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Recent Articles

Judge awards $0 after Plaintiffs’ counsel seeks $1.1 million in attorneys’ fees after winning bad faith case

In a scathing, 100-page opinion from the The U.S. District Court for the Middle District of Pennsylvania, the Court reiterated that the decision whether to assess attorneys’ fees, costs, and interest under the Pennsylvania bad faith statute is completely within the discretion of the trial court. The court noted that although it may assess attorneys' fees upon a finding of bad faith, it is not required to do so and the party seeking attorneys’ fees bears the burden of demonstrating the reasonableness of the fees, thus denying any fee award after plaintiffs' counsel petitions for $1.1 million in attorneys' fees. 

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Impact of Overtime Regulations on Employers After DOL Files Reply Brief

Employers now have a clear picture of the Department of Labor’s position on its ability to promulgate overtime regulations, but remain unclear as to what the salary level threshold amount to qualify executive, administrative and professional employees as exempt will be in the future. On June 30, 2017, the Department of Labor (DOL) filed its long-awaited reply brief in State of Nevada et al. v. U.S. Department of Labor, No. 16-41606 (5th Cir.), the appeal regarding the overtime regulations that has been pending in the Fifth Circuit since before President Trump’s inauguration. The reply brief provides insight into DOL’s position on the regulations following the inauguration, a position that was in question until the reply brief was filed.

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Filing a National Flood Insurance Claim in State Court is No Better Than Filing it in the Kitchen Drawer

In Woodson v. Allstate Ins. Co., the United States Court of Appeals for the Fourth Circuit recently opined that a Claimant’s action was time-barred when he filed a breach of contract and bad faith action in state court within one day of the applicable statute of limitations, notwithstanding a federal statute that required all claims made under their policy to be filed in a federal district court.  The Court concluded that the federal authority governing the National Flood Insurance Program (“NFIP”) preempts state law, but it left open the question as to whether the NIFP preempts all state authorities within its scope or merely conflicting state authorities. In the wake of Woodson, insurers and underwriters would be prudent to carefully assess the interplay between federal and state statutes and regulations as the governing authority of their policies.

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Texas Federal Judge Enjoins U.S. Department of Labor from Implementing and Enforcing its Final Rule Regarding Overtime Eligibility

U.S. District Judge Mazzant from the Eastern District of Texas issued a nationwide preliminary injunction that precludes the Department of Labor (DOL) from implementing or enforcing its Final Rule increasing the minimum salary level applicable to exempt executive, administrative and professional employees (EAP) in State of Nevada v. U.S. Department of Labor.

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Past Articles

Judge awards $0 after Plaintiffs’ counsel seeks $1.1 million in attorneys’ fees after winning bad fa

In a scathing, 100-page opinion from the The U.S. District Court for the Middle District of Pennsylvania,…

read more »
Impact of Overtime Regulations on Employers After DOL Files Reply Brief

Employers now have a clear picture of the Department of Labor’s position on its ability to…

read more »
Filing a National Flood Insurance Claim in State Court is No Better Than Filing it in the Kitchen Dr

In Woodson v. Allstate Ins. Co., the United States Court of Appeals for the Fourth Circuit…

read more »
Texas Federal Judge Enjoins U.S Department of Labor from Implementing and Enforcing its Final Rule R

U.S. District Judge Mazzant from the Eastern District of Texas issued a nationwide preliminary injunction…

read more »
Family Businesses Beware: IRS Shifts Bullseye with Newly Proposed Tax Regulations

With the recent issuance of proposed regulations under Section 2704 of the Internal Revenue Code,…

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