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Rhode Island Supreme Court Rules Engineer That Prepared Documents For Public Bidding Did Not Owe Duty To General Contractor

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In John Rocchio Corporation v. Pare Engineering Corporation, 2019 WL 575822 (R.I. Feb 13, 2019), the Warwick Sewer Authority (“WSA”) contracted with Pare Engineering Corporation (“Pare”) to provide pre-bid services, including preparing a Request For Proposal (“RFP”) to be provided to general contractors submitting bids.  Pare completed the RFP and WSA received bids from five…
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Department Of Labor Discloses Proposed Updated Overtime Rules

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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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Eleventh Circuit Interprets Georgia’s Prompt Pay Act

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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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United States Supreme Court Grants Certiorari In Ninth Circuit Cwa Case

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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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Eleventh Circuit Clarifies Comparator Standard In Title Vii Cases

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On March 21, 2019, the full en banc U.S. Court of Appeals for the Eleventh Circuit clarified that in order to establish a prima facie case of workplace discrimination through alleged preferential treatment of a comparator outside of the plaintiff’s protected class, a plaintiff must show that the alleged comparator is “similarly situated in all…
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Finra Extends Deadline For Broker Dealers To Self Report 529 Savings Plan Violations As Part Of New Initiative

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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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Georgia Supreme Court Rules In Favor Of Insurer On Failure To Settle Claim

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The Georgia Supreme Court granted certiorari in Hughes v. First Acceptance Ins. Co. of Ga., Inc., 343 Ga. App. 693, 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured’s failure-to-settle claim. The Court also asked the parties to address…
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Texas Supreme Court Holds Joint Venture Liability Cap Inapplicable To Defense Costs

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On January 25, 2019, the Texas Supreme Court issued a unanimous ruling reversing the lower court’s holding regarding an insurers’ obligation to pay a significant amount of legal defense costs that resulted from its liability in the Deepwater Horizon oil spill.  See Anadarko Petroleum Corp. v. Houston Casualty Co., No. 16-1013 (Tex. Jan. 25, 2019).  The…
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