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Smith, Gambrell & Russell, LLP

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Special relationship between an insured and an insurance broker

USA - April 2 2014 Does an insurance broker have a special relationship with the insured that may create a liability for failing to advise or direct the client to

No breach of fiduciary duty where allegation of trust and reliance is not reasonable

USA - May 20 2013 In Pappas v. Tzolis, an action between former members and managers of an LLC, the Court of Appeals addressed the question of whether one member

The “Lefkowitz” CPLR 3101(a) “trifecta”

USA - January 1 2014 On November 7-8, 2013, the Office of Court Administration posted three informative decisions by Justice Joan B. Lefkowitz, (Supreme Court

Mandated paid sick leave - now and in the future

USA - March 22 2013 More U.S. cities and states are considering mandating paid sick leave. Only four cities, Portland, San Francisco, Washington, D.C., and Seattle

Pro-union temporary tattoos may necessitate a revision of company policies

USA - March 29 2012 Another organizing tool that unions are taking out of their toolbox to increase the number of dues-paying members is a temporary tattoo that includes pro-union slogans

Emotional distress damages recoverable for violation of bankruptcy automatic stay

USA - May 8 2014 In Lodge v. Kondaur Capital Corp., Case No. 13-10919 (decided May 8, 2014), the United States Court of Appeals for the Eleventh Circuit decided an

DC Circuit upholds EPA rules setting standards for mercury

USA - May 2 2014 On April 15, a Federal DC appeals court upheld the EPA's February 2012 final rule setting air toxic standards for mercury. Under the rule, which

Federal Court in NY invalidates EPA water transfer rule

USA - April 25 2014 A ruling by the U.S. District Court for the Southern District of New York on March 28, invalidating a Bush-era EPA rule exempting transfers of water

Georgia is not an “Iqbal-Twombly” jurisdiction

USA - April 24 2014 In Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), the United States Supreme Court created a

Permit appeal may affect underground injection of fracking wastewater

USA - April 21 2014 On March 14, residents and officials in Brady Township, Pennsylvania, appealed an underground injection control (UIC) permit issued by U.S. EPA to