Texas Court Vacates Provisions of the No Surprises Act Interim Final Rule
On February 23, 2022, United States District Judge Jeremy D. Kernodle of the United States District Court for the Eastern District of Texas, Tyler Division, entered his Memorandum Opinion and Order in Texas Medical Association and Adam Corley v.
USCIS revises mission statement
Written by: Ashik R. Jahan, Esq. and Ivo Kaitschick As of February 9, 2022, U.S. Citizenship and Immigration Services has changed their mission statement to read: “USCIS upholds America’s promise as a nation of welcome and possibility wi
Fourth Time’s the Charm? Washington State Legislature Contemplating Comprehensive Data Privacy Bills
Written by: Brock Wolf, Esq. Washington is among the states expected to pass a comprehensive data privacy law this year. At least, that has been the headline since 2019, when the Washington Privacy Act was first introduced in the legislature. No
Illinois McDonald’s Enter $50 Million Settlement for Alleged BIPA Violation
Written by: Brock Wolf, Esq. Illinois’ Biometric Information Privacy Act (“BIPA”) is arguably the nation’s strictest when it comes to biometric information. Biometric information protected by BIPA includes fingerprints, r
The Algorithmic Accountability Act of 2022 Is Introduced
Written by: Richard Sheinis, Esq. Several Democratic legislators have introduced the Algorithmic Accountability Act of 2022 (the “Act”). This legislation is a redo of the 2019 Algorithmic Accountability Act. While this piece of legis
Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute
Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-0
Florida Court Allows Bonus Paid After Date of Accident to be Added to Workers’ Compensation Wages Amount
Written by: Rayford H. Taylor, Esq. The Employee, in the case of Noa v. City of Aventura and Florida League of Cities, appealed an Order of the judge of compensation claims (JCC) denying an increase in her average weekly wage (AWW). The Employ
Duty to or Not to Defend? That is The Question. Recent Application of the ‘Eight-Corners Rule’ Under Texas Law in Finding Insurer Had Duty to Defend
Written by: Timothy A. Bishop, Esq. In Siplast, Inc. v. Emps. Mut. Cas. Co., 23 F.4th 486 (5th Cir. 2022), the Fifth Circuit Court of Appeals, construing Texas law, applied the “eight-corners rule” in finding that the insurer had a d
The Turf War Over Personal Data Continues
Written by: Richard Sheinis, Esq. As many of our readers know, the transfer of personal data from the EU to countries outside the EU is heavily regulated by the GDPR. Companies that transfer personal data from the EU to the US typically use Sta
Moving Target: Target Statutory Cap on Punitive Damages No Longer Required To Be Plead As An Affirmative Defense
Written by: Lindsay A. Nishan, Esq. and Lauren Spears Gresh, Esq. As attorneys and adjusters participating in litigation in the State may recall, South Carolina Court of Appeals decision Garrison v. Target Corporation sent many defense counsel