Every company with union workers faces the risk of a labor dispute. Identifying any business risks and then managing them is a priority for executive decision-makers who must ensure that the company delivers its promises to stockholders, customers, and employees.
Cases involving unnecessary tests, and power morcellators.
In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the National Labor Relations Board's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act.
Encroachment" is a term used in the franchise industry to describe sales and revenues being transferred from one location to another because of their proximity. Litigants sometimes claim the encroachment is so extensive so as to threaten the viability of the existing location. In these instances, claims have been asserted for constructive termination because the existing location is alleged to no longer be viable. More likely, the claim for constructive termination is not viable.
A look at a case in which a medical provider was sued for allegedly providing a drug overdose to an alcoholic patient.
Outside of bankruptcy, if the rights of a lessor against a lessee in default are to be enforced, there is a very material difference in the rights and obligations of both parties depending upon whether the UCC Article to be applied is Article 2A governing true leases or Article 9 governing secured transactions.
The Supreme Court of Pennsylvania recently joined the majority of other jurisdictions that in holding that a policy providing an exclusion for an employee of "the insured" meant an employee of the insured seeking coverage under the policy, but not of any of the other insureds under the policy, or even of the Named Insured.
Cases involving a second mortgage, and eviction of owners.
In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The defendant raised more than $122,000 through Kickstarter to produce a Monopoly-like board game geared toward H.P. Lovecraft fans. According to the FTC's complaint, defendant used the Kickstarter proceeds to pay for personal expenses, including his move to Oregon. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.
