News & Analysis as of

Substantial Compliance

Pullman & Comley - School Law

So How Much Time Do Public Agencies Have to Respond to Voluminous FOIA Requests?

Often times, when facing voluminous requests for records under Connecticut’s Freedom of Information Act (FOIA), clients will simply ask me: “How long do we have to comply?”  There is no simple answer, but here are some...more

Ervin Cohen & Jessup LLP

When Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions

Ervin Cohen & Jessup LLP on

Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more

Snell & Wilmer

Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices

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In December 2020, the Utah Court of Appeals found that, because a contractor’s preliminary notice contained the statutorily required information, although in unconventional order, the notice was valid. In Zion Village...more

Porter Hedges LLP

Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

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As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or...more

Dentons

Drug Testing Under Iowa Law

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It is no surprise to any Iowa employer that the state has one of the most complex drug testing statutes in the country. Iowa Code §730.5 places the burden specifically on the employer to show strict compliance and can be...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: First Circuit Clarifies ERISA's Timing Requirements for Appealing Adverse Benefits Determination

In Fortier v. Hartford Life & Accident Ins. Co., 916 F.3d 74 (1st Cir. 2019) the U.S. Court of Appeals for the First Circuit clarified ERISA's timing requirements with respect to appealing an adverse benefits determination...more

Laner Muchin, Ltd.

Seventh Circuit Finds “Substantial Compliance Doctrine” Does Not Apply to Missed Appeal Deadline

Laner Muchin, Ltd. on

The Seventh Circuit recently held, in Fessenden v. Reliance Standard Life Insurance Co., that a plan administrator’s failure to meet a regulatory deadline by which to respond to a disability benefits claim appeal cost the...more

Thomas Fox - Compliance Evangelist

The Mummy, Equifax and Dust in the end

It is the dust in end that Equifax created from its statements over the past week and actions which led to the massive data breach in the first place. The former head of the company, Richard Smith, testified before Congress...more

Foley & Lardner LLP

A Softer, Gentler Seventh Circuit Reconsiders “Substantial Compliance” under Rule 11

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Those who practice regularly before the U.S. Court of Appeals for the Seventh Circuit know that the court has not been reluctant to punish a misbehaving lawyer....more

Haight Brown & Bonesteel LLP

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

In what could lead to a draconian result, the Court of Appeal for the First Appellate District held that a contractor who performs work without a valid license can be required to disgorge all payments received, even if the...more

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