News & Analysis as of

Waiver of Liability

Dinsmore & Shohl LLP

Lessons in Liability: What You Need to Know About Remote Riding Lessons

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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

Womble Bond Dickinson

You Want Me to Waive What???

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Anyone who has participated in adventure sports from SCUBA diving to whitewater rafting has seen it before: the document where you sign your life away. The best of them ask you to fill your name out at the top and then to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Leased Structure/Mold Damage Claim: Louisiana Appellate Court Addresses Applicability of a Lease's Waiver of Liability

A Louisiana Court of Appeal (First Circuit) (“Court”) addressed in February 17th Opinion an issue arising out of a lessee’s damage claim against a lessor purportedly caused by exposure to mold. See Scott v. Adams, 2022 WL...more

Sullivan & Worcester

SJC Rejects Contractual Liability Waivers for “Willful or Knowing” Violations of Chapter 93A

Sullivan & Worcester on

On January 24, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous decision directly curtailing the enforceability of limitation of liability provisions in the context of willful or knowing violations of...more

Goodwin

Commercial Leasing in Massachusetts: Contractual Limitation of Liability Provisions Unenforceable for Willful or Knowing...

Goodwin on

The Massachusetts Supreme Judicial Court on January 24 issued an important decision impacting commercial landlords’ potential exposure to liability for multiple damages under Chapter 93A in H1 Lincoln, Inc. vs. South...more

Downs Rachlin Martin PLLC

You Pay to Foul Play: Vermont Joins Over Half of U.S. States in Enacting Legislation that Limits Liability for Agritourism

On May 17, 2021, Vermont enacted Act 31 (H.89), an Act Relating to Limiting Liability for Agritourism. Governor Scott signed the bill into law just in time for visitors to make their way to the Green Mountain State for a...more

Hicks Johnson

Six Steps Businesses Can Take Now to Mitigate Cyberattack Liability

Hicks Johnson on

Cyberattacks on the nation’s critical infrastructure are becoming more frequent, more severe, and more dangerous. The Wall Street Journal reported that the growing trend of cyberattacks is “part of a growing criminal pivot...more

Dorsey & Whitney LLP

Managing Workplace Safety in the COVID-19 Era

Dorsey & Whitney LLP on

The workplace safety framework in the United States is difficult to navigate at its best. Since the beginning of the COVID-19 global health emergency, employers have faced increasingly complex challenges involving...more

Tucker Arensberg, P.C.

A Missed Opportunity for Immunity

Tucker Arensberg, P.C. on

The new pandemic aid legislation was eight months in the making, includes 5,600 pages, and $2.3 trillion in aid and spending. With national unemployment at a record high, and moratoriums on evictions, and utility shutoff...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2020 #2

Tick Tock. The clock is ticking and the 116th Congress has three big tasks in its waning days: ensure the federal government does not shut down due to a lack of funding, pass the National Defense Authorization Act, and get an...more

Fox Rothschild LLP

Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees In Alleged Patent Infringement Action

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX...more

Miller Canfield

Michigan Enacts COVID-19 Liability Shield and Employee Protection Bills

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Michigan Governor Gretchen Whitmer signed into law several bills on October 22, 2020, including those providing a liability shield to individuals and entities that comply with COVID-19-related government directives and...more

Esquire Deposition Solutions, LLC

Employers Advised to Use Communication, Flexibility to Mitigate COVID-19 Litigation Risks

When weighing liability risks arising from employees contracting COVID-19 at the workplace, many employers instinctively turn to the liability waiver, a document that — in theory — will protect the employer against lawsuits...more

Troutman Pepper Locke

Navigating Adapted Operations Advisory Series: Part Five – Liability Concerns and Managing Whistleblower Issues

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Who Needs to Know - Employers who are reopening (or have already reopened) by bringing employees back to their workplaces....more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Spilman Thomas & Battle, PLLC

The Site report - Construction Law Insights: Issue 1, September 2020

Welcome! If we have learned anything, 2020 has been an unexpected year. The pandemic has impacted the construction industry -- as it has with all industries -- over the past several months. Another thing that we know is...more

Epstein Becker & Green

#WorkforceWednesday: COVID-19 Liability Waivers, Rules of the Road, New GDPR Concerns - Employment Law This Week®

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It’s #WorkforceWednesday! This week, we’re discussing what employers should know about COVID-19 liability waivers and sharing 10 “Rules of the Road” for returning safely to the office. COVID-19 Liability Waivers? (Video...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? How to avoid a design-build debacle

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 19, 2020

As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more

Amundsen Davis LLC

Liability Waivers: A Gym Owner’s Shield Against Lawsuits

Amundsen Davis LLC on

Negligence is, by far, the most common cause of action against a gym. A liability waiver is your shield against those lawsuits. By signing the waiver, a member agrees not to hold you liable for negligence if they are injured...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Goodwin

Minimizing U.S. Fitness Facility Operators’ Potential COVID-Related Liability

Goodwin on

Now that indoor fitness centers around the country are reopening, fitness facility operators are concerned about potential liability for COVID-related illnesses. This is because even the most conscientious business operators...more

Akerman LLP

Mind Your T’s and C’s: COVID-19 Terms and Conditions for Hotels

Akerman LLP on

After many agonizing months of the COVID-19 pandemic causing closures and record-low occupancy rates, hotel owners and operators finally can begin reopening and welcoming back guests. In doing so, they must navigate the...more

Burr & Forman

Georgia Legislature Passes COVID-19 Liability Shield in Big Win for Georgia Businesses

Burr & Forman on

Key takeaway –  Georgia businesses should post the statutory notice at points of entry or on any receipt or proof of purchase....more

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