalidated a significant provision of Texas's Open Meetings Act as unconstitutionally vague.
United States
21 Mar 2019
Hunton Insurance Recovery Blog: Wisconsin High Court Finds Duty To Defend Notwithstanding Fraudulent Conduct Falling Under Knowing Violation Exclusion
The Wisconsin Supreme Court held last week in West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc., that West Bend Mutual Insurance Co. ("West Bend") could not escape its duty to defend.
United States
19 Mar 2019
Hunton Employment & Labor Perspective: Federal Court "Tips" The Scale In Favor Of Restaurant Workers By Reviving 80/20 Rule
We recently highlighted DOL opinion letter 2018-27, which rescinded the 80/20 rule and was a welcome change for employers in the restaurant industry.
United States
7 Mar 2019
Supreme Court Vacates Deceased Judge's Key EPA Decision
This morning, the U.S. Supreme Court punted a key Equal Pay Act ("EPA") case back to the Ninth Circuit because the decision's author
United States
5 Mar 2019
Massachusetts Federal Court Continues With Expansive Reading Of 28 U.S.C. 1782
New Balance in turn objected to the petition and moved to quash the subpoenas or stay discovery.
United States
18 Feb 2019
The Nickel Report: Texas Supreme Court Holds Anadarko's $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits
Reversing a Texas Court of Appeals decision that allowed Anadarko's Lloyd's of London excess insurers to escape coverage for more than $100 million in defense costs incurred in connection with claims from the Deepwater Horizon well blowout
United States
8 Feb 2019
Hunton Retail Law Resource: Defense Owed For Product Recall And Insured's Related Affirmative Claims
Policyholders facing any type of products liability scored a win in a recent decision from the District Court for the Northern District of Illinois.
United States
7 Feb 2019
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