Residential Real Estate Civil Procedure Labor & Employment

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The Construction Advantage – Issue 18

Bonding Off A Lien In Maine – It’s Time For A New Statute - With the recovering economy, there is certainly more construction work going on, and that tends to lead to more fights over people getting paid, and many...more

Massachusetts High Court Rules Real Estate Agents Not Subject to State’s Stringent Independent Contractor Law

On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage...more

Massachusetts High Court Holds that Restrictive Independent Contractor Statute Does Not Apply to Real Estate Salespersons in that...

In a long-awaited decision, the Supreme Judicial Court of Massachusetts ruled yesterday that the state independent contractor (IC) law, widely regarded as the most restrictive IC law in the nation, does not apply to licensed...more

Supreme Court Decides Harris v. Viegelahn

On May 18, 2015, the U.S. Supreme Court decided Harris v. Viegelahn, No. 14-400, holding that when a debtor in bankruptcy converts from a Chapter 13 payment plan to Chapter 7 liquidation, any of the debtor’s post-petition...more

U.S. Supreme Court Weighs in on Labor Department’s Interpretation of Overtime Rules for Mortgage Loan Officers

We know that many of you are aware of the U.S. Supreme Court's decision in Perez v. Mortgage Bankers Association. The Court held that the U.S. Department of Labor was not required to follow notice and comment procedures in...more

Supreme Court Holds Federal Agencies May Reverse Their Positions Through Informal Guidance

On March 9, 2015, the U.S. Supreme Court issued its decision in Perez v. Mortgage Bankers Ass’n, No. 13-1041 (Mar. 9, 2015), holding federal administrative agencies may amend or repeal interpretive rules without following...more

Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

Appellate Court Notes

SC19216 - Sikorsky Financial Credit Union, Inc. v. Butts - Finally some clarity in rules pertaining to the award of post-judgment interest. Here the (consumer) loan agreement provided that interest would accrue at 9%...more

2014 Survey Of Class Action Cases In Virginia: The Statistics

In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more

South Carolina’s Supreme Court Clarifies the Requirements for a Proper Notice of Furnishing Under South Carolina’s Mechanics Lien...

In the recent decision of Ferguson Fire and Fabrication, Inc. v. Preferred Fire Protection, L.L.C., the Supreme Court of South Carolina held that a Notice of Furnishing was valid as long as it provided the owner of the...more

Religious Institutions: October 2014

Timely Topics - Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more

Protection from Sexual-Orientation Discrimination in Pennsylvania

In Whitewood v. Wolf, a federal judge struck down a Pennsylvania law that limited the definition of marriage to that between “one man and one woman.” In his momentous opinion, Judge Jones also declared that classifications...more

Appellate Court Notes

AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

Appellate Court Notes - Week of April 21

SC18877 Concurrence - Sarrazin v. Coastal, Inc. - Foreman for a plumbing contractor sued the company claiming he was entitled to overtime for traveling to job sites all over the state as he had to do so in a company...more

What's Pending on the Illinois Supreme Court's Advisement Docket?

As we near the opening of the March docket, it's time to take a look at the civil cases that are argued and pending for decision before the Illinois Supreme Court. The Court is quite up-to-date on its docket at the moment,...more

Mortgage Loan Officers Are Exempt From Wage And Hour Laws Again--For Now

The D.C. Circuit Court of Appeals has vacated the U.S. Department of Labor’s 2010 guidance that stated that most mortgage loan officers are not exempt from minimum wage and overtime compensation under the Fair Labor Standards...more

Appeals Court Strikes Down Labor Department’s Interpretation Regarding Exempt Status of Mortgage Loan Officers

In a victory for the Mortgage Bankers Association (“MBA”), a federal Court of Appeals has vacated an “Administrator’s Interpretation” issued in 2010 by the U.S. Department of Labor Wage and Hour Division (“DOL”) regarding the...more

D.C. Circuit Sanctions Labor Agency 'Flip-Flop' on Overtime Requirements for Mortgage Loan Officers

The U.S. Court of Appeals for the District of Columbia Circuit recently vacated a 2010 interpretation of federal wage and hour law in which the Department of Labor (DOL) had concluded that mortgage loan officers do not...more

Imminence of Harm is Not Required for Recovering Pure Economic Loss for Dangerous Defects

Lack of “imminent risk” does not bar recovery for economic loss arising from a dangerously defective structure, the Alberta Court of Appeal recently held. Typically, courts are reluctant to award lost profits or other...more

Ohio Court Holds E&O Policy Not Triggered By Underlying Misappropriation

In its recent decision in Entitle Ins. Co. v. Darwin Select Ins. Co., 2013 U.S. Dist. LEXIS 14218 (N.D. Ohio Feb. 1, 2013), the United States District Court for the Northern District of Ohio had occasion to consider whether a...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more

Court Upholds Labor Department Interpretation That Mortgage Loan Officers Are Not Exempt From Overtime

A federal district judge in Washington, D.C. has upheld an “Administrator’s Interpretation” issued in 2010 by the U.S. Department of Labor (“DOL”) that loan officers in the mortgage banking industry typically do not qualify...more

Turbervilles Private Client Newsletter - Autumn 2011

Welcome to our autumn newsletter. In this edition, we are pleased to tell you about how Turbervilles has been awarded the Law Society’s prestigious Conveyancing Quality Mark, meaning that the high standards of our...more

Texas Insurance Law Newsbrief

CLAIMS OF NEGLIGENT FAILURE TO PROVIDE CHAPERONE AGAINST EMPLOYER “ARISE OUT OF” EMPLOYEE’S SEXUAL MISCONDUCT – EXCLUSION APPLIES The Fifth Circuit recently addressed whether negligence claims against the named insured,...more

Discretion to Deny Costs and Attorney Fees to FEHA Plaintiffs Rests with the Trial Courts

In a recent California Supreme Court decision, the court determined that trial courts have the discretion to deny costs and attorney fees to a plaintiff alleging violations of the FEHA who recovers damages that could have...more

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