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Exclusivity Provisions Of The Workers’ Compensation Act Do Not Bar Claims Of Negligence And Wantonnes Against The Employer For Conduct Occuring After The Workplace Injury

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Exclusivity Provisions Of The Workers’ Compensation Act Do Not Bar Claims Of Negligence And Wantonnes Against The Employer For Conduct Occuring After The Workplace Injury

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In Ex parte Burkes Mechanical, Inc., 28 ALW 50-3 (1180402); 12/6/2019, 170-3 (2171022), 4/19/2019, the Employer, Burkes Mechanical, Inc., (Burkes Mechanical) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying its Motion to Dismiss claims of negligence and wantonness asserted against it by Employee Alexsie…
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Eleventh Circuit Dismisses Equal Protection Challenge To Alabama Minimum Wage Law

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After a recent Eleventh Circuit decision in Lewis v. Governor of Alabama 896 F.3d 1282 (11th Cir. 2018), the Eleventh Circuit Court of Appeals agreed to a full-court review to decide the validity of a 2016 Alabama Law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages. The law was…
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Court Holds That Subcontractor Cannot Recover For Unjust Enrichment From Client Owners

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The Middle District of Florida held that a client-owner was not unjustly enriched despite a subcontractor’s belief that the client-owner was undercharged by the general contractor. In Commercial Repairs and Sales, LLC v. Signet Jewelers Limited, Plaintiff Commercial Repairs and Sales, LLC (“CRS”) provided construction improvement and facility management. Defendant Signet Jewelers Limited (“Signet”) is…
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District Court Rules Epa’s Interpretation Of Clean Water Act Permitting Requirements Is Reasonable

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The United States District Court for the District of Massachusetts has ruled pollution from a Cape Cod resort that travels through groundwater into the Atlantic Ocean is not subject to Clean Water Act permitting requirements.  Conservation Law Foundation v. Longwood Venues & Destinations, Inc., No. 1:18-cv-11821 (November 26, 2019, D. Mass.).  The Complaint alleges treated…
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Finra Requests Comment On A Proposed Rule To Limit A Registered Person From Being Named A Customer’s Beneficiary Or Holding A Position Of Trust For Or On Behalf Of A Customer

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FINRA is seeking comments on a new rule proposal that would limit any registered person of a broker-dealer from being named a beneficiary, executor or trustee, or to have a power of attorney or similar position of trust, for or on behalf of a customer.  FINRA believes being a customer’s beneficiary or holding a position…
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Tenth Circuit Court Of Appeals Holds Ada Plaintiffs Do Not Need Expert Testimony To Prove Disability

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On November 8, 2019, a unanimous three-judge panel of the Tenth Circuit Court of Appeals issued an opinion in Tesone v. Empire Marketing Strategies holding that employees who sue their employers for violations of the Americans with Disabilities Act (“ADA”) do not necessarily need to submit expert medical testimony to establish they have a disability. …
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Tennessee Court Of Appeals Modifies Trial Court Ruling On Fees Owed Upon Delay Issue

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In E Solutions for Buildings, LLC v. Knestrick Contractor, Inc., et al., appellant E Solutions for Buildings, LLC (“E Solutions”) challenged the trial court’s award as it related to a subcontractor’s payments owed to E Solutions. 2019 WL 5607473 (Tenn. Ct. App. 2019). The case stemmed from the construction of the Centennial Sportsplex Indoor Fitness…
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Finra Publishes 2019 Report On Examination Findings And Observations

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On October 16, 2019, FINRA published its 2019 Report on Examination Findings and Observations (“The Report”). The Report essentially details observations from recent examinations of broker-dealer firms. In the past, broker-dealer firms have used these reports to anticipate potential areas of concern and improve their procedures and controls accordingly. The topics addressed in the 2019…
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New Hampshire Supreme Court Rules Statute Of Repose Applies To Indemnity And Contribution Claims Against Architects

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In Rankin v. South Street Downtown Holdings, Inc., 2019 WL 3562167 (N.H. Aug. 6, 2019), the New Hampshire Supreme Court addressed whether the state’s Statute of Repose applied to indemnity and contribution claims against architects, or only applied to claims for direct losses.  The Court found the statute did apply and imposes a time limit…
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