Tag Archives: constitute

FLORIDA NON-COMPETE AND RELATED TORT LAW: WHEN DO AN EMPLOYEE’S ACTIONS BEFORE ENDING EMPLOYMENT CONSTITUTE TORTIOUS INTERFERENCE AS OPPOSED TO LAWFUL PREPARATION TO COMPETE?

It is well settled in Florida law that “an employee does not violate his duty of loyalty when he merely organizes a corporation during his employment to carry on a rival business after the expiration of his employment.” Fish v. … Continue reading

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Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App. 5th 729, 736 (2018) review and … Continue reading

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Second Circuit Holds That Issuer’s Alleged Statements Concerning Its Regulatory Compliance Efforts Do Not Constitute Material Misstatements

In Singh v. Cigna Corp., No. 17-3484-cv, 2019 U.S. App. LEXIS 6637 (2d Cir. Mar. 5, 2019), the United States Court of Appeals for the Second Circuit affirmed the dismissal of a class action complaint that purported to base a … Continue reading

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How the Tech Industry’s Expectation of Long Hours Might Constitute New Jersey Disability Discrimination

The technology industry is gaining prominence in New Jersey. A list of the five hundred fastest-growing tech companies from last year included sixteen New Jersey companies. A strong tech industry can bring many benefits to state and local economies, but … Continue reading

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Statute of limitations for initiating administrative disciplinary action extended where the act or omission charged may constitute a crime

Statute of limitations for initiating administrative disciplinary action extended where the act or omission charged may constitute a crimeFolborg v Bratton, 227 A.D.2d 108§75.4 of the Civil Service Law provides that disciplinary proceeding must be initiated "within 18 months of … Continue reading

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