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 […]
Watson and Harris Obtain Summary Judgment
Jordan Watson and Hugh Harris obtained summary judgment in the Circuit Court of Jefferson County, Alabama on behalf of a client sued for legal malpractice. The lawsuit involved claims of legal malpractice made by eight plaintiffs arising out of an employment discrimination matter. Jordan and Hugh argued that the malpractice […]
Compensability for Injury that Occurred while Undergoing Pre-Employment Physical
Hamilton v. Kenco Logistics Services, LLC (Mar. 8, 2016) The Workers’ Compensation Appeals Board in Tennessee recently affirmed the trial court’s finding that an employee’s injury that occurred while she was undergoing a pre-employment physical did not occur in the course and scope of her employment. In this case, the […]
Attorneys Prevail in Florida
Matt Hall and Faith Nixon represented a client located in the Florida panhandle concerning a claim for sexual harassment, discrimination and retaliation filed with the Florida Commission on Human Relations (FCHR) and the Equal Employment Opportunity Commission (EEOC) by one of its seasonal employees. Faith and Matt participated in the […]
Retail and Hospitality Team Obtains Defense Verdict
Shareholder Glenn E. Ireland and Associate Angel A. Darmer recently obtained a defense verdict for a regional fast food chain in a jury trial held in the Circuit Court of Jefferson County, Alabama. Plaintiff’s Complaint alleged claims of Assault and Battery, Negligent Supervision, and the Tort of Outrage against the […]
Retail and Hospitality Team Prevails
Shareholders Glenn E. Ireland, Joe Driver and Virginia Gambacurta recently obtained a ruling from the Alabama Supreme Court granting their Petition for Writ of Mandamus and directing the circuit court to dismiss Plaintiff’s Complaint, thereby disposing of all claims against their client, a national pharmacy chain. On August 26, 2015, […]
Department of Labor Releases New Overtime Rule
More Than 4 Million Employees Newly Eligible for Overtime Pay – The Fair Labor Standards Act requires employers to pay overtime rates to many employees working more than 40 hours in a work week. The FLSA exempts certain positions from overtime rates for employees in executive, administrative and professional positions […]
Daubert Attack On Opposing Medical Causation Experts
Introduction To prevail in a personal injury case, an essential element the Plaintiff must prove is causation. That is, the Plaintiff must prove the subject accident or incident actually caused the Plaintiff’s injury and damages. Plaintiffs typically seek to establish this element through the testimony of one or more post-accident […]
