Waivers

News & Analysis as of

Uber Steers for Mandatory Arbitration

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in...more

Under Construction - March 2017

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

An Update on Part 107 Waivers for Night Operations

Back in August 2016, when the Federal Aviation Administration (FAA) announced its final small unmanned aerial systems (UAS) rule (or Part 107) FAA administrator, Michael Huerta said, “Our focus is to make this as streamlined...more

Manatt on Health Reform: Weekly Highlights - March 2017

House Republicans release long-awaited ACA repeal and replace legislation, Arkansas proposes a new waiver amendment to lower expansion adult eligibility levels, and California and Maine are considering new policies to tackle...more

Trump's Revised Executive Order, "Protecting The Nation From Foreign Terrorist Entry Into The United States"

On March 6, 2017, President Trump signed the highly anticipated and revised Executive Order (EO), "Protecting The Nation From Foreign Terrorist Entry Into The United States." The new order rescinds the previous EO issued at...more

CelestialRX Investments, LLC v. Krivulka, C.A. No. 11733-VCG (Del. Ch. Jan. 31, 2017) (Glasscock, V.C.): Delaware Law Firm

In this memorandum opinion, the Court of Chancery addressed a motion for partial summary judgment concerning the construction of a limited liability company agreement to determine whether it eliminated common-law fiduciary...more

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

President Trump's Most Recent Regulatory Reform Order

On Friday, President Donald J. Trump signed an executive order targeting federal regulations. This new executive action, which is designed to enact the White House’s regulatory reform agenda, requires the heads of each...more

Manatt on Medicaid: Monthly Expansion Recap - March 2017

Arizona - Appeals Court Hears Arguments in Medicaid Expansion Lawsuit - A three-judge State Appeals Court panel heard an appeal of the Maricopa County Superior Court's decision that Arizona's Medicaid expansion plan...more

The Future of Part 107 sUAS Regulations and the 2017 Regulatory and Legislative Outlook for Commercial Drone Operations

Action Item: The FAA’s new Part 107 regulations concerning small Unmanned Aircraft Systems (“sUAS”) went into effect August 29, 2016, boosting investments in the expanding commercial UAS market. Additional FAA regulations,...more

Supreme Court of Pennsylvania Holds That Failure to File Brief in Support of Properly Filed Post-Trial Motion Does Not Waive...

In a recent decision, Board of Supervisors of Willistown Township v. Main Line Gardens, Inc., the Supreme Court of Pennsylvania unanimously held that a party does not waive all issues on appeal when it fails to file a...more

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods. In addition to any express warranties made by the seller, the law implies certain warranties in some...more

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

IRS Begins to Target Management Fee Waivers on Audit

According to a recent BNA news report, the Internal Revenue Service (IRS) has proposed adjustments and penalties to a private fund manager related to its use of management fee waivers and transaction fee offsets. Based on the...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

West Coast Real Estate Update: February 2017 #2

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - February 2017

Joint Representation — Conflicts of Interest — Waiver - Foltz v. Columbia Casualty Company, 2016 WL 4734687 (W.D. Ok. 2016) - Risk Management Issue: Can client A's waiver, given with informed consent, permitting...more

Delaware Law Updates – Pleading Breach of the Implied Covenant of Good Faith and Fair Dealing in the Publicly Traded Master...

In Dieckman v. Regency GP LP, --- A.3d ---, 2017 WL 243361 (Del. Jan. 20, 2017), the Delaware Supreme Court reversed the Court of Chancery[1] and held that the common unitholder plaintiff’s complaint properly stated a claim...more

Medicaid Outlook: Policy and Regulatory Change in 2017

Perspectives on Health Care and Life Sciences - Medicaid has been a vital part of the American health care safety net for more than 50 years. Today, Medicaid, along with the State Children’s Health Insurance Program...more

FCC Waives Certain Classification Standards from 2017 E-rate Eligible Services List

On February 8, 2017, the Wireline Competition Bureau (“Bureau”) granted a waiver of certain Category One/Category Two classification standards established in the 2017 Eligible Services List (“ESL”) on its own motion, meaning...more

Ninth Circuit: FCRA Background Check Disclosure Cannot Include Liability Waiver

In a case of first impression, the Ninth Circuit Court of Appeals recently held that a background check disclosure that included a liability waiver violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit is the first...more

Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

A New York state of mind, but California dreaming - A sophisticated lender and borrower negotiate a loan agreement in New York, the lender disburses the loan proceeds in New York, and both parties agree that New York law...more

Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation

The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying...more

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