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Smith, Gambrell & Russell, LLP | USA | 8 May 2014
Emotional distress damages recoverable for violation of bankruptcy automatic stay
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…
Smith, Gambrell & Russell, LLP | USA | 2 May 2014
DC Circuit upholds EPA rules setting standards for mercury
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…
Smith, Gambrell & Russell, LLP | USA | 25 Apr 2014
Federal Court in NY invalidates EPA water transfer rule
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…
Smith, Gambrell & Russell, LLP | USA | 24 Apr 2014
Georgia is not an “Iqbal-Twombly” jurisdiction
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…
Smith, Gambrell & Russell, LLP | USA | 21 Apr 2014
Permit appeal may affect underground injection of fracking wastewater
On March 14, residents and officials in Brady Township, Pennsylvania, appealed an underground injection control (UIC) permit issued by U.S. EPA to…
Smith, Gambrell & Russell, LLP | USA | 17 Apr 2014
Effective immediately: brand new Mississippi lien laws
In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. Of Houston, LLC, 732 F.3d 479 (5th Cir…
Smith, Gambrell & Russell, LLP | USA | 15 Apr 2014
Websites need to be reviewed for California “do not track” disclosures
If they have not already done so, companies that collect information on California residents need to confirm that company websites include…
Smith, Gambrell & Russell, LLP | USA | 14 Apr 2014
OSHA inspectors set high beams on auto parts manufacturers in the southeast
If you are a motor vehicle parts manufacturer within Georgia, Alabama and Mississippi, your probability of undergoing a comprehensive on-site Federal…
Smith, Gambrell & Russell, LLP | USA | 14 Apr 2014
The Eleventh Circuit addresses apartment complex owner liability under the Fair Housing Act
In its decision in Harding v. Orlando Apartments, LLC, Case No. 13-11805 (decided April 14, 2014), the United States Court of Appeals for the…
Smith, Gambrell & Russell, LLP | USA | 14 Apr 2014
Expanded New York City paid sick leave law is now in effect
The recently amended Earned Sick Time Act ("ESTA") became effective on April 1, 2014 in New York City and now requires employers with fiveor more…
