The Eastern District of North Carolina recently upheld an insurer’s decision to deny a claim for theft based upon the policy’s Entrustment Exclusion in 2900 Rock Quarry, LLC v. Westfield Insurance Company, 2017 WL 2616961,… Read More
You are an employer, hiring to fill a position that requires an employee be on-call seven days per week. An otherwise suitable applicant informs you during the hiring process that he or she will not… Read More
The Equal Employment Opportunity Commission (“EEOC”) filed suit in federal court on Wednesday, August 30, 2017, against cosmetics giant Estée Lauder Companies, Inc. for sex discrimination in its parental leave policies. The EEOC alleges that… Read More
(Co-written by Molly M. Martinson) On August 1, 2017, the North Carolina Court of Appeals issued a ruling in Nash Hospitals, Inc. v. State Farm Mutual Automobile Insurance Co., holding that an insurance company may… Read More
Very often in bad faith or coverage litigation, an insurance company must respond to a notice of deposition pursuant to Rule 30(b)(6) of the Rules of Civil Procedure. This rule permits an adverse party to… Read More
A recent settlement between a staffing company and the Equal Employment Opportunity Commission (“EEOC”) offers a reminder that company-wide grooming standards may implicate protections under Title VII of the Civil Rights Act of 1964. Orlando-based… Read More
On June 9, 2017, the IRS released Revenue Procedure 2017-34 (the “2017 Rev. Proc.”) which sets forth a simplified method for surviving spouses to make a “portability” election to take advantage of a deceased spouse’s… Read More
Along with my colleagues, Dana Hoffman and Brian Beverly, I attended the North Carolina Chamber’s Transportation and Infrastructure Summit recently held in Durham, NC and sponsored by Young Moore. The Summit brought together North Carolina… Read More
The US House of Representatives just passed the “Working Families Flexibility Act of 2017” allowing employees to take paid time off – “comp time” – rather than overtime pay. The Act amends the Fair Labor… Read More
(Coauthored by Matthew J. Gray and David W. Earley) In recent years, assignment of benefits abuse has wreaked havoc on Florida’s property insurance industry. According to a recent report by the Florida Justice Reform Institute, over… Read More
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