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Recent Blog Posts
When Pigs Fly?
As a result of the pandemic, many of us did not spend much time on airplanes in 2020. When things return to “normal” in 2021, at least one thing will be different in the air – you probably won’t see pigs, or miniature horses, birds, or rabbits in the cabins of commercial airliners. Until now, […]
Arbitration Clauses Are Not Always Enforceable
Two recent California Courts of Appeal decisions illustrate possible pitfalls in defendants’ attempts to compel arbitration of an employment dispute. In Garcia v. Haralambos Beverage Co., 2021 DJDAR 118, the Second District Court of Appeal upheld the trial court’s order denying defendant’s motion to compel arbitration, despite arbitration agreements signed by the plaintiffs. The Court […]
The DOT Defines Unfair and Deceptive Practices
The US Department of Transportation (“DOT”) has been regulating unfair and deceptive practices for a long time pursuant to 49 U.S.C. 41712(a) (“Section 41712(a)”). While there have been many specific regulations enacted under Section 41712(a) to address consumer protection (i.e., price advertising, long tarmac delays, refunds and involuntary denied boarding), much of the airline industry […]
Be Careful of Arbitration Provisions
Most business people, and some consumers, are aware that many of the contracts into which they enter contain arbitration provisions. Such provisions typically provide that, should a dispute arise under the contract, the parties must utilize arbitration to resolve their differences instead of resorting to the civil courts. Although these provisions are so common that […]
Business Interruption Insurance Update
As the world continues to grapple with the public health ramifications of the unprecedented COVID-19 pandemic, a key dispute with significant economic consequences has developed between businesses and their insurance providers. Namely, are the losses sustained over the last several months covered, in whole or in part, by their business interruption insurance policies? Because most […]
Coronavirus/Force Majeure Litigation Update
Since our last COVID-19 update in May, thousands of additional coronavirus-related lawsuits have been filed throughout the United States. They continue to run the gamut, ranging from insurance coverage claims to contract disputes centered on force majeure provisions. There has, however, been a marked increase in the proportion of employment-related COVID-19 claims, although no cases […]
Website Accessibility By Disabled Persons
The Americans With Disabilities Act (“ADA”) protects the rights of disabled persons to equal access to public accommodations and facilities. When the ADA was enacted in 1990, commercial websites did not exist. Now, of course, websites are an important, even vital, method of marketing products and services, and courts throughout the nation are wrestling with […]
COVID-19 Litigation Update
The first wave of COVID-19 litigation has already started working its way through the courts. The federal dockets are jammed with habeas corpus petitions from inmates seeking early release from custody based on coronavirus health risks. Civil litigants have also fired their first proverbial shots in state and federal courts. This article focuses on three […]
“Irresistible Superhuman Cause”
Contractual Rights and Obligations in the Time of the Coronavirus Pandemic (For the full blog with citations please click here) As of this writing in early April 2020, we are witnessing a deepening global health and economic crisis. We are all focused on our loved ones and groceries and the latest news. But this too […]
Gift Cards To Become The New Battleground Under The ADA
In recent years, litigation under Title III of the Americans with Disabilities Act (“ADA”) has shifted from allegations concerning lack of architectural accessibility to physical locations (i.e., brick-and-mortar stores and restaurants) and instead focused on the provision of auxiliary aids and services to accommodate the needs and ensure effective communication to consumers with disabilities. With […]