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Name, Image, Likeness: A Recap and What We’re Watching

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain...more

New NCAA Name, Image, Likeness Guidance Has Immediate Impact on NIL “Collectives”

On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year...more

OCR and Justice Department Recognize World Mental Health Day by Releasing Fact Sheet on Supporting and Protecting the Rights of...

Guidance outlines K-12 and Postsecondary Schools’ Response - On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S....more

10/19/2021  /  Disabilities , Mental Health , OCR , Students

Justice Department Settles with Brown University Regarding Responses to Students with Mental Health Disabilities, Providing...

On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more

OCR Releases Questions and Answers on the Title IX Regulations on Sexual Harassment, Providing Insight on How the Department...

On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s...more

OCR Announces That LGBTQ+ Students Are Protected by Title IX, Providing Further Guidance to K-12 Schools, Colleges, and...

On June 16, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued a Notice of Interpretation explaining that it will enforce Title IX's prohibition of discrimination on the basis...more

OCR Announces Plan to Conduct Comprehensive Review of Title IX Regulations in Anticipation of Publishing a Notice of Proposed...

On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent Executive Order on Guaranteeing an Educational Environment...more

Seeking Certainty: FERC’s Final Rule Establishes Categorical One-Year Waiver Period for Water Quality Certification Requests for...

On March 18, 2021, FERC issued a final rule, effective 90 days after publication in the Federal Register, establishing a categorical one-year deadline for certifying authorities (usually state agencies) to act on a request...more

United States Files Amicus Brief in Support of PennEast Pipeline Company’s Petition for a Writ of Certiorari in Closely-Watched...

On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the...more

Athletics Might Be Cancelled, But Your NCAA Obligations Are Not: Maintaining Academic Conduct and Extra Benefits Compliance for...

The future of collegiate athletics remains uncertain as colleges and universities head into the fall semester, but whether institutions cancel athletics this term, one thing remains certain for NCAA member institutions:...more

Class Action Complaint Filed Against the NCAA and Power Five Conferences in Latest Volley Over Use of Student-Athletes’ Names,...

On June 15, 2020, the NCAA and Power Five Conferences were hit with a class action complaint in the U.S. District Court for the Northern District of California. The complaint, filed on behalf of plaintiffs Grant House (a...more

Five Key Takeaways From Saul Ewing Arnstein & Lehr’s Energy & the Environment in the Northeast: Biggest Challenges of 2020...

From the COVID-19 threat, disrupted supply chains and economic fluctuations to the dichotomy in shifting state and federal policies, regulations, ongoing litigation, compliance issues, and cyber threats, the energy and...more

District Court of Appeal of Florida Reverses Summary Judgment for Insurer on Bad Faith Claim Where Issue Remained as to Whether...

Bryant v. GeoVera Specialty Insurance Company, No. 4D18-189 (Fla. Dist. Ct. App. May 8, 2019) - Hershel and Betty Bryant’s residence sustained damage caused by a pipe leak. The Bryants subsequently reported the loss to...more

District of Colorado Denies Insurer's Motion for Summary Judgment on Statutory and Common Law Bad Faith Claims Where Insured...

Booker v. State Farm Mutual Automobile Insurance Company, No. 17-cv-03133-MEH (D. Colo. May 6, 2019) - Stephanie Booker sustained injuries as a result of an automobile accident caused by another driver. ...more

Eastern District of Pennsylvania Dismisses Statutory and Common Law Bad Faith Claims Against Insurer Where Insured Failed to...

Richard McDonough suffered serious injuries to his neck and spine as a result of an automobile accident. The insurer of the driver who caused the accident settled with McDonough for the driver’s full policy amount of...more

Northern District of Illinois Dismisses Statutory Bad Faith Claim Against Insurer Where Bona Fide Coverage Dispute Existed and...

Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar. Propitious insured the property under a policy issued by...more

D.C. Circuit Rules That States Waived Clean Water Act Section 401 Authority, Rejects Argument That “Withdrawal-and-Resubmission”...

On January 25, 2019, the United States Court of Appeals for the District of Columbia Circuit issued a unanimous decision in Hoopa Valley Tribe v. FERC, No. 14-1271 (D.C. Circuit), ruling that California and Oregon waived...more

District of Idaho Grants Summary Judgment for Insurer on Bad Faith Claim Where Insured's Claim for Policy Benefits Was "Fairly...

Becca Franco was involved in a car accident in 2015. Franco submitted a claim to her insurer, State Farm, for underinsured motor vehicle and medical payment benefits. Sixteen months later, Franco filed suit against State...more

Eastern District of Pennsylvania Dismisses Statutory Bad Faith Claim Against Insurer’s Claims Adjuster and Denies Motion to Remand

Steven Reto was injured in a car accident in 2014. After the underlying liability claim settled with the driver who caused the accident, the Retos filed a claim for underinsured motorist benefits with their insurer, Liberty...more

Western District of Pennsylvania Denies Cross-Motions for Summary Judgment Where Disputed Facts Exist on Claims of a "Low-Ball"...

After Melissa Parisi sustained injuries in a vehicle collision and learned that the other motorist involved in the crash carried only $15,000 in auto insurance, she submitted an underinsured motorist (UIM) claim to State...more

Northern District of Illinois Denies Summary Judgment for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insurer’s...

Following a fatal vehicle accident in 2008, a group of plaintiffs brought suit against Venture One, Inc., the owner of a truck involved in the accident. After several unsuccessful attempts to settle the matter with Venture...more

Western District of Oklahoma Denies Summary Judgement for Insurer on Bad Faith Claim Where Disputed Facts Exist as to Insured's...

Plaintiff Charles A. Shadid, L.L.C. had a commercial insurance policy with Defendant Aspen Specialty Insurance Company insuring multiple commercial properties. Shadid alleges that in May of 2013, a tornado damaged several of...more

Middle District of Florida Denies Motion to Dismiss Statutory Bad Faith Claim Pending Resolution of Coverage Issues

In October 2012, James Lee fell and injured his back when the Real Space Pro 9000 Quantum Chair he was sitting on broke. Mr. Lee filed suit against Raynor Marketing, LTD. and Office Depot. Raynor sold the chair to Office...more

Western District of Washington Looks to When Claim for Coverage Was First Denied in Dismissing Bad Faith Claim As Untimely

Plaintiff Mary Coppinger was injured in 2010 when her vehicle was rear-ended by Daniel Klein. Both Ms. Coppinger and Mr. Klein were insured through Defendant Allstate. Mr. Klein had a $50,000 policy limit; Ms. Coppinger had...more

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