Gig Workers and Employment Law

In 2019, 44 million people in the United States – 28.2% of workers – reported that they were self-employed, while 14% of workers said they were independent contractors. The Gig Economy is partially explained by COVID-19 but in reality this shift has been a long time coming. We look at some of the legal implications.

Pregnancy Discrimination and Title VII: What you need to know and what’s coming.

Workplace discrimination laws have been evolving since the inception of the Civil Rights Act of 1964. There have no doubt been monumental strides toward equality in the workplace since the enaction of Title VII legislation. Pregnancy discrimination, however, is one area that remains somewhat muddled, but a new bill is looking to clarify the obligations of employers under Title VII.

Coronavirus Litigation Overview

The COVID-19 crisis is bringing an unprecedented wave of litigation, and the range of legal issues involved is breathtaking. Despite the release of multiple vaccines, COVID-19 cases continue; whether these will be effective against new, recently identified strain remains unknown. The era of lockdowns and business restrictions may not be over and litigators should continue bracing themselves for novel legal challenges.

The Daubert Standard and Medical Expert Testimony

The Daubert Standard is the majority rule for admitting expert testimony.  Encompassed in the Federal Rules of Evidence 702[1], the test governs what evidence is scientifically reliable enough to provide to a jury.  We take a brief look how the SCOTUS ruling In Daubert v. Merrill Dow Pharmaceuticals relates to medical expert testimony.

Advancements in the PACER case

Federal court litigants have likely come across the PACER system, and know intimately that its use is based on a cost per page. In the works since 2016, a class-action lawsuit poses the ultimate question: “Are PACER fees even legal?”.

Is Zoom court fair?

Virtual proceedings have undoubtedly allowed courts to continue operating at a time when in-person hearings were out of the question and for that they deserve praise. But there are some kinks to work out, and in this short post, we take a look at the pros and cons of Zoom court.

The State of Eviction in the COVID Era

COVID-19 has exacerbated the eviction crisis in the United States. Absent a national solution to this issue, evictions are continuing business-as-usual, with a few major exceptions. Here’s what you need to know if you are representing either the landlord or the tenant in an eviction proceeding.

What Are Litigation Funders and Why Are They Legal?

Litigation funders or TPLFs finance civil litigation through non-recourse liens instead of self-financing or contingency agreements, in exchange for a cut of the settlement or judgment. Are they legal? That’s what we take a look at in this short article.

Litigators and Insurers Face-Off over Business Interruption Insurance during COVID-19

While businesses suffer, insurance carriers are denying claims, taking the stance that COVID-19 is not a “disaster”. States are responding by introducing legislation requiring carriers to cover COVID-19 losses. And personal injury firms anticipate an impending flood of litigation.

Who’s to Blame? COVID-19 Liability Shields and Waivers

COVID-19 calls into question American personal injury law’s role in consumer protection. Every area of the law will be impacted as litigants look to protect their rights in this pandemic.