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Court Of Appeals Of Mississippi Holds That A Party Seeking To Compel Arbitration Has Not Invoked The Litigation Process When It Enters Default And Responds To Dispositive Motions With A Specific Reservation Of Its Right To Arbitration

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Court Of Appeals Of Mississippi Holds That A Party Seeking To Compel Arbitration Has Not Invoked The Litigation Process When It Enters Default And Responds To Dispositive Motions With A Specific Reservation Of Its Right To Arbitration

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The Mississippi Court of Appeals recently held that a general contractor that sought to compel arbitration in a breach of contract dispute between it and another contractor did not waive its right to pursue arbitration by invoking the litigation process, when it entered a notice of default (that it later agreed to withdraw) and defended…
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Climate Act Imposes New Fees On Methane Emissions From Oil And Gas Wells

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On August 12, 2022, Congress passed the Inflation Reduction Act, which includes $369 billion in spending on climate action. The Act introduces a “waste emissions charge,” which makes companies who produce, transport, or store oil and gas pay for methane that leaks from their facilities into the atmosphere. The charge will start at $900.00 per…
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CDC Issues New Guidance On Covid-19 Focusing On Individual Decision Making

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On August 11, 2022, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance regarding COVID-19 that emphasizes individual responsibility, rather than regulation by the government. The CDC states that the new guidance’s purpose is to help the public better understand how to protect themselves and others if they test positive for COVID-19 and…
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Application Of North Carolina’s Economic Loss Doctrine Is Hotly Debated Subject

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North Carolina’s version of the economic loss doctrine prohibits recovery for purely economic losses in tort, “for [a defendant’s] simple failure to perform his contract.”  In other words, where a party can sue for economic losses in a breach of contract claim, he is barred from also suing in tort for those same losses.  Nonetheless,…
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Finra Proposes Overhaul Of Expungement Process

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FINRA has proposed a new set of rule changes to overhaul the expungement process. The proposed changes have been sent to the SEC for approval. When discussing the proposed amendments, FINRA advised the proposal targeted “straight-in expungements” and are an attempt to modify the system so these expungements “operate as intended” and “work as a…
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Supreme Court Of Tennessee Reverses Lower Court’s Limitation Of Attorney’s Fees And Costs Award To A Homeowner

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In Donovan v. Hastings, the Supreme Court of Tennessee analyzed whether the trial and appellate courts properly limited an award of attorney fees and costs under Tennessee Code § 20-12-119(c) to a plaintiff homeowner to those incurred after the date an amended countercomplaint was filed by the defendant contractor. 2022 WL 12301177, at *1 (Tenn….
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Eleventh Circuit Upholds Administrative Exemption For Overtime Compensation

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The Eleventh Circuit Court of Appeals recently reaffirmed in Brown v. Nexus Bus. Solutions LLC, that the Fair Labor Standards Act (“FLSA”) allows an administrative exemption from overtime provisions. (11th Cir. Apr. 1, 2022). Traditionally, FLSA requires employees be paid overtime for all hours worked beyond 40 in a week. The rate of pay is…
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