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The Employee v. Independent Contractor Issue, Part I
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
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
By Lance A. Harke (lharke@uww-adr.com)

Courts Re-Examine Long-Standing Approach of Basing Fees on Benefits Available to Class
Courts Re-Examine Long-Standing Approach of Basing Fees on Benefits Available to Class In Lowery v. Rhapsody International, Inc., the Ninth Circuit reversed a $1.7 million fee award in a claims-made class settlement because only $53,000 in class benefits were distributed, despite $20 million in benefits being available. Read More
By Lance A. Harke (lharke@uww-adr.com)

Supreme Court May Take up Class Representative Awards as Inter-Circuit Conflicts Emerge
Supreme Court May Take up Class Representative Awards as Inter-Circuit Conflicts Emerge We will be closely monitoring this fast-changing legal landscape and updating our readers on future developments. Read More
By Lance A. Harke (lharke@uww-adr.com)

3rd Circuit Knocks J&J's 'Texas Two-Step' Bankruptcy 2 Steps Back
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
By Lance A. Harke (lharke@uww-adr.com)

Claimants, Defendants Have Good Reasons to Resolve FLSA Overtime Claims Early
Claimants, Defendants Have Good Reasons to Resolve FLSA Overtime Claims Early FLSA claims for overtime compensation, whether based on a demand letter or a complaint, are easy cases to evaluate from their inception. The FLSA overtime provisions require employers to pay nonexempt employees one and one-half times their regular ho... Read More
By Robin Fawsett (rfawsett@uww-adr.com)

Global Class and Collective Actions on Rise in 2022
Global Class and Collective Actions on Rise in 2022 American-based law firms and corporations are heavily involved in this "new normal." Read More
By Lance A. Harke (lharke@uww-adr.com)

Potential Liability of Employers to Tipped Employees: A Key Area for Early Resolution
Potential Liability of Employers to Tipped Employees: A Key Area for Early Resolution There are expensive traps associated with these opportunities to save. Employer liability per tipped employee arises if the common practice of tip pooling is abused. ... Especially in these interesting times, many employers of tipped employees cannot... Read More
By Robin Fawsett

Six UWWM Mediators Selected to Super Lawyers Florida List
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

John Jopling, Leading North Florida-Based Lawyer, Joins UWWM as Full-Time Mediator
John Jopling, Leading North Florida-Based Lawyer, Joins UWWM as Full-Time Mediator As he launches his mediation practice with Upchurch Watson White & Max this summer, Mr. Jopling reflects on the values of resolution and finality and what they can mean for litigants and lawyers. Read More

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