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Eleventh Circuit Rules That Federal Insecticide, Fungicide, And Rodenticide Act Does Not Preempt State Law Claims In Monsanto Roundup Litigation

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In Carson v. Monsanto Company, No. 21-10994 (11th Cir. 2022), the Eleventh Circuit ruled on July 12, 2022, that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) did not preempt a failure to warn claim brought under Georgia law. Plaintiff’s failure to warn claim arose from claims of malignant fibrous histiocytoma that he alleges was…
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North Carolina Affirms Rule That In A Lawsuit With Multiple Contractors, The Statute Of Repose Runs When Each Contractor’s Work Is Completed, Not When The Entire Project Is Completed

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In Gaston County Board of Education v. Shelco, LLC, 2022 WL 3363819 (N.C. App. Aug. 16, 2022), a North Carolina appellate court held that when a construction project involves multiple contractors, the statute of repose begins to run as to each contractor when its work is completed, rather than when the entire project is completed,…
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U.S. Department Of Labor Issues New Rule On Independent Contractor Status

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On October, 11, 2022, the U.S. Department of Labor (“DOL”) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (“FLSA”) or an independent contractor. The new rule significantly broadens the classification of workers as employees under the FLSA.  In January 2021, the DOL previously…
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New York Registered Representative First To Be Disciplined For Violating Reg Bi

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The Financial Industry Regulatory Authority has disciplined a formerly registered representative for violating Regulation Best Interest (“Reg BI”).  In a first-of-its-kind disciplinary action, Charles Malico of Huntington Station, New York, has been fined $5,000 and suspended for six months for “recommending a series of transactions in the account of one retail customer that was excessive…
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Federal District Court In Florida Holds Successor Architect Statute Does Not Release Original Architect From Liability

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In Hotels of Deerfield, LLC v. Studio 78, LLC, the Court held the Florida Administrative Code Section which confers “all professional and legal responsibility” to successor architects who reuse already sealed contract documents does not also release original architects from liability. Hotels of Deerfield, LLC and MHG Hotels, LLC (“Plaintiffs”) retained Studio 78, LLC and…
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Eleventh Circuit Enforces Employee Arbitration Agreement, Holding That The Agreement Was Not Unconscionable

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The Eleventh Circuit Court of Appeals recently reversed a District Court’s decision that an employment arbitration agreement was “procedurally unconscionable”. See Lambert v. Signature Healthcare, LLC, No. 19-11900 (11th Cir. July 8, 2022). Lambert was unemployed for six months and accepted a position with Signature Healthcare.  As a condition to her employment, she was required…
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Florida District Court Of Appeals Reverses Grant Of Summary Judgment To Developer That Challenged Development Density Ordinance Under Statutory Inordinate Burden Standard

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In a ruling on an interlocutory appeal, the Florida District Court of Appeal for the Fifth District recently reversed a summary judgment in favor of Waters Mark Development Enterprises, LC (“WMDE”) against Brevard County (“the County”) because  WMDE had not proven that the County’s residential development density standard constituted an inordinate burden on WMDE’s use…
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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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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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