May 22, 2020
Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.1 Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:
May 22, 2020
Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing …
May 22, 2020
On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location. An express waiver or…
May 22, 2020
Over the past few months, we have become accustomed to the New Normal of our personal and professional lives in the midst of the novel coronavirus, which causes the COVID-19 disease (collectively, “COVID-19”). As certain governments are starting the process of rolling back shelter-in-place and business shutdown orders though, we all are concerned with best practices for getting back to business…
May 12, 2020
The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances. The party requesting the extension must include a statement that:
A practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated…
May 11, 2020
Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”). The Executive Order designates certain individual healthcare practitioners…
May 9, 2020
As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…
May 8, 2020
The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…
May 8, 2020
On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, and followed with a stay at home order on April 1, 2020. On May 8, 2020, the Governor transitioned 24 counties around Pennsylvania from red phase to yellow phase to begin reopening the state incrementally. Governor Wolf also announced that Allegheny County and other southwestern Pennsylvania counties will also…
May 7, 2020
On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…
May 7, 2020
On June 28, 2018, the California legislature passed the California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020. Enforcement of the CCPA will begin on July 1, 2020, which gives companies a grace period to ensure compliance with the new law, a task that has caused concern with these companies. However, compliance with the CCPA may look different in the near future.…
April 27, 2020
The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three ways that impact the horse industry: (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan…
May 22, 2020
Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.1 Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:
May 22, 2020
Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing …
May 22, 2020
On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location. An express waiver or…
May 22, 2020
Over the past few months, we have become accustomed to the New Normal of our personal and professional lives in the midst of the novel coronavirus, which causes the COVID-19 disease (collectively, “COVID-19”). As certain governments are starting the process of rolling back shelter-in-place and business shutdown orders though, we all are concerned with best practices for getting back to business…
May 12, 2020
The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances. The party requesting the extension must include a statement that:
A practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated…
May 11, 2020
Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”). The Executive Order designates certain individual healthcare practitioners…
May 9, 2020
As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…
May 8, 2020
The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…
May 8, 2020
On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, and followed with a stay at home order on April 1, 2020. On May 8, 2020, the Governor transitioned 24 counties around Pennsylvania from red phase to yellow phase to begin reopening the state incrementally. Governor Wolf also announced that Allegheny County and other southwestern Pennsylvania counties will also…
May 7, 2020
On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…
May 7, 2020
On June 28, 2018, the California legislature passed the California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020. Enforcement of the CCPA will begin on July 1, 2020, which gives companies a grace period to ensure compliance with the new law, a task that has caused concern with these companies. However, compliance with the CCPA may look different in the near future.…
April 27, 2020
The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three ways that impact the horse industry: (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan…
