Most cases involving allegations of workplace discrimination under the federal anti-discrimination statutes are first brought to light through a plaintiff’s filing of a Charge with the Equal Employment Opportunity Commission (“EEOC”). Through Title VII, Congress established a procedure requiring an individual seeking to file an employment discrimination claim to first file a charge with the…
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The SEC approved amendments to FINRA’s customer and industry arbitration rules to charge parties who request cancellation of a prehearing conference within three business days of the prehearing conference a $100 per-arbitrator fee. The amendment also provides for a $100 honorarium to each arbitrator scheduled to attend the cancelled prehearing conference. The fee applies even…
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The 6th U.S. Circuit Court of Appeals has ruled the Clean Water Act (CWA) does not apply to pollutants that travel through groundwater before entering navigable waters. Tennessee Clean Water Network, et al. v. Tennessee Valley Authority (TVA), Case No. 17-6155 (6th Cir., September 24, 2018). The ruling comes less than two weeks after a…
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In Stoneledge at Lake Keowee Owners’ Assoc., Inc. v. IMK Dev. Co., LLC, No. 2015-000417, 2018 WL 4905772, at *1 (S.C. Ct. App. Oct. 10, 2018), the South Carolina Court of Appeals affirms the trial court’s decision to deny a request for a directed verdict and allow the jury to determine whether or not the…
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The 4th U.S. Circuit Court of Appeals has ruled discharge of arsenic from a coal ash storage site through groundwater into surrounding waters does not violate the U.S. Clean Water Act and does not require a NPDES permit. Sierra Club v. Virginia Electric & Power Co., No. 17-1895 (4th Cir., September 12, 2018). A three-judge…
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In Forbes v. Prime Gen. Contractors, Inc., No. 2D17-353, 2018 WL 4265287, at *1 (Fla. Dist. Ct. App. Sept. 7, 2018), Florida’s Second District Court of Appeals rejected a trial courts decision to only consider benefit of the bargain damages, holding that in cases involving a material breach of the contract the non-breaching party has…
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In Suffolk Construction Co., Inc v. Rodriquez Quiroga Architects, et al., 2018 WL 1335185 (U.S. Dist. Ct., S.D. Fla. Mar 15, 2018), the United States District Court for the Southern District of Florida held that an architect and engineer breached owed a duty to the contractor by providing design plans which the contractor relied upon….
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Most cases involving allegations of discipline or discharge based on discrimination are brought under the disparate treatment theory. In a case of disparate treatment under Title VII, an individual initially establishes a prima facie case of intentional discrimination. In the Eleventh Circuit, a plaintiff may establish a prima facie case of discrimination by showing: (1)…
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The SEC recently approved a rule amendment to create an intermediate form of adjudication for small claims. The proposal amends Rules 12600 and 12800 of the FINRA Code of Arbitration Procedure for Customer Disputes and Rules 13600 and 13800 of the FINRA Code of Arbitration Procedure for Industry Disputes. The amendments provide parties with claims…
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Employee Joseph Fields, (“Fields”) filed a Complaint against his employer Sexton Lawn & Landscape, for workers’ compensation benefits relating to right leg and lower back injuries he allegedly received from a brown recluse spider bite on August 13, 2015, while in the course and scope of his employment with Sexton Lawn & Landscape. Fields claimed…
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