Advisories

Recent Client Advisories


Advisories:

New legislation proposed in Maryland is attempting to broaden the pre-litigation disclosure of policy limits.

Maryland State Senator Robert A. Zirkin has proposed legislation that would expand the types of cases in which insurers must disclose policy limits to claimants before a lawsuit is ever filed.

D.C. Increases Amount in Controversy Limit for Small Claims Court

The jurisdictional limit of D.C.’s Small Claims Court has increased from $5,000 to $10,000.

D.C. eliminates contributory negligence for motor vehicle accidents with non-motorized users.

On October 4, 2016, the District of Columbia’s Mayor, Muriel Bowser, signed into law D.C. Bill B-21.4, which is titled: “The Motor Vehicle Collision Recovery Act of 2016.”

Sackett UM/UIM stacking clarification expected from Pennsylvania Supreme Court.

On August 8, 2016, the Pennsylvania Supreme Court agreed to hear the insured’s appeal of Toner v. Travelers, 137 A.3d 583 (Pa. Super. Ct. 2016), which decision was previously summarized in the April 2016 edition of this this firm’s liability eNotes.

Ban the Box Client Advisory (Philadelphia Employers):

Significant amendments to the "Ban the Box" law are signed into law

Ban the Box Client Advisory (New Jersey Employers):

New Jersey Department of Labor and Workforce finalized regulations on inquiring into an applicants criminal background during initial application

Pennsylvania Supreme Court unanimously reverses Superior Court and limits attorneys’ fees recoverable in First Party Auto actions

Doctor’s Choice Physical Med. & Rehab. Ctr., v. Travelers Pers. Ins. Co.

Amendments to Federal Rules of Civil Procedure go into effect on December 1, 2015

In an effort to expedite the litigation and discovery process, the United States Supreme Court has approved significant amendments effective December 1, 2015.

U.S. Department of Labor Advisory

While the Department of Labor’s Interpretation is not binding legal precedent, its Wage and Hour Division pursues enforcement actions against employers based on misclassifications of workers as independent contractors. The Interpretation is based on the Fair Labor Standards Act’s definition of “employ” as “to suffer or permit to work” and the “economic realities” test subsequently developed by the United States Supreme Court.

Legislative Update: Act 22 of 2015 (effective August 9, 2015)

Ride Sharing Act Amendments and Deregulation