What if you determine that your company or insured has grounds to dismiss a state court complaint as well as a basis to remove the action to federal court? As the Eleventh Circuit noted in Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLP, 365 F.3d 1244, 1246, litigating a state court action on the merits generally waives a defendant’s right to remove a state court action to federal court.

Ohio is unique in its Workers’ Compensation laws. The state funded program has been effective over the years, but has not always been as employer-friendly as one might expect. Following on from former Governor John Kasich’s rebates in his last term, the state fund still appears to be overfunded. The Ohio Bureau of Workers’ Compensation has recognized this issue and is considering efforts to further reduce premiums across the board.

Litigation arising out of automobile crashes resulting from the use of smartphones and similar modern technology is on the rise. Recently, the Fifth Circuit Court of Appeals – which presides over Texas, Louisiana and Mississippi – ruled in a case of first impression that Apple was not liable for a driver’s neurobiological response to a smartphone notification which caused him to check his phone and cause an accident as the result of the distraction.

The Philadelphia Fair Workweek Employment Standards Ordinance (“Ordinance”) establishes work scheduling and pay requirements for certain employers in the retail, hospitality and food service industry. This article summarizes some of the pertinent provisions of the Ordinance, which is effective on January 1, 2020.