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News & Insights
Employees Have a Private Cause of Action Under Pennsylvania’s Medical Marijuana Act
Palmiter v. Commonwealth Health Sys., Inc., No. 398 MDA 2020, 2021 Pa. Super. 155 (Pa. Super Ct. Aug.5, 2021), is a case of first impression and the Pennsylvania Superior Court’s decision now paves the way for employees in Pennsylvania to sue their employers for alleged violations of Pennsylvania’s Medical Marijuana Act (MMA). The decision also creates an avenue for employees to pursue a wrongful termination claim when employees are terminated for medical marijuana use outside the workplace. This ruling reflects a growing trend with states such as Arizona, Connecticut, Delaware and Rhode Island which also allow employees to bring actions against employers for discrimination for violations of medical marijuana laws.
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Washington State Supreme Court Weighs in on Spearin Doctrine and Limiting Contractor Liability for Construction Defects
The Spearin Doctrine dictates that a project owner impliedly warrants that the plans and specifications it provides are accurate and suitable, and can protect a contractor against liability. Must a contractor prove that all of the construction defects are attributable to the owner's defective plans and specifications to prevail on this affirmative defense? The Washington State Supreme Court in Lake Hills Investments, LLC v. Rushforth Construction Co., Inc. d/b/a AP Rushforth, et al. answers this question and provides guidance on the application of the Spearin Doctrine in defending construction defect claims.
Employment Alert: Executive Order Said to Require Private Employers with 100 Plus Employees to Make Mandatory Vaccinations and/or Weekly Testing
News is being widely reported of a pending Executive Order to be issued by President Biden to require, in part, private employers with 100 or more employees to mandate vaccinations and/or weekly testing for Covid-19. While the details of the specific requirements are yet to be determined, it is anticipated that employers that fail to comply will be subject to significant civil penalties. The employment practice group at WSHB is closely monitoring the developments and working with both national and regional clients to prepare for the new regulations from the Department of Labor. For more information on compliance or for consultation on how this Executive Order may impact your business, please contact firm partners Robert Hellner, Dana Ring and Christian Gunneson.
WSHB New Jersey Client Alert: Covid-19 Virus Exclusion
On August 12, 2021, the U.S. District Court – District of New Jersey, ruled that a group of restaurants located at the Jersey Shore were not entitled to coverage as a result of losses incurred due to Covid-19 under certain policies that contained a virus exclusion. The restaurants sought to recover benefits under Business Income and Extra Expense coverage provisions pursuant to their applicable policies. These claims were denied under a Virus Exclusion in the policies. The restaurant brought suit, seeking a declaration that Defendant, Twin City Fire Insurance Company, was obligated to provide coverage for the restaurants' alleged losses, asserting claims of breach of contract and bad faith.
Florida Supreme Court Expands Apex Doctrine to Include High-Level Corporate Executives
Corporate executives and their legal counsel should immediately take note of the recently amended rule of civil procedure in Florida, which now formally recognizes high level corporate officials as a protected party under the Apex Doctrine.