News & Knowledge

Malissa Wilson and Spencer Ritchie will be speakers at the upcoming Mini Law School for HR Professionals seminar.  This is a basic level seminar that will examine the current issues in human resource law for attorneys, Human Resources and financial professionals, and other business executives.  Malissa and Spencer would love for you to join them!

New Jersey partners Tom Toman and Nicole Diesa recently won a summary judgment motion in New Jersey asbestos litigation.  Despite a tentative decision to deny the motion, the Court eventually granted summary judgment and found that based upon a failure to establish causation, plaintiff could not submit a legally sufficient case against the manufacturer of electrical products represented by FormanWatkins.  Ms. Diesa wrote the winning briefs, and Mr. Toman gave the oral argument.

Malissa Wilson and Spencer Ritchie were speakers at the Human Resource Law from A to Z seminar, held March 27-28, 2019, in Pearl, Mississippi. The basic-to-intermediate level seminar provided a comprehensive overview of current issues in human resource law for attorneys, Human Resource and financial professionals, and other business executives.  Wilson and Ritchie spoke about discrimination and harassment; workplace behavioral issues; workplace privacy and employee monitoring; and, disciplining and firing employees. Click here to learn more about FormanWatkins’ Labor & Employment practice.

Malissa Wilson and Courtney Hunt won summary judgment in a case involving an uninsured/underinsured coverage dispute. The plaintiffs were seeking $3 million in uninsured/underinsured coverage. The Court dismissed plaintiff’s complaint on the ground that the policies in dispute had been properly non-renewed and were not in effect at the time of the accident.

The Monmouth & Ocean County Veterans Information and Resources Clinic was held on Saturday, March 30, 2019, and New Jersey Partners Tom Toman and Nicole Diesa were among those who volunteered. The event was held at the James J. Howard Outpatient Clinic in Brick, New Jersey, and it was successful in reaching a number of younger Veterans that do not normally use the Clinic or any other traditional Veterans groups. Overall, there were 10+ legal consultations conducted, with participation from six additional Veterans aide groups. Based on the success of the event, the president of the Ocean County Bar has asked that another joint Veterans Information and Resources Clinic be organized for later this year. This was the second pro bono event orchestrated by the Monmouth Bar Association as part of a new Veterans’ program that was initiated by FormanWatkins in 2018.

FormanWatkins Partner Malissa Wilson participated in the mini-mentoring session at the 2019 Bessie Young Council Mentoring Conference on Friday, March 29, 2019, at the University of Mississippi School of Law.  The session involved attorneys meeting with students to discuss their respective area of legal practice, work/life balance, what they look for in an associate, and what impresses firms when they interview potential associates.  The mission of this annual conference is to provide learning and networking opportunities for non-traditional law students and young lawyers.  Through its annual conference, the Bessie Young Council shares the experiences of its member attorneys and others in the field to help foster successful careers for those law students and young lawyers who may encounter unique obstacles along the way. Pictured below are Mentors from the 2019 Bessie Young Council Conference.

Malissa Wilson and Taylor White obtained a favorable ruling on a motion for judgment on the pleadings in Smith County Circuit Court in a motor vehicle accident case.  The Court dismissed the plaintiff’s complaint on the ground that her claims were barred by a previous Release and Settlement Agreement, under which she accepted settlement proceeds in full satisfaction of any claims related to the accident.

The FormanWatkins Women’s Initiative was a proud sponsor and attendee of the 26th Annual Evelyn Gandy Lecture Series, hosted by the Mississippi Bar Women in the Profession Committee at the Grand Hotel in Point Clear, Alabama, February 22-24, 2019.  As a scholarship sponsor, FormanWatkins provided funding for Mississippi law students to participate in this mentorship event.  Highlights from this year’s Gandy included a lecture by Judy Perry Martinez, ABA President-Elect Designee, who spoke on the future of the legal profession, in addition to a panel discussion with judges from the state’s appellate and trial courts.  Conference attendees also participated in a panel discussion regarding successful integration of pro bono and community service in the practice of law wherein panel members recognized the pro bono culture at FormanWatkins.

The seasons have changed from Winter to Spring, but the EEOC’s position regarding wellness incentives remains the same. This year’s stalemate over employee wellness programs has increasingly caused employers to ask: have wellness incentives become more trouble than they are worth? In a dramatic shift from its former endorsement of wellness incentives, the Equal Opportunity Employment Commission (EEOC) has invalidated the incentive provisions of its wellness program regulations. The result: since January 1, 2019, when the EEOC regulations became ineffective, employers have been in limbo when it comes to implementing their employee wellness programs, with no guidance from the EEOC to speak of.

On February 27, 2019, Win Gault and Jake Banks successfully obtained a defense verdict in a Telephone Consumer Protection Act (“TCPA”) arbitration.  The claimant maintained she received nearly 1400 unauthorized debt collection calls and sought statutory treble damages totaling nearly $2 million.  At the arbitration, both sides presented fact and expert testimony on the defendant company’s software system.  After hearing testimony and reviewing post-arbitration briefs, the Arbitrator concluded the claimant was entitled to nothing because the software system did not meet the statutory definitions under the TCPA.  Additionally, the Arbitrator addressed the claimant counsel’s call-baiting activities designed to increase the numbers of calls claimant received.  Specifically, the claimant’s counsel called the defendant company with the claimant on the call, instructed claimant to read a script, did not notify the company that he was on the calls, and secretly taped the discussions.  The Arbitrator called this conduct “deceptive”. Gault and Banks presently have TCPA arbitrations scheduled in five states in 2019.