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Alabama Supreme Court Authorizes Workers’ Compensation Settlement Approval Hearings Via Telephonic And Video Conferences

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On March 18, 2020, in the wake of the COVID-19 pandemic, the Alabama Supreme Court entered its “Administrative Order Concerning Workers’ Compensation Cases During the Suspension of In-Person Proceedings”.  The Administrative Order allows circuit court judges and Ombudsmen of the Alabama Department of Labor to approve any worker’s compensation settlement via telephonic or video conferencing….
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Covid Litigation Filed By Pregnant Employees

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Businesses continue to grapple with the realities of working during the COVID-19 pandemic and the quickly evolving legal landscape regarding returning employees to work. A number of new lawsuits related to pregnancy discrimination have been recently filed because COVID-19 can present an elevated immune and respiratory risk to pregnant women. In California, an employee alleged…
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Court Dismisses Case Seeking Epa Review Of Emissions Risks

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The U.S. District Court for the Northern District of California has dismissed a Clean Air Act (CAA) complaint asserting EPA must reassess risks of hazardous pollution sources whenever it requires technological upgrades for them.  Citizens for Pennsylvania’s Future et al. v. Wheeler, No. 19-cv-2004, 2020 WL 3481425 (N.D. Cal. June 26, 2020).  In a matter…
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Florida Appellate Court Holds Properly Perfected Claim Of Construction Lien Could Relate Back To Date Of Filing Of Notice Of Commencement That Was Not Signed By Property Owner Pursuant To 713.13(1)(G), Florida Statutes

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In Edwin Taylor Corp. v. Mortg. Elec. Registration Sys., Inc., the Florida District Court of Appeals, Third District, analyzed whether a subcontractor’s properly perfected claim of a construction lien could relate back to the date the general contractor recorded a notice of commencement that was not signed by the property owner for purposes of determining…
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Supreme Court Limits Securities And Exchange Commission’s Power Of Disgorgement

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For over 40 years, the Securities and Exchange Commission (SEC) has used disgorgement as a common enforcement tool. In securities enforcement matters, disgorgement requires wrongdoers to disgorge ill-gotten profits or commissions. The Ninth Circuit has stated that “disgorgement is designed to deprive a wrongdoer of unjust enrichment, and to deter others from violating securities laws…
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Alabama Department Of Labor Increases Maximum And Minimum Worker’s Compensation Rates

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On May 6, 2020, the Alabama Secretary of Labor, Fitzgerald Washington, determined, pursuant to Alabama Code Section 25-5-68(c), that the State of Alabama’s average weekly wage for 2019 was $920.07. Based on this determination, Steve Garrett, Director of the Alabama Department of Labor Workers’ Compensation Division, issued a memorandum on May 11, 2020 stating the…
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Sec Approves Finra Rule Change Applying Minimum Fees To Requests For Expungement Of Customer Dispute Information

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On February 7, 2020, FINRA filed with the SEC a proposed rule change to amend FINRA’s Code of Arbitration Procedure for Customer Disputes and Code of Arbitration Procedure for Industry Disputes to apply minimum fees to requests for expungement of customer dispute information.  The SEC recently approved this proposed rule change in an order dated…
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Florida Appellate Court Affirms Denial Of Attorney’s Fees To A Junior Interest Holder In A Construction Lien Enforcement Action Under Section 713.29, Florida Statutes

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In Decks N Such Marine, Inc. v. Daake, the District Court of Appeal of Florida, First District, considered whether a trial court’s award of attorney’s fees to a junior interest holder in a construction lien enforcement action was proper under Section 713.29, Florida Statutes (2018). 2020 WL 2507500 (Fla. 1st Dist. Ct. App. 2020). The…
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Texas Court Of Appeals Rules Certificates Of Merit Are Required If The Alleged Tortious Actions Originate, Stem Or Result From The Practice Of Engineering

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In Whitaker v. R2M Engineering, LLC, 2020 WL 2786941 (Tex. Ct. App, May 28, 2020), the Texas Court of Appeals held that plaintiff’s alleged damages arose out of the provision of professional services by a licensed or registered professional, triggering the Certificate of Merit requirements. Texas Department of Transportation (“TDOT”) hired R2M Engineering, LLC (“R2M”)…
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