TX LEGAL EDGE

Author Archives

63

Supreme Court Sinks Comcast Class Action

Carol Keough April 5, 2013

Philadelphia customers sued Comcast Corporation arguing Comcast’s complete control over cable service in parts of Philadelphia allowed Comcast to raise prices unfairly.  The customers had several different theories as to how they were harmed by Comcast’s monopoly of the cable service business.  The United States Supreme Court held the customers were not a proper class… Continue Reading »

44

Fired Employee loses to Employer on Arbitration Clause

Carol Keough April 2, 2013

Gary Klein worked as a floor hand on a drilling rig for Nabors Drilling USA L.P. (Nabors).  Nabors asked him to sign an acknowledgment, as a condition of his employment, that he would agree to bring all disputes through the Nabors Dispute Resolution Program (Program).  At some point Nabors fired Mr. Klein.  Believing that he was fired… Continue Reading »

3

Supreme Court Rules Against Homeowner

Carol Keough March 22, 2013

An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage.  On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »

30

State Farm Wins Jurisdiction Fight

Carol Keough March 21, 2013

Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court.  On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »

42

NLRB Headed to the Supreme Court On The Obama Recess Appointments

Carol Keough March 12, 2013

On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court.  The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »

36

Did you miss the FMLA Poster Compliance Deadline?

Carol Keough March 12, 2013

This past Friday on March 8, 2013, all covered employers must post the new Family Medical Leave Act (“FMLA”) posters approved by the Department of Labor (“DOL”) in a place where all employees and job applicants may see it.  Maybe an employer does not have employees who qualify for FMLA at one of their companies… Continue Reading »

46

Dust off those Human Resources New Year’s Resolutions

Carol Keough February 25, 2013

Now nearing the last week in February 2013, how many of those New Year’s Resolutions which affect the way your business will deal with your employees are now gathering dust?  As an employer did you promise to revise your Employee Handbook and Policies to capture all the changes in state and federal laws?  Did you… Continue Reading »

55

Obama’s Recess Appointments Invalidated

Carol Keough February 14, 2013

The D.C. Circuit recently held that President Obama’s recess appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional.  Without these three appointees, the NLRB lacks a necessary quorum to deliver decisions.  The opinion of the D.C. Circuit in Canning v. National Labor Relations Board, (January 25, 2013), was that the Board did… Continue Reading »

62

Employee Waiver of Class Actions in Arbitration Agreements

Carol Keough February 12, 2013

On February 4, 2013, the Fifth Circuit heard argument on whether the National Labor Relations Board (NLRB) correctly ruled on January 6, 2012,   that D.R. Horton violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration agreement which waived the rights of its employees to participate in collective or class actions.   D.R…. Continue Reading »

56

5th Circuit Warning to Insured – Notify your Insurance Company

Carol Keough February 1, 2013

On January 17, 2013, the Federal Fifth Circuit affirmed a summary judgment against an insured, Mr. Reeder, for his mistake of keeping  his insurance company in the dark.  Jamestown Insurance Company, the insurer, argued on appeal that because of the conduct of Mr. Reeder, their insured, Jamestown Insurance Company was not required to defend or indemnify… Continue Reading »

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