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Porzio Bromberg & Newman PC | USA | 25 Mar 2019

New Jersey Invalidates Non-Disclosure Provisions In Discrimination, Harassment, and Retaliation Settlements, and Prohibits Preemptive Waiver of Statutory Rights

As of March 18, 2019, employers covered by New Jersey law can no longer enforce employment contracts or settlement agreements that conceal the


Buchanan Ingersoll & Rooney PC | USA | 6 Jun 2017

CMS Reverses Course on Arbitration Agreements

On October 4, 2016, the Centers for Medicare and Medicaid Services (CMS) published a final rule prohibiting nursing homes from offering pre-dispute


Pepper Hamilton LLP | USA | 23 Feb 2017

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of Contract, the Economic Loss Rule, and Project Waivers

This case arose out of a construction project in which the Oldham County Board of Education (the “Board”) was the owner, K. Norman Berry Associates


Bingham Greenebaum Doll LLP | USA | 3 Nov 2016

Kentucky: Liability Waiver Contract Not Subject to Kentucky Sales Tax

The Kentucky Board of Tax Appeals ("Board") has found that rent-to-own companies were not required to collect sales tax on separate liability waiver


Manatt Phelps & Phillips LLP | USA | 15 Dec 2015

Federal and state health reform news: Dec 15, 2015

The Department of Health and Human Services (HHS) and the Treasury Department released joint guidance describing standards for reviewing State


Phelps Dunbar LLP | USA | 27 Mar 2014

Kentucky Court of Appeals finds failure to issue timely reservation of rights waives coverage position

The Court of Appeals of Kentucky has held that an insurer's failure to reserve rights for over two years waived all coverage defenses and enlarged


Frost Brown Todd LLC | USA | 23 Oct 2012

Should Kentucky banks include class action waiver clauses in their account agreements?

A recent Kentucky Supreme Court decision, Schnuerle v. Insight Communications Co.,1 declares that Kentucky courts may no longer strike down a Class Action Waiver Clause, found as part of a contractual Arbitration clause, based on a per se theory of unconscionability.


Bricker & Eckler LLP | USA | 1 Apr 2011

What the courts are saying

Each month, Brickerconstructionlaw.com summarizes recent decisions of state and federal courts that may affect construction projects and those involved with them in Ohio, Indiana, Kentucky and Michigan.


Ballard Spahr LLP | USA | 27 Dec 2010

Kentucky Supreme Court invalidates class action waiver in internet provider’s arbitration provision; orders class arbitration

The arbitration "nightmare" feared by most companiesclasswide arbitrationhas become a reality for Insight Communications Company LP, an Internet service provider that was named in a putative class action filed in Kentucky state court.


Frost Brown Todd LLC | USA | 10 Sep 2010

Kentucky appellate court requires arbitration even if contract already terminated

The Kroger Company expanded a grocery store in Lexington, Kentucky and hired E.H. Construction, LLC as the general contractor for the expansion project.

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