In February of 2019, a team of lawyers from the ACLU filed an opening brief in a new Eleventh Circuit pregnancy bias action. This new action involves an Alabama EMT named Kimberlie Durham (“Ms. Durham”), who has sued her company for alleged pregnancy discrimination. She alleges that her employer did not assign her to a…
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In Alliance Investment Company, LLC v. Omni Construction Company, Inc., the Alabama Supreme Court was faced with analyzing who has the power to determine the location of an arbitration proceeding –the arbitrator or the Madison Circuit Court. 2019 WL 1219416 (Ala. 2019). In 2015, KPS, LLC (“Kroger”) entered into a contract (the “prime contract”) with…
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FINRA recently issued Regulatory Notice 19-10 presenting FINRA’s policy and guidance on how broker dealer firms should guarantee all communications with customers be fair, balanced, and not misleading, as required by FINRA Rule 2210, in the event of a registered representative’s departure. The Notice states that when faced with the departure of a representative, firms…
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In Waltman v. Engineering Plus, Inc., 2019 WL 1071533 (Miss. March 7, 2019), the Mississippi Supreme Court held that an engineering firm providing engineering services for a roof repair did not have a duty to warn a roofing company’s employee of a dangerous condition. Engineering Plus, Inc. (“Engineering Plus”) was retained by the Lauderdale County…
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In Ex parte Trusswalk, Inc., No. 2180266, 2019 WL 1415997 (Ala. Civ. App.), the Alabama Court of Civil Appeals reviewed a trial court’s order directing an employer to provide pain management treatment for a workers’ compensation claimant. In Trusswalk, an employee filed a lawsuit against his employer alleging a lower back injury resulting from a…
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John Webb and Devon Rankin recently presented at the International Association of Special Investigation Units-Alabama Chapter’s (“IASIU”) March Training event in Birmingham, Alabama. John and Devon provided an overview of the mechanism investigators can use to obtain an insured’s cell phone records, including detailed cell cite locations, during their investigations. The discussion included common pitfalls…
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FINRA recently announced a self-reporting initiative to promptly compensate harmed investors and promote firms’ compliance with the rules governing the recommendation of 529 savings plans. 529 plans are tax-advantaged plans that are designed to encourage saving for the future educational expenses of a designated beneficiary, and shares are commonly sold in different classes, with fees…
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The United States Department of Labor (“DOL”) issued a long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Acts (“FLSA”) on March 7, 2019. The proposed rule raises the salary threshold for overtime eligibility from $23,660.00 to $35,308.00, or $679.00 per week. As such, employees earning under $35,308.00 a year must…
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In Fatt Katt Enterprises, Inc. v. Rigsby Construction, Inc., a dispute arose between the general contractor, Rigsby, and one of its subcontractors, Fatt Katt, over Rigsby’s failure to pay Fatt Katt amounts allegedly owed under a construction contract. 2019 WL 972043 (11th Cir. 2019). Fatt Katt asserted Rigsby violated the State of Georgia’s Prompt Pay…
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The United States Supreme Court has granted certiorari in County of Maui, HI v. Hawaii Wildlife Fund, et al., No. 18-260, a Ninth Circuit case, as to the question of whether the Clean Water Act (“CWA”) requires a permit when pollutants originate from a point source discharge, but are conveyed to navigable waters by a…
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