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CONSTITUTIONAL CHALLENGE REJECTED: TRACIA CARTER-SHEPHERD v. ROYAL FURNITURE COMPANY

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The case of Tracia Carter-Shepherd v. Royal Furniture Company and State of Alabama involved a constitutional challenge to key provisions of the Alabama Workers’ Compensation Act. The Background Tracia Carter-Shepherd (“the employee”) filed a workers’ compensation claim against her employer, Royal Furniture Company. The parties eventually reached a settlement agreement. The employee’s ultimate goal was…
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SEC CHANGES COURSE ON MANDATORY ARBITRATION CLAUSES

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On September 17, 2025, the Securities and Exchange Commission (SEC) issued a new policy statement clarifying the effect of mandatory arbitration clauses on its decisions to accelerate the effectiveness of registration statements. In doing so, the SEC confirmed that registration agreements containing mandatory arbitration clauses between issuers and investors will not impact decisions to accelerate…
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FLORIDA’S FOURTH DISTRICT COURT OF APPEALS HOLDS DAMAGES ARE BASED ON THE DATE OF BREACH IN CONSTRUCTION DEFECTS CASE

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In Vuletic Grp. L.L.C. v. Malkin, 418 So. 3d 627, 629–31 (Fla. Dist. Ct. App. 2025), reh’g denied (Sept. 9, 2025), the Appellate Court for the Fourt District reversed a trial court award of damages calculated nearly two years after Vuletic was terminated as the homeowner’s contractor.  In 2018, Spencer and Fran Malkin (the “homeowners”)…
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ELEVENTH CIRCUIT HANDS FREIGHT WORKER A LIFELINE ON HIS INTERFERENCE CLAIM

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On November 7, 2025, the United States Court of Appeals for the 11th Circuit held that a former freight handler for FedEx can move forward with his interference claim under the Family and Medical Leave Act (“FMLA”), partially reversing a ruling from the United States District Court for the Northern District of Alabama in James…
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EPA PROPOSES NEW RULES REDUCING SCOPE OF PFAS REPORTING REQUIREMENTS

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On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released a proposal to significantly narrow the scope of its per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), just two years after finalizing the original rule in October 2023. The 2023 rule requires manufacturers, including importers,…
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CLAIMS-MADE POLICY NOTICE REQUIREMENTS CLARIFIED IN THE ELEVENTH CIRCUIT – THE PRESUMPTION OF PREJUDICE

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The Eleventh Circuit recently solidified how the notice requirement works in claims-made policies by relying on the majority view of courts on this issue. In L. Squared Indus., Inc. v. Nautilus Ins. Co., the Eleventh Circuit affirmed summary judgment for Nautilus Insurance Company (“Nautilus”), holding that the failure to provide timely notice by the insured…
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EPA SUED OVER CANCELING $7 BILLION SOLAR PROGRAM

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On October 6, 2025, a group of plaintiffs filed suit against the EPA. Rhode Island AFL-CIO et. al. v. United States Environmental Protection Agency, No. 1:25-cv-00510 (D.R.I. filed Oct. 6, 2025). The Plaintiffs include the Rhode Island AFL-CIO, Rhode Island Center for Justice, Anh Nguyen, Solar United Neighbors, Sunpath Solar, 2KB Energy Services, Energy Independent…
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MISAPPROPRIATION EXCLUSION DOES NOT FORECLOSE COVERAGE IN MALPRACTICE CASE

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The Eleventh Circuit recently determined that a “misappropriation exclusion” did not wholly foreclose coverage in a malpractice lawsuit stemming from a law firm’s representation of defendants facing civil foreclosure in a RICO action. Medmarc Cas. Ins. Co. v. Fellows Labriola LLP, No. 25-10837, 2025 WL 2886733 (11th Cir. Oct. 10, 2025). In doing so, the…
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