The Eighth Circuit for the U.S. Court of Appeals has upheld an $11 million judgment entered against two subsidiaries of Titan International (collectively “Titan”) by a lower court which ruled Titan had improperly sold contaminated buildings to avoid cleanup. United States v. Dico, Inc., No. 17-3462 (8th Circuit 2019). The Court’s holding affirms the lower…
Read More
In Ex parte Trusswalk, Inc., No. 2180266, 2019 WL 1415997 (Ala. Civ. App.), the Alabama Court of Civil Appeals reviewed a trial court’s order directing an employer to provide pain management treatment for a workers’ compensation claimant. In Trusswalk, an employee filed a lawsuit against his employer alleging a lower back injury resulting from a…
Read More
John Webb and Devon Rankin recently presented at the International Association of Special Investigation Units-Alabama Chapter’s (“IASIU”) March Training event in Birmingham, Alabama. John and Devon provided an overview of the mechanism investigators can use to obtain an insured’s cell phone records, including detailed cell cite locations, during their investigations. The discussion included common pitfalls…
Read More
FINRA recently announced a self-reporting initiative to promptly compensate harmed investors and promote firms’ compliance with the rules governing the recommendation of 529 savings plans. 529 plans are tax-advantaged plans that are designed to encourage saving for the future educational expenses of a designated beneficiary, and shares are commonly sold in different classes, with fees…
Read More
The United States Department of Labor (“DOL”) issued a long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Acts (“FLSA”) on March 7, 2019. The proposed rule raises the salary threshold for overtime eligibility from $23,660.00 to $35,308.00, or $679.00 per week. As such, employees earning under $35,308.00 a year must…
Read More
In Fatt Katt Enterprises, Inc. v. Rigsby Construction, Inc., a dispute arose between the general contractor, Rigsby, and one of its subcontractors, Fatt Katt, over Rigsby’s failure to pay Fatt Katt amounts allegedly owed under a construction contract. 2019 WL 972043 (11th Cir. 2019). Fatt Katt asserted Rigsby violated the State of Georgia’s Prompt Pay…
Read More
The United States Supreme Court has granted certiorari in County of Maui, HI v. Hawaii Wildlife Fund, et al., No. 18-260, a Ninth Circuit case, as to the question of whether the Clean Water Act (“CWA”) requires a permit when pollutants originate from a point source discharge, but are conveyed to navigable waters by a…
Read More
On March 21, 2019, the full en banc U.S. Court of Appeals for the Eleventh Circuit clarified that in order to establish a prima facie case of workplace discrimination through alleged preferential treatment of a comparator outside of the plaintiff’s protected class, a plaintiff must show that the alleged comparator is “similarly situated in all…
Read More
In John Rocchio Corporation v. Pare Engineering Corporation, 2019 WL 575822 (R.I. Feb 13, 2019), the Warwick Sewer Authority (“WSA”) contracted with Pare Engineering Corporation (“Pare”) to provide pre-bid services, including preparing a Request For Proposal (“RFP”) to be provided to general contractors submitting bids. Pare completed the RFP and WSA received bids from five…
Read More
The Georgia Supreme Court granted certiorari in Hughes v. First Acceptance Ins. Co. of Ga., Inc., 343 Ga. App. 693, 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured’s failure-to-settle claim. The Court also asked the parties to address…
Read More
Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.
Get In Touch