News & Knowledge

FormanWatkins attorneys Vernon McFarland, Simine Reed, Courtney Hunt, and Jennifer Studebaker obtained summary judgment on behalf of a major retailer in relation to a personal injury case in Mississippi’s 10th Circuit Court District, on February 1, 2023. After sustaining injuries from a rogue police officer’s use of excessive force, Plaintiff sued FormanWatkins’ client alleging negligence, negligent hiring and retention, negligent infliction of emotional distress, and civil conspiracy. Plaintiff alleged an employee of the retailer negligently called the police after witnessing the Plaintiff’s suspicious activity in the store. The FormanWatkins’ team filed a motion for summary judgment, arguing its client was not liable because the police officer’s use of force was an intervening, superseding cause of the Plaintiff’s injuries.  The Court noted in its Order that “in his deposition testimony, Plaintiff admitted no retailer employee attempted to stop or detain him and that the police officer was the only person to assault him. Plaintiff has produced no evidence to support his claims.”  The Court granted summary judgment and dismissed the claims against FormanWatkins’ client.

On October 10, 2022, an Orleans Parish District Court judge for a second and final time dismissed a mesothelioma asbestos exposure case in favor of two energy companies, represented by Forman Watkins & Krutz attorneys Byron Kitchens and Margaret McLaughlin, and Michael Abraham and Peter Moir, respectively. Plaintiffs are Italian citizens who initially filed suit under maritime law nearly ten years after their decedent’s mesothelioma diagnosis. The parties re-filed a new motion and Plaintiffs brought two witnesses to testify on their behalf, including one of the Plaintiffs and an Italian lawyer. After successful cross-examination executed by McLaughlin and Kitchens, the case was brought home by the testimony of the defense’s Italian medical expert, brought in by Moir. Ultimately, Civil District Court Judge Giarrusso granted the clients’ Renewed Exception of Prescription (motion to dismiss due to statute of limitations).

For 18 months, companies have been consumed with navigating a myriad of operational challenges during this once-in-a-generation pandemic.  HR departments have had the daunting task of interpreting in real time the onslaught of executive and state orders, congressional acts, and federal agencies guidelines to implement COVID-19 policies and procedures to address a variety of personnel matters from remote work to vaccination directives.

Jackson Partner Vernon McFarland recently had an article published in DRI Voices (November 4, 2020).  Read it below, or click the image to open it in a new browser.

Mississippi political news site Y’all Politics published a short article written by FormanWatkins attorney Spencer Ritchie on the difference between “voting by mail” and voting by absentee ballot.

The Supreme Court issued its slip opinion in the matter of United States Patent and Trademark Office v. Booking.com on June 30, 2020.[i]  Justice Ginsburg wrote the opinion for the Court, and Roberts, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh joined.  Justice Sotomayor wrote a concurring opinion, and Justice Breyer filed a dissenting opinion.

On May 4, 2020, the United States Supreme Court made an unprecedented move and broadcast an oral argument live for the first time.[i] The case pits the United States Patent and Trademark Office (“USPTO”) against Booking.com.[ii] The matter is before the Supreme Court as a result of the USPTO’s denial of Booking.com’s trademark applications. Lately, the average number of days between oral argument and getting to an opinion is around 90 days. So, we are expecting an opinion potentially in early August 2020. While we wait, here is a brief overview of the case.

As the coronavirus/COVID-19 pandemic drags on, businesses large and small continue to feel the impacts in a variety of ways. In recent days and weeks, in a necessary effort to “flatten the curve” of COVID-19 diagnoses, state and municipal governments across the country have issued shelter-in-place or safe-at-home orders that have forced closures of businesses deemed “non-essential,” altered hours or operations for almost all restaurants, and limited potential customer movement to only essential activities and travel. For example, Mississippi’s Shelter-in-Place Order, explained here, took effect last Friday.

With the recent implementation of the Families First Coronavirus Response Act (FFCRA), small business owners have more questions than answers applying the law in real time as shelter-in-place orders go into effect in response to the COVID-19 pandemic.  The Department of Labor (DOL) has answered several questions in its Q&A sheets to assist employers on their responsibilities under the Act.  The following is a recap of the DOL’s answers to some of the more pertinent questions:

Arbitration Clauses in Employment Agreements:  Keeping Them Enforceable  By:  Malissa Wilson Mandatory arbitration clauses in employment contracts reduce the possibility that legal action will be taken against employers.  Wrongful termination, wage and discrimination claims can all be resolved in a private process before a disinterested third person, rather than publicly in court before twelve jurors. While enforceable, arbitration clauses in employment agreements must still comply with basic principles of contract formation.  For instance, an employee can still raise misrepresentation, mistake, and undue influence as defenses to the enforcement of an employment agreement containing an arbitration clause.  In drafting arbitration clauses, it is important that the language is written in a way that is not confusing (use of terms that are vague or not commonly understood) or hard to read (font size is too small).  It is also important that the clause is fair by not placing more of the cost to arbitrate on the employee or placing unreasonable limitations on damages or the proceedings themselves. The arbitration clause should name the arbitration organization, such as the American Arbitration Association, where the claim will be filed and whose rules will be followed. When presenting an arbitration clause to potential and current employees, human resource personnel should go over the clause with the employee; answer any questions an employee may have; and, not rush or pressure the employee into signing the agreement.  Last, the agreement must be signed indicating an understanding that the employee is waiving the right to pursue employment-related claims […]