Affirming a highly-publicized 2012 decision from Southern District of New York Judge Colleen McMahon, the Court of Appeals for the Second Circuit ruled last week that audit associates employed by “Big Four” accountancy KPMG qualified for the learned professional exemption from overtime under the FLSA.
DC Circuit Holds Temporary Nurses Are ‘Employees’ for Purposes of Hospital’s General Liability Policy
In Interstate Fire & Casualty Company v. Washington Hospital Center Corp., the D.C. Circuit Court of Appeals affirmed a lower court decision holding that a temporary nurse hired to work at the Washington Hospital Center (the hospital) by a staffing agency was an “employee” of the hospital and therefore an “insured” under the Hospital’s general liability policy.
How Two Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the Affordable Care Act
Last week, two federal courts of appeals–the 4th Circuit and D.C. Circuit–considered whether the IRS reasonably interpreted the Affordable Care Act as allowing the IRS to give tax credits to taxpayers that purchase health insurance through an exchange set up by the federal government.
A divided panel of the Sixth Circuit held today in Lee v. Smith & Wesson Corp. that a district court abused its discretion in excluding testimony from the plaintiff’s expert that contradicted the injured plaintiff’s own account of how he was injured by an improperly discharging a Smith & Wesson revolver.
On April 8, 2014, the Florida Supreme Court heard oral arguments in an asbestos case concerning the liability of a defendant who has sold a component part to a manufacturer who then incorporates the part into its own products.
Eight Million is More Than Enough: Sixth Circuit Orders Excess Insurer to Drop Down and Pay Insured’s Defense Costs
The United States Court of Appeals for the Sixth Circuit recently handed an $8 million defense bill to an excess insurer when the primary carrier denied coverage for an underlying liability claim and settled its liability claim for a mere fraction of the defense costs.
Governor Jerry Brown has nominated Stanford law professor Mariano-Florentino Cuellar to fill the most recent vacancy on the California Supreme Court created by the impending retirement of Justice Marvin Baxter.
Pay Me Now: Court of Appeal Delivers Lessons On Fiduciary Duties, the Business Judgment Rule, and Executive Compensation
The business judgment of directors setting executive compensation was front and centre in the Ontario Court of Appeal’s recent decision in Unique Broadband Systems, Inc. (Re), 2014 ONCA 538 (UBS). Although the decision is based on unique underlying facts, it offers several important lessons on corporate governance.
Offering Cheaper Service for Your Own Product Than for a Competitor’s? Watch Out for Antitrust Issues
The Sixth Circuit will soon be clarifying its standard for so-called “non-explicit” unlawful tying in Collins Inkjet Corp. v. Eastman Kodak Co., Case No. 14-3306, currently awaiting submission to a panel.
We get questions about this a lot.
When the Supreme Court of Virginia issues a mandate affirming a judgment, it will sometimes include this line: ‘The appellant shall pay to the appellee two hundred and fifty dollars damages.”