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Archive by tag: White and Williams LLPReturn

Virginia Molds Tort Versus Contract Law in New Home Construction Case

Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims. However, states are...By: White and Williams LLP
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White and Williams LLP | Jan 22,2020 |

NJ and PA Workers' Compensation Benefits for 2020

Workers’ compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will determine the year for the rates...By: White and Williams LLP
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White and Williams LLP | Jan 10,2020 |

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related...By: White and Williams LLP
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White and Williams LLP | Jan 09,2020 |

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence”...By: White and Williams LLP
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White and Williams LLP | Jan 07,2020 |

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and Purple Communications, Inc....By: White and Williams LLP
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White and Williams LLP | Dec 30,2019 |

Office Holiday Parties Are Back, As #MeToo Concerns Surge

In the more than two years since Alyssa Milano’s tweet sparked the #MeToo movement, there have been significant changes in both the culture and the legal landscape. In the immediate aftermath of the ensuing movement, many employers opted to scrap...By: White and Williams LLP
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White and Williams LLP | Dec 09,2019 |

Pennsylvania Supreme Court Rejects Fluctuating Workweek Pay Method

As previously reported, the U.S. Department of Labor (DOL) recently announced a proposed rule that clarified the fluctuating workweek method (FWW) under the Fair Labor Standards Act (FLSA). Now, just two weeks later, the Pennsylvania Supreme Court in...By: White and Williams LLP
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White and Williams LLP | Dec 05,2019 |

Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

Is an insured (or putative insured) entitled to recover its legal expenses if it is successful in coverage litigation? In some states, no. In many other states, yes – based on either a statute or common law. In New York State, in Mighty Midgets,...By: White and Williams LLP
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White and Williams LLP | Nov 23,2019 |

Delaware Stockholders Need Only Present Reasonable Inference of Managerial Wrongdoing for Inspection of Company’s Records

Section 220 of the Delaware General Corporation Law affords stockholders a qualified right to inspect a corporation's books and records. A Section 220 inspection is a powerful stockholder right, and indeed, the Delaware Supreme Court has repeatedly...By: White and Williams LLP
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White and Williams LLP | Nov 22,2019 |

US DOL Seeks to Clarify Fluctuating Workweek Pay Method

Under the current U.S. Department of Labor (DOL) regulations, if certain conditions are met, an employer may pay an employee who works fluctuating hours a fixed salary for all hours worked and then an additional half-time for all hours over 40–a...By: White and Williams LLP
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White and Williams LLP | Nov 13,2019 |
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