Harsh Words for KIND Bars
Kind, LLC received a rude awakening from the FDA when it notified the popular snack-maker that it was violating numerous federal regulations by allegedly misbranding four popular products. Kind is known for its widely-popular snack bars which are…By: Cozen O’Connor
Texas Supreme Court Rules in Discrimination Matter
05/03/2015 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse // (press release) The Texas Supreme Court recently ruled for an employer in a discrimination matter. San Antonio Water Sys. v. Nicholas, No. 13-0966 (Tex. Apr. 24, 2015), available at https://www.txcourts.gov/media/943998/130966.pdf. The Texas Commission on Human Rights Act protects employees from retaliation when those employees oppose discriminatory employment practices. Here, the employee contended that she was terminated because she confronted a male employee about his repeated lunch invitations to two female employees who worked outside his department. She won a jury trial, and this ruling was affirmed by the intermediate appellate court. The Texas Supreme Court reversed. Opposition to a discriminatory practice is a protected activity even if the underlying discrimination claim ultimately fails. But, to…
What to Do After a Pedestrian Accident
Pedestrian accidents can happen anywhere, anytime. Perhaps, before crossing a street, you checked left and right and saw that the coast was clear of cars. Or you thought you and a driver made eye contact, but she kept driving and ran into the…By: Barry P. Goldberg, A Professional Law
What if I’m Injured Hiking or Camping?
Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided. So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable? On Tour If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and …
Food and Beverage News and Trends
Judge rejects consumer claim concerning evaporated cane juice – On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains products. The plaintiffs…By: DLA Piper
Can You Get Worker’s Compensation for Obesity?
The National Heart Forum estimates that 37 percent of Americans are obese. This number could rise to 50 percent by 2030. Obesity doesn’t just affect our size. It can cause other health problems, such as high blood pressure or heart attacks, or exacerbate the effects of other injuries, such as a back or knee injury. With the sedentary lifestyle of office work and all these drastic numbers in mind, can you get workers’ compensation for obesity? Work Related Injury While workers compensation laws vary from state to state, generally, you can get workers compensation for an injury that is work related, meaning it was caused or aggravated by your work duties or the conditions of your work place. Simple enough right? Obesity In 2013, The American Medical Association reclassified obesity as …
Workers’ Memorial Day: Remember the Dead – Fight for the Living, 28th April 2015
An international day of remembrance and action for workers killed, injured or disabled by work takes place today (28 April 2015).
Fort Worth Personal Injury Lawyers to Present at Local School Career Day Event
05/05/2015 // 1-800 Car Wreck Fort Worth (Press Release) // (press release) Fort Worth – I.M. Terrell Elementary School in Fort Worth is set to host a Career Day event on Friday, May 8th, where students will learn about various careers and vocations. Among the list of community and business leaders set to present information to students are the founding lawyers of the Fort Worth based personal injury law firm of Eberstein Witherite, LLP. Attorney Amy Witherite and Brian Eberstein will pass out goodies and speak to third, fourth, and fifth grade students about topics such as the education requirements for becoming an attorney, the day-to-day duties of their jobs, and the courtroom environment. Each One, Teach One: Staying Committed to Community Causes In addition to providing legal…
Hoosier Daddy? Indiana Supreme Court Defers to Trial Court Forum Non Conveniens Decision
The imminent retirement of David Letterman sent our mind back to all those grim law school days that foreclosed any smiles until after midnight, when Letterman’s velcro suit, random items heaved off a roof, and stupid pet tricks helped us forget the…By: Reed Smith
Employee or Independent Contractor: A Distinction That Makes a Difference
05/06/2015 // San Francisco, CA, United States // Keller Grover LLP // Eric Grover // (press release) On the surface, it seems just a label: employee or independent contractor? But how an employer classifies a worker can make a big difference in the protections and benefits he or she is entitled to. The issue has become particularly important today, as many companies are filling their rosters with what they deem independent contractors. In many cases, that is just what they are. But not always. And the misclassifications can prove costly for workers. In a new Google Hangout from the California wage and hour law firm Keller Grover, veteran lawyer Eric Grover explains how the law determines whether a worker is an independent contractor or, in fact, an employee. “There is no…
Business Litigation Alert: "The Blue Bell Recall – How to Effectively Handle a Very Public Crisis"
Since the beginning of April, Blue Bell has been making headlines, and not for a new flavor of ice cream. The Texas-based ice cream giant decided to recall all products from store shelves following a listeria outbreak….By: Porter Hedges LLP
Statements Made in HOA Recall Election Campaign are Subject to Anti-SLAPP Protection
A Strategic Lawsuit Against Public Participation or “SLAPP” is a civil lawsuit brought to either prevent or punish another person for exercising their First Amendment right to petition the government or to speak about public issues. The primary…By: Broedlow Lewis LLP