InsightsBlogs and ArticlesView our more recent posts below or click directly to a specific blog from our side column listing. FTC Approves Final Rule Banning Noncompete AgreementsApril 24, 2024 On April 23, 2024, the Federal Trade Commission (“FTC”) approved a proposed final rule that would effectively ban noncompete clauses in employment contracts. In issuing the final rule, the FTC stated that noncompete agreements are an “unfair method of competition” that constitute a violation of… TITLE VII IS NOW A GRIEVANCE STATUTE FOR EMPLOYEESApril 17, 2024 For years, federal courts have followed two mantras: (1) employment statutes should not function as “general civility” codes in the American workplace; and (2) Title VII is not a vehicle for a court to serve as a super-personnel department weighing the prudence of employments decisions. See, e.g.,… MSHA Releases Highly-Anticipated Rule Addressing Respirable Crystalline Silica ExposureApril 16, 2024 On Tuesday, April 16, 2024, the Mine Safety and Health Administration (“MSHA”) released its final rule aimed at reducing miners’ exposure to respirable crystalline silica, otherwise known as silica dust or quartz dust. The final rule largely adopts the version MSHA proposed last year that modifies… Health Care Providers are Protected Against Double Recovery by Plaintiffs Because W. Va. Code § 55-7B-9 (b) Requires Reduction of Jury Verdicts by the Amount of any Pretrial SettlementsMarch 15, 2024 Hot off the presses yesterday (3/14/2024) is Cummings v. Paine where the Intermediate Court of Appeals (ICA) affirmed that jury verdicts against health care providers must be reduced by the amount of any pretrial settlements. In Cummings, after the jury awarded $250,000 against a doctor and… NLRB Faces New Constitutional Challenge, as Amazon Joins the FightFebruary 20, 2024 The list of employers challenging the National Labor Relations Board (“NLRB”) grew again last week, as Amazon joined the likes of SpaceX, Starbucks, and Trader Joe’s in arguing that the NLRB is unconstitutional. In an answer to a Board charge, Amazon asserted that the structure of the NLRB is… Valuing Your Summer Associate ExperienceJune 22, 2023 Whether you are working in-house, in the public sector, private sector, at a large firm, small firm, or no firm at all, your summer work is immensely important. It has nothing to do with setting yourself up for the next 40 years of practice – while that concept may sound nice and calming to some… Tom Hurney Article Published in Drug and Device LawJune 13, 2023 Jackson Kelly Member Thomas Hurney, Jr. was published as a "guest author" for Drug & Device Law, today. The article, titled "More on Expert Gatekeeping in West Virginia," can be found by clicking the link here: https://www.druganddevicelawblog.com/2023/06/guest-post-more-on-expert-gatekeeping-in-we… |
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