Hinshaw & Culbertson LLP

Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus…more
| Civil Procedure, Construction Law, Insurance, Government Contracting

Typo Renders Proposal For Settlement Ambiguous ? No Fees Awarded

In GEICO v. Ryan, No. 4D13-2615 (Fla. 4th DCA, Mar. 11, 2015), the Court reversed the Trial Court's award of attorney's fees in favor of the insured because the "Proposal for Settlement contains a patent ambiguity--spelling out…more
| Civil Remedies, Insurance, Law Practice Products & Services

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a…more
| Civil Rights, Labor & Employment Law

Supervisor's "Hitler" Comment Not Enough to Create Hostile Work Environment

Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment…more
| Civil Rights, Labor & Employment Law

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most…more
| Civil Rights, Labor & Employment Law

"Unconscionable" to Provide Arbitration Agreement to Dancers While "Mostly Naked"

Not surprisingly, a court has found that employers should probably not present (and potentially force execution of) important legal documents to employees while they are mostly naked. This shouldn't be too much of a stretch for…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

Employment Status of Cosmetology Students Is Not So Cut and Dry

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their…more
| Civil Procedure, Education, Labor & Employment Law

Employee's Case Dismissed After Suing Wrong Employer Defendant

Often times, employees name parent companies and other affiliated entities when suing their employers, seeking to hold responsible anyone and everyone who could possibly be construed to be the "employer" for the purposes of…more
| Business Organizations, Civil Procedure, Civil Rights, Labor & Employment Law

Oakland Minimum Wage and Sick Leave Requirements Take Effect This Week

Employers in Oakland, California take note: A voter-approved measure raising Oakland's minimum wage and creating sick leave requirements for workers in the City went into effect this week. If you have employees in Oakland,…more
| Labor & Employment Law

Wilting Under A White-Hot Spotlight, Saks Settles Transgender Case

Saks Fifth Avenue has settled a transgender discrimination case in Texas that garnered the company much unwanted attention…more
| Civil Rights, Labor & Employment Law

Melissa Anderson v. Thomas Aul, 2015WI 19 25 (February 25, 2015)

In a significant decision the Wisconsin Supreme Court has held that claims-made-and-reported requirements in claims made policies should be enforced as written. An insured's failure to report a claim during the time required by…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Privacy, Insurance

The Dangers of Reimbursing Employees for Individual Health Insurance Premiums--and the Limited Relief for Small Employers

Prior to the passage of the Affordable Care Act ("ACA") in 2010, employers were able to reimburse their employees for the premiums those employees paid for individual health insurance. This long-standing practice was changed…more
| Labor & Employment Law, Health, Taxation

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained, but…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Abercrombie & Fitch Doesn't Look Too Good To Supreme Court

In a case we discussed earlier, the U.S. Supreme Court did not appear impressed with Abercrombie & Fitch's recent argument that a hijab wearing applicant needed to ask for religious accommodation before they were obliged to…more
| Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law
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