Defense Win in Wrongful Death Case
Caroline T. Pryor recently won a motion to dismiss in a wrongful death case, arguing that the Plaintiffs failed to state a claim for relief which could be granted. The court agreed and dismissed the claims against the firm’s clients.
Pryor and Ryan Successfully Defend Client
Caroline T. Pryor and Sarah Cross Ryan won a motion to dismiss for their client arguing that the workers’ compensation claim was filed outside the applicable statute of limitations. The Court agreed and granted the motion.
Dunagan Wins Summary Judgment
Greg Dunagan, a shareholder in the Mobile office, recently obtained a summary judgment on behalf of an employer in a workers’ compensation case. The employee alleged that she had a cumulative trauma injury to her hips that arose out of and during the course of her employment. Mr. Dunagan was […]
Lockett Wins Defense Verdict
On June 19, 2017, shareholder Tara W. Lockett from the Mobile, Alabama office received a defense verdict following a worker’s compensation trial on June 1, 2017 in Conecuh County, Alabama. At trial, Plaintiff asserted he was permanently and totally disabled and in addition to seeking indemnity benefits asserted he had […]
DOL Withdraws Worker Classification Guidance
On June 7, 2017, the US Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance related to classification of workers as independent contractors (where a worker is not considered an employee of the business for which the individual is providing work) or joint employees (where a worker is […]
Alabama Judge Amends Workers’ Compensation Act Order
Update: Following the entry of his May 8, 2017 Order finding the Alabama Workers’ Compensation Act unconstitutional, Judge Pat Ballard has now entered an amended order, likely in light of the industry response. Under the amended order, the original May 8, 2017 order is stayed indefinitely, instead of becoming effective […]
Local Judge Rules Alabama’s Workers’ Compensation Act Unconstitutional
On May 8, 2017, Judge Pat Ballard in the Circuit Court for Jefferson County, Alabama, entered an Order which determined that two provisions in the Alabama Workers’ Compensation Act are unconstitutional. The Order found that Ala. Code §§ 25-5-68 (maximum compensation) and 25-5-90 (statutory attorney’s fee) were invalid under both […]
Arnwine Obtains Favorable Ruling on Appeal
The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment. The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway. A complaint filed […]
FLSA Rule Change Indefinitely Postponed
Late Tuesday, November 22, a federal judge in Texas issued a nationwide preliminary injunction against the United States Department of Labor’s (DOL) implementation of the final FLSA rule regarding white collar exemptions to overtime compensation, which was scheduled to take effect on December 1, 2016. The full opinion is available […]
Defense Win!
Ashley M. Baxter and Sean W. Martin in the Chattanooga, Tennessee office of Carr Allison, obtained summary judgment in a premises liability case. It was the day after Christmas. After navigating the throngs of like-minded post-holiday deal hunters, the plaintiff made her way through the shopping mall to the defendant’s […]
