News

Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

By EsqSocial Corporation 04/08/14

For many reasons, developers and builders in a construction defect lawsuit want to pick their own counsel to defend them. For instance, they have a good working relationship with the counsel, counsel did well in another case or they want to control...

Expenses related to highway fatalities add to families' stressors

By EsqSocial Corporation 04/08/14

In Alabama, the National Highway Traffic Safety Administration reports that there have been just under 900 traffic fatalities in each of the last several years. That is approximately 1.3 fatalities for every 100 million miles that have been driven....

Ala. Abortion Clinic Law Unconstitutional, Federal Judge Rules

By EsqSocial Corporation 04/08/14

An Alabama federal judge ruled Monday that the state's abortion clinic law, requiring admitting privileges at nearby hospitals, was unconstitutional. U.S.

UPDATE: D.C. Circuit Clarifies Standard for Required Factual Disclosures

By EsqSocial Corporation 04/08/14

The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture. The Court agreed with the panel's decision and specifically held that the test for assessing government mandates requiring disclosure of "purely...

Maryland’s High Court Holds Suits Under Finder’s Fee Law Subject To Three-Year Statute Of Limitations

By EsqSocial Corporation 04/08/14

On July 21, the Court of Appeals of Maryland, the state’s highest court, held in responding to a question certified by the U.S. District Court for the District of Maryland that alleged violations of Maryland’s Finder’s Fee Act are subject to a...

ABA seeks CFPB clarification of mortgage servicing rules

By EsqSocial Corporation 04/08/14

The American Bankers Association has sent a letter to the CFPB requesting several clarifications to the mortgage servicing rules. The ABA asks the CFPB to make the clarifications part of “regulatory guidance (or regulatory amendment where necessary)...

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

By EsqSocial Corporation 04/08/14

Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are unsuccessful. In Reid et al. v....

FDA Set to Regulate LDTs - Citing Safety Concerns and Advanced Technologies

By EsqSocial Corporation 04/08/14

Advances in medical technology have increased the use of diagnostic tests to guide therapeutic decisions for many diseases and conditions, especially in the context of personalized medicine. Citing the need to ensure that certain tests used by health...

Congress Passes Highway Funding Bill; Includes Pension Funding Relief

By EsqSocial Corporation 04/08/14

Last week, Congress gave final approval to a $10.8 billion bill that will keep federal highway funds flowing to states through the busy summer construction season. While this short-term “patch” offers some relief, it is now the responsibility of the...

NLRB General Counsel Office: McDonald's, USA, LLC and Its Franchisees Are Joint Employers

By EsqSocial Corporation 04/08/14

The National Labor Relations Board Office of Public Affairs announced on July 29, 2014 that the General Counsel of the National Labor Relations Board has authorized complaints against McDonalds, USA, LLC (McDonald's) and various of its franchisees in...

Pages