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
“How Long Do We have to Keep This?” Record Retention for Local Law Enforcement Documents
Written by: Rebekah Maddox Ditto, Esq. and Jennifer D. Herzog, Esq. Having the honor to represent numerous local law enforcement agencies we often get the question (usually in response to an open records request but sometimes as a result of a la
Recent Appellate Decisions Interpreting Florida’s Workers Compensation Statute
Written by: Rayford Taylor, Esq. The Hampton case established the mere fact an attorney fee amount has not been established does not prohibit the Statute of Limitations from operating to defeat payment of additional benefits. The Tejeda case
Bad Faith Claims Arising under Claims for UM/UIM Benefits Permitted under New Jersey Insurance Fair Conduct Act
Written by: Kelly P. Corrubia, Esq. On January 18, 2022, Governor Murphy signed Senate Bill 1559, the “New Jersey Insurance Fair Conduct Act” (“NJIFCA”). The NJIFCA creates an individual cause of action for bad faith arising from a c