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On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA . The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from...
As we have just passed the half-way point of 2022, many health systems are thinking about acquisitions they would like to complete before the end of the calendar year. In addition to the necessary due diligence, contracting considerations and licensure and regulatory issues, acquiring and selling...
A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a construction lender. See BCD Assocs., LLC v. Crown Bank, No. CV N15C-11-062 EMD...
This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...
Case: Bain v. Airoom, LLC, 2022 IL App (1st) 211001 A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable.
A new City of Chicago Ordinance requires that condominium associations and other highrise residential buildings provide relief for residents during extreme heat events. On June 22, 2022, in response to the heat-related deaths of residents of a senior living facility, the Chicago City Council...
Counterfeiting is seldom discussed in popular culture, but as a crime it is one of the most lucrative, eclipsing even the drug trade. In 2017, counterfeiting was responsible for almost $1 trillion in illegal sales. Incredibly, counterfeiting accelerated during the COVID-19 pandemic. That was caused...
Another in a series of recent court decisions has made meal and rest break claims significantly more troublesome for California employers. In May 2022, the California Supreme Court held that premiums for missed meal breaks are “wages” that must be reported on wage statements and paid in a timely...
On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication technologies to provide audio-only telehealth services in a manner that is...
On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an owner) liable for the unpaid wages and other amounts owed to employees of...
On April 27, 2022, the Chicago City Council amended the Chicago Human Rights Ordinance (CHRO). The amendments bolster the city’s sexual harassment laws and include enhanced protections for victims of sexual harassment in the workplace. The city’s press release announcing the changes can be accessed...
This month’s Friday Five covers cases relating to an award of attorney’s fees (but not) costs, class certification in an ERISA benefits case, a court finding that a physician claimant was disabled from his own occupation, a claimant paying into insurance he thinks he has, and an insurance company...
On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C . that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings focused on damages available under the Rehabilitation Act and the Affordable...
On May 26th, the EPA released an update of its Legal Tools to Advance Environmental justice – a compilation of the legal authorities it relies upon to protect public health and the environment for all persons in EJ and all communities. The tool kit replaces the “Plan EJ 2014 Legal Tools” and...
On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year anniversary of the NCAA's Interim NIL Policy allowing NCAA student-athletes the...
“Penny wise but pound foolish” first appeared in writing over 500 years ago. This idiom captures the wisdom of human experience in just five words: shortcuts that appear to save money are more expensive in the long run. Sometimes much more. Further proof of this eternal truth - and one taxpayer’s...
The Pennsylvania Supreme Court’s April 29, 2021, decision in a Right-to-Know Law (the “RTKL”) case has broad ramifications in matters where a state or local governmental agency has contracted with a private consultant and seeks to protect records the parties have exchanged while the agency...
Pennsylvania has required construction contractors to utilize minority and women businesses in state-funded construction since 1987. Within a short period of time, a parallel program was adopted for service contracting, where entities identified as “Socially or Economically Restricted Businesses”...
Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities. While some projects have been deferred in the current health and economic climate, at some point, and we hope sooner rather than later, the normal course of public...