The Michigan Court of Appeals recently affirmed a trial court’s dismissal of certain claims by franchisees Red Fit, LLC and Cali Red, LLC against franchisor Red Effect International Franchise, LLC based on a release of...more
When you think of technological changes, you may not immediately think of the horse industry. Everything is more accessible now, thanks to the internet, and that includes your sport horse trainer and/or students. ...more
With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that...more
The plaintiff in Alvarez v. Sunshine Life & Health Advisors LLC - the first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis - filed his motion for preliminary approval of the settlement. And the...more
For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not qualify as a...more
In January of 2021, the Fourth District joined the Third District and ruled that a pre-injury release executed by a student-athlete and their parent is enforceable in a tort action arising from injuries resulting from...more
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more
The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more
As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more
A federal court has granted, in part, restaurant franchisor Golden Corral’s motion to dismiss a complaint brought by a former franchisee. The court found a general release of claims, executed as part of an assignment of a...more
The CFPB has filed an amicus brief in the Maryland Court of Appeals urging the court to affirm the decision of the Court of Special Appeals reversing the trial court’s approval of a settlement agreement in a class action...more
Too old to trick-or-treat, too cool to stay at home with their parents and wanting some Halloween excitement, high school students (presumably 18 years old) Rosemary and Buffy head for Hill House, a new haunted house where...more
A three-judge panel for the Third Circuit Court of Appeals recently held, in Chapter 15 case In re Arctic Glacier Int’l, Inc., No. 17-2522 (3d Cir. Aug. 20, 2018), that when purchasers of stock of a debtor are on notice of...more
Exoneration clauses seek to excuse fiduciaries, most notably executors and trustees, from liability for the failure to exercise reasonable care (cf. Margaret Valentine Turano, Practice Commentary: EPTL § 11-1.7 [2008]...more
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation, we came across an opinion that...more
The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways,...more
In Fratea, Judge Sanders held that an employee separation agreement that specifically referenced the waiver of Massachusetts Wage Act claims was enforceable. Judge Sanders applied the legal standard established by the SJC in...more
Where an individual or business owes IRS taxes, Congress has given the IRS a tax lien against all the assets of the taxpayer. The lien covers real estate, homes, furniture, cars, investments, and nearly everything an...more
Last Friday (August 11, 2017), the Connecticut Supreme Court issued a decision garnering significant press attention in which it ruled that 1) Connecticut public policy imposes a duty upon schools to warn or protect against...more
Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently failing to settle a case unless the settlement demand provides protection to the insured against all potential...more
Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does...more
Litigation among family-business owners often ends with a negotiated settlement agreement instead of a trial and entry of judgment on the parties’ claims. Through a settlement, the parties have the flexibility to agree upon...more
Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more
In a case of first impression, the Rhode Island Supreme Court recognized a statutory right for trustees to recover their attorneys’ fees when a trust beneficiary refuses, without any basis, to release the trustee of his or...more
My first two posts on this topic have discussed provisions that must – under federal law, specifically the Older Workers Benefit Protection Act – be included in employee separation agreements if the employee’s release of...more