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Document(s) published by this organization: 88
Show: results per page Sort by:  | Health Care Reform Adds to the Web of Anti-Retaliation Laws Applicable to Employers
Alex Glaser, Karleen J. Green; Phelps Dunbar LLP;
Legal Alert/Article June 14, 2013, previously published on June 6, 2013 While many employers have focused on the requirements for health coverage, they must be mindful of the new whistleblower and anti-retaliation protections established by the Patient Protection and Affordable Care Act (the "PPACA"). Section 1558 of the PPACA amends the Fair Labor Standards...
| | Fifth Circuit Holds Firing for Expressing Breast Milk Violates Title VII
Harvey W. Brett; Phelps Dunbar LLP;
Legal Alert/Article June 14, 2013, previously published on June 7, 2013 In EEOC v. Houston Funding II, Ltd., the Fifth Circuit Court of Appeals held for the first time that terminating an employee because she is lactating or expressing breast milk constitutes unlawful sex discrimination in violation of Title VII of the Civil Rights Act.
| | Federal Court In Tennessee Upholds Prior Ruling That Pollution Exclusion Applies
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A federal district court in Tennessee has upheld its prior ruling that coverage for a contamination claim is excluded by a pollution exclusion. Interstate Packaging Company v. Century Indemnity Company, et al., 2013 WL 1335120 (M.D. Tenn. March 29, 2013).
| | Georgia Appellate Court Holds Apportionment Statute Does Not Abolish Right Of Contribution Between Joint Tortfeasors Who Have Settled
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A Georgia appellate court has held that an apportionment statute does not abolish the right of contribution between settling joint tortfeasors because there had been no apportionment of damages by a trier of fact. Zurich American Ins. Co. v. Heard, 740 S.E.2d 429 (Ga. App. 2013), reconsideration...
| | Virginia Supreme Court Holds Breach Of Contract Unrelated To Performance Of Medical Service Nevertheless Arose Out Of “Professional Services”
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 The Virginia Supreme Court recently held that a claim against a health care provider for breach of contract requiring it to pay into a state-run fund for birth injuries broadly “arose from” the provision of “professional services” and was covered by the insured’s...
| | Eleventh Circuit Considers Allegations In Prior Lawsuit To Determine Duty To Defend Arbitration On Same Claim
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A federal appeals court has held that a CGL insurer has no duty to defend an insured in an arbitration based on allegations in a prior lawsuit, even though it acknowledged the possibility of coverage. American Safety Indemnity Co. v. T.H. Taylor, Inc., 2013 WL 978804 (11th Cir. March 14, 2013).
| | Federal Court In Texas Holds Administrative Action Initiated By A Federal Agency Not a “Suit” Requiring Insurer To Defend
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A federal court in Texas recently held that a federal agency’s order to pay for an environmental study does not constitute a “suit” triggering the insurer’s duty to defend. McGinnes Industrial Maint. Corp. v. The Phoenix Ins. Co., No. 4:11-cv-04000, (S.D. Tex. April 18,...
| | Louisiana Appeals Court Reverses Summary Judgment In Favor Of Pollution Liability Insurer
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A Louisiana appellate court has reversed a trial court’s grant of summary judgment in favor of a pollution liability insurer, finding that the insured’s settlement of environmental liabilities may be covered. Bollinger Shipyards Lockport, LLC v. American International Specialty Lines...
| | Georgia Appellate Court Holds Broker Owes No Duty To Additional Insured To Give Notice To Insurer
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 A Georgia appellate court has held an insurance broker had no duty to notify an excess carrier of a lawsuit against an additional insured designated in the policy. Garner and Glover Co. v. Barrett, 738 S.E.2d 721 (Ga. App. 2013), reconsideration denied (2013).
| | Texas Supreme Court Will Consider Whether An Insurer Has A Right To Recover Restitution From Third Parties To Whom Policy Benefits Were Mistakenly Paid
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article May 28, 2013, previously published on May 2013 An appellate court in Texas recently held that an insurer can seek reimbursement of payments made only when that right is included in the policy or there is a clear and unequivocal contractual agreement reached to that effect. Warren E&P, Inc. v. Gotham Ins. Co., 368 S.W.3d 633 (Tex. App.—El...
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