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|California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
September 1, 2014, previously published on August 28, 2014Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one...
|'Asphalte Desjardins' Clarifies Obligations of Québec Employers Upon Resignation of an Employee|
Melissa Gaul, André C. Giroux; Davis LLP / Davis SENCRL/SRL;
September 1, 2014, previously published on August 27, 2014On July 25, 2014, the Supreme Court of Canada released its highly anticipated decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc. (“Asphalte Desjardins”) clarifying the obligations of Québec employers in the context of employee resignations....
|Court Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)|
Fineman Krekstein Harris P.C.;
September 1, 2014, previously published on August 15, 2014In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...
|Eleventh Circuit Rejects Constitutional Challenge to Statute Requiring Medicare Rate Compensation for Services|
F. Ryan Waters; GrayRobinson, P.A.;
September 1, 2014, previously published on August 28, 2014On August 14, 2014, a three judge panel for the Eleventh Circuit Court of Appeals upheld a district court's dismissal of a small, rural hospital's challenge of a federal law requiring hospitals to accept the Medicare rate as compensation when treating federal detainees.
|The Supreme Court Rules on the Employer’s Obligations When an Employee Gives Notice of Termination|
Anna Jankowska; McCarthy Tétrault LLP;
September 1, 2014, previously published on August 14, 2014On July 25, 2014, the Supreme Court of Canada overturned the judgment of the Quebec Court of Appeal in Asphalte Desjardins Inc. and Commission des normes du travail (Commission). In this case, the employee in question had been working for his employer since 1994. On Friday, February 15, 2008, he...
|Second Circuit's Significant Decision Could Impact Liquidating Trustees|
Duane Morris LLP;
September 1, 2014, previously published on August 28, 2014In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be...
|Insurance Industry Sweeps Retained Asset Account Doubleheader|
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
September 1, 2014, previously published on August 28, 2014On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...
|Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims|
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2014, previously published on August 22, 2014Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the date of the adverse employment action. This ruling ¿ the first of...
|SJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation|
Stefanie Giuliano Abhar, Laurence A. Schoen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 1, 2014, previously published on August 25, 2014In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.” In...
|Failure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)|
Fineman Krekstein Harris P.C.;
September 1, 2014, previously published on August 20, 2014Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...