In a recent opinion, the First Appellate District of the Ohio Court of Appeals reaffirmed the way in which Ohio courts address issues relating to claims arising from vicarious liability and negligent hiring, supervision, or retention.
Read moreIn a recent decision, the Court of Appeals of Maryland ended the state's use of the century-old Frye-Reed general acceptance standard in favor of the relevance/reliability standard first enunciated by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc. Maryland is now the 40th state to adopt Daubert.
Read moreNew York Appellate Partner Nicholas P. Hurzeler and New York Trial Partner James Whalen recently obtained a reversal on appeal of a jury verdict in a Dram Shop case.
Read moreVarious states and school districts are taking different approaches with regard to how schools will reopen in the fall. What does this mean for employers? We have prepared the following FFCRA Frequently Asked Questions and Answers to help employers anticipate and navigate leave management issues that may arise related to school or place of care closures and/or the unavailability of childcare for reasons related to COVID-19. This alert has been updated to reflect recent changes from the Department of Labor.
Read moreJust two days before the 15th Anniversary of Hurricane Katrina, Category 4 Hurricane Laura made landfall near Cameron, Louisiana. Preliminary estimates for insured losses from storm surge, flooding, and winds range from $8 to $12 billion for residential and commercial properties. Insurers providing residential or commercial property insurance in Louisiana should keep the following statutory claims handling requirements in mind.
Read moreOn August 28, 2020, the United States Department of the Treasury and the Internal Revenue Service issued guidance implementing the Presidential "Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster (August 8, 2020)." In this alert, we describe the availability of this tax deferral to employers, defined in the Notice as "Affected Taxpayers." We also point out responsibilities of employers who choose to defer eligible payroll taxes.
Read moreThe U.S. District Court for the Eastern District of Louisiana recently issued judgment in a BP Oil Spill-related suit that may impact claims for additional insured status arising from contractual agreements, and establishes bases for denial of defense and indemnity due to late notice/prejudice and violation of contract requirements.
Read moreAlthough there are many advantages associated with remote work arrangements, wage & hour compliance is not one of them. It is one of the reasons this type of work arrangement has been adopted more broadly for exempt rather than non-exempt employees. Not surprisingly, however, COVID-19 has dramatically changed how employees work.
Read more