Employers Beware – Supreme Court Reevaluates the Shortened Statute of Limitations

Boilerplate language shortening the statute of limitations between an employer and an employee will not automatically give the employer a get out jail free card. The key is whether the parties are in a position to negotiate the terms of the agreement. Given this decision, we can expect to see more cases in the employment…

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Artful Pleadings Won’t Save You: A Premises Case is a Premises Case

Plaintiffs routinely attempt to plead around premises liability in favor of ordinary negligence to avoid defenses that are only applicable to premises liability claims. It is important to use dispositive motions to remove negligence allegations from a true premises liability complaint. Plaintiffs use this strategy to avoid defenses such as possession/ownership, lack of notice, and…

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