Under the Perishable Agricultural Commodities Act (“PACA”) there are very specific protections for growers and sellers of produce. In particular, PACA specifies the need for prompt payment terms which means payment in full within 10 days of the buyer’s acceptance of the produce. See, 7 C.F.R. §46.2(aa). The payment terms between the parties can never […]
In a controversial 6-3 decision, the United States Supreme Court struck down Harvard College’s admissions procedures, along with those of the University of North Carolina, as unconstitutional under the Fourteenth Amendment. Specifically, the Court held that the universities’ justifications for considering race in the admissions process did not pass constitutional muster. All Ohio post-secondary institutions […]
The Pregnant Workers Fairness Act (PWFA) is now in effect, as of June 27, 2023. The PWFA, which we discussed in a previous alert when President Biden signed it into law, requires employers to provide employees “reasonable” accommodations related to pregnancy unless they would present an “undue hardship” for the employer. The PWFA applies to employers […]
The thorny question of discipline for offensive off-campus student speech is a familiar one for most, if not all, school district administrators. The United States Supreme Court’s Mahanoy decision – finding that a suspension for off-campus social media posts violated a cheerleader’s First Amendment rights – did little to clarify the uncertainties in this area […]
First, these are ideas I have formed after reviewing a lot of information on EV batteries. You have to educate yourself and perform additional research. Further, it is imperative that you consult with your insurance company for appropriate coverage and guidance. Automobile dealerships are and will be required to store EV batteries on their premises whether […]
Congratulations to Weston Hurd’s John Farnan and Dan Richards. In a May 24, 2023 opinion, in Lamorak Insurance Co. v. Goodrich Corporation, the Summit County Court of Common Pleas ordered that their client, an insurance carrier, did not owe an additional $110 million of insurance coverage to Goodrich for an environmental loss claim. The matter involved […]
I know how to read a Buyer’s Order and reconcile the math. My office consistently receives new consumer lawsuits alleging issues with the sales transaction, pricing of the vehicles, and advertising. At times when reviewing the sales contract, we have to dig hard to figure out how the sales price was derived. This can be […]
Set yourself up for a positive bargaining experience by understanding the negotiations landscape as we continue to navigate the post-pandemic era. “While some aspects of bargaining remain constant, 2023 certainly has some unique challenges in store,” according to the authors – Weston Hurd partners Megan E. Greulich and Eric J. Johnson, “From COVID-19 exhaustion to […]
