The Employee v. Independent Contractor Issue, Part I
This issue is treated as an affirmative defense, meaning that it is usually a jury issue in which each side must prove its point. This adds a lot of expense and risk to cases, beginning at the summary judgment stage and especially if the issue goes t... Read More
By Robin Fawsett (rfawsett@uww-adr.com)
11th Circuit Clarifies Article III Standing in FCRA Class Action
The 11th Circuit reversed the district court (and magistrate judge’s recommendation) and held – at least for alleged violations of the Fair Credit Reporting Act – that the mere alleged statutory violation itself is a “concrete injury” akin to the tra... Read More
3rd Circuit Knocks J&J's 'Texas Two-Step' Bankruptcy 2 Steps Back
This procedural maneuver, unique to Texas, permits corporations to split into two new companies, one that holds only mass-tort related liabilities (in J&J’s case all talc-related liabilities) and another that holds non-talc assets and liabilities." Read More
Six UWWM Mediators Selected to Super Lawyers Florida List
Six Upchurch Watson White & Max mediators, based from Miami to Jacksonville, have been named on the Super Lawyers Florida List, published today, June 24, 2022. All are repeat honorees, having been recognized anywhere from six to 14 times each. Read More