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Finra Seeks Comment On The Efficacy Of Allowing Compensated Non Attorneys To Represent Parties In Arbitration

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The FINRA Codes of Arbitration and Mediation Procedure currently allow compensated non-attorney representatives (“NAR”) to represent clients in securities arbitration and mediation subject to some exceptions.  Some parties are represented by relatives or friends who assist with case preparation or presentation.  NAR firms typically provide public investors an alternative to representation by attorneys in disputes…
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Eleventh Circuit Court Of Appeals Affirms Necessity To Include Specific Timeframe In Contract In Order To Properly Extend Indemnity And Defense Obligations Beyond Seven Year Statute Of Repose For Any Claim Against An Architect, Engineer, Or Builder

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In Sears, Roebuck & Co. v. Hardin Constr. Grp., Inc., 697 F. App’x 637 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit affirmed the United States District Court for the Southern District of Alabama’s conclusion that a specific written timeframe is necessary in order to extend Alabama’s statute of repose….
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Eleventh Circuit Holds That Breastfeeding Employees Are Entitled To Protection Under The Pregnancy Discrimination Act

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Recently, the U.S. Court of Appeals for the Eleventh Circuit determined that breastfeeding is a related medical condition to birth, and different treatment based on an employee’s breastfeeding is prohibited under the Pregnancy Discrimination Act (“PDA”). In Hicks v. City of Tuscaloosa, 870 F.3d 1253 (11th Cir. 2017), the plaintiff was a police officer who…
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Wisconsin Federal District Court Allows Pcb Citizen Suit Under Rcra

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The United States District Court for the Western District of Wisconsin has ruled that a citizen suit related to the release of polychlorinated biphenyls (PCBs) may be brought under the Resource Conservation and Recovery Act, (RCRA), even though PCBs are regulated under the Toxic Substances Control Act (TSCA).  Liebhart v. SPX Corp., No. 16-cv-700 (W.D….
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Louisiana Federal Court, Interpreting A Construction Contract, Holds A Consequential Damages Waiver May Not Bar A Claim For Lost Profits

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In Team Contractors, L.L.C. v. Waypoint Nola, L.L.C., et al., No. CV 16-1131, 2017 WL 4366855 (E.D. La. Sept. 29, 2017), the United States District Court for the Eastern Division of Louisiana concluded that because the contract was ambiguous as to whether the type of lost profits sought in the case were considered “consequential damage”…
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Reasonable Accommodations Under The Ada Beyond Fmla Entitlement

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The Seventh Circuit Court of Appeals recently ruled in Severson v. Heartland Woodcraft, Inc., No. 15-3754, 2017 WL 4160849 (7th Cir. Sept. 20, 2017) that the ADA does not require employers to accommodate employees by granting them leave well beyond the employee’s leave entitlement under the FMLA.  The Court addressed what amount of leave constitutes…
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United States District Court For The Western District Of North Carolina Analyzes Architectural Copyright Infringement Between Two Homebuilders

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In Sedgewick Homes, LLC v. Stillwater Homes, Inc., 2017 WL 3221488 (W.D. NC. 2017), the United States District Court for the Western District of North Carolina ruled there was a genuine issue of material fact as to whether Stillwater Homes, Inc. (“Stillwater”) infringed upon the copyrighted architectural plans of its competitor, Sedgewick Homes, LLC (“Sedgewick”)….
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The Alabama Supreme Court Confirms Discovery Must Be Limited In State Court While A Motion To Compel Arbitration Is Pending

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In Ex parte Locklear Chrysler Jeep Dodge, LLC and Locklear Automotive Group, Inc., the Alabama Supreme Court granted a Petition for Writ of Mandamus (“Petition”), finding that the trial court exceeded its discretion when it granted a Motion to Compel discovery on issues unrelated to arbitration while a Motion to Compel arbitration was presently pending….
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Sixth Circuit Remands Flint Water Supply Class Action To State Court

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The Circuit Court of Appeals for the Sixth Circuit has held that residents of Flint, Michigan, may pursue class claims against state actors in state court. Mays v. City of Flint, 47 E.L.R. 20112, No. 16-2484, (6th Cir., September 11, 2017).  In January 2016, several plaintiffs filed a class-action lawsuit in state court alleging they…
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Fifth District Court Of Appeal Of Florida Holds That Subcontracts Containing Merger Clauses Will Apply Retroactively To Date Work First Commences And Failure To Adequately Plead Defense Raising Failure To Comply With Condition Precedent Acts As Bar To The Otherwise Valid Defense

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In Don Facciobene, Inc. v. Hough Roofing, Inc., No. 5D15-1527, 2017 WL 3091578 (Fla. Dist. Ct. App. July 21, 2017), the Fifth District Court of Appeal of Florida held that although a valid merger clause in subcontract signed after the subcontract was almost completed, it applied retroactively to the date work first commenced.  However, the…
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