Supreme Court To Rule On Legality Of Arbitration Agreements Precluding Collective Pursuit Of Claims By Employees

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Supreme Court To Rule On Legality Of Arbitration Agreements Precluding Collective Pursuit Of Claims By Employees

As anticipated in light of the split among the Circuits, the Supreme Court agreed to consider whether arbitration agreements in employment contracts may preclude collective pursuit of claims.  In a growing trend, employers have included what are effectively class action bans within employment arbitration agreements.  The collective action waivers protect employers from the high defense…
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Nevada Supreme Court Determines When A Notice Of Completion Is “Issued” For Purposes Of Commencement Of Actions Under Nrs 11.2055

In Dykema v. Del Webb Communities, Inc., No. 69335, 2016 WL 7626184 (Nev. Dec. 29, 2016), the Nevada Supreme Court clarified when a notice of completion is “issued” under NRS 11.2055(1)(b), which establishes the date of substantial completion for statute of repose purposes.  The Court determined a notice is “issued” when it is recorded, not…
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Court Of Appeals Of Kentucky Reverses A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Economic Loss Doctrine.

In D.W. Wilburn, Inc. v. K. Norman Berry Associates, Architects, PLLC, No. 2015-CA-1254-MR (Ky. Ct. App. Dec. 22, 2016), the Kentucky Court of Appeals reversed a lower court’s grant of summary judgment in favor of Third-Party Defendant K. Norman Berry Associates, Architects, PLLC, the architect hired by the Oldham County Board of Education to design…
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Reasonably Necessary Mileage Costs

On September 16, 2016, the Alabama Court of Civil Appeals released its decision in Page v. Southern Care, Inc., — So.3d —, 2016 WL4938180 regarding reimbursement of reasonably necessary mileage costs.         The employee in Page, found employment as a nurse out of state on a temporary basis in West Palm Beach, Florida and in Valdosta, Georgia.  She…
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Appellate Court Affirms Grant Of Summary Judgment Based On Illinois’ Contribution Act

 In Sandlin v. Harrah’s Illinois Corp., 2016 WL 4585932 (App. Ct. Ill. September 2, 2016), the Appellate Court of Illinois (the “Appellate Court”) affirmed a lower court’s grant of Summary Judgment for Cross-Claim Defendant Hnedak Bobo Group, Inc. (“HBG”)  dismissing Cross-Claim Plaintiff Harrah’s Illinois Corporation (“Harrah’s) claims for contribution.   In 1999, Harrah’s began construction of a…
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Colorado Appellate Court Holds The Statute Of Repose For A Subcontractor Is Triggered When That Subcontractor Substantially Completes Its Own Work

  In Sierra Pacific Industries v. Bradbury, 2016 WL 4699116 (Colo. App. September 8, 2016), the Colorado Court of Civil Appeals, Division I, upheld the district court’s entry of summary judgement in favor of a subcontractor on an indemnification claim for damages, costs and expenses related to an underlying construction defect claim brought by the condominium association…
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Eighth Circuit Refuses To Certify Class In Case Alleging Neighborhood Claims For Damages Arising From Toxic Tort Vapor Intrusion

In Ebert v. General Mills, 823 F.3d 472 (8th Cir. 2016), the United States Court of Appeals for the Eighth Circuit held the United States District Court of Minnesota’s entry of an Order certifying a proposed class of plaintiffs in an environmental pollution case was an abuse of discretion because “the class lacks the requisite commonality and cohesiveness…
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Nlrb Seeks Supreme Court’s Intervention To Resolve Circuit Split Over Enforceability Of Arbitration Agreements Prohibiting Class Action

The National Labor Relations Board filed a petition for certiori earlier this month asking the United States Supreme Court to consider the enforceability of class-action waivers in employee arbitration agreements.  The arbitration agreements at issue are those that require employees to waive their right to bring or join a class action, instead requiring the employees…
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Finra’s Recommendations For Expedited Arbitrations

 FINRA allows for expedited arbitration proceedings in cases involving senior and seriously ill parties.  While there is no specific rule within the Code of Arbitration Procedure, once FINRA determines that a matter involves an elderly or ill party, the case is flagged as an expedited case.  FINRA then endeavors to complete the arbitration process as quickly…
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Alabama Supreme Court Reviews Issues Relating To Course And Scope Of Employment, Finds Assault And Battery And Outrage Claims Are Barred By The Exclusivity Provision

An interesting decision concerning the course and scope of employment was recently issued by the Alabama Supreme Court, in Ex parte Lincare Inc. The Plaintiff in the action resigned from her employment with Lincare on June 6, 2014, and submitted a letter of resignation to her supervisor. After she presented her supervisor with the resignation letter, her…
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