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# Ansa Assuncao

Trial attorneys and business counselors

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## Posts

- [News & Articles](https://www.ansalaw.com/news-articles/)
- [Jim Gordon Serves as Panelist at International Air & Safety Bar Association Conference](https://www.ansalaw.com/jim-gordon-serves-as-panelist-at-international-air-safety-bar-association-conference/) - Jim Gordon was honored to serve as a panelist at the International Air & Safety Bar Association’s 2017 Conference in Seattle, Washington. Jim joined Deputy Director Dana Schulze of the NTSB’s Office of Aviation Safety and Jenner and Block’s Paul Alp in addressing recent trends and common themes in motor carrier and general aviation accident
- [Ford Motor Co. v. Montana Eighth Judicial District Court, et al.:  Has the Test Changed for Specific Personal Jurisdiction Over Corporate Defendants?](https://www.ansalaw.com/ford-motor-co-v-montana-eighth-judicial-district-court-et-al-has-the-test-changed-for-specific-personal-jurisdiction-over-corporate-defendants/) - On March 25, 2021, the Supreme Court of the United States issued its latest decision on a state court’s exercise of specific personal jurisdiction over a foreign product manufacturer in a product liability action. The case, Ford Motor Co. v. Montana Eighth Judicial District Court, et al., No. 19-369, focused on the connection required between
- [Drafting Or Enforcing A Liquidated Damages Provision?  Make Sure The Amount Is Reasonably Proportionate.](https://www.ansalaw.com/drafting-or-enforcing-a-liquidated-damages-provision-make-sure-the-amount-is-reasonably-proportionate/) - Oftentimes, the “bite” of a liquidated damages provision is dictated by either the relative negotiating strength of the parties or by the failure of one of the parties to pay sufficient attention to that provision. For those practitioners whose clients are able to dictate such a provision under these or any other circumstances, the Eleventh
- [Florida’s Non-Competition Statute Governs More Than Just Competition, and Pleading the Statute’s Factors as an Affirmative Defense Might Not Be Required](https://www.ansalaw.com/floridas-non-competition-statute-governs-more-than-just-competition-and-pleading-the-statutes-factors-as-an-affirmative-defense-might-not-be-required/) - In an appellate opinion that starts with a discussion about an alleged breach of a real estate listing agreement, but then becomes focused on pleading claims involving Fla. Stat. §542.335, a Florida Appellate Court both: (i) reminds us that Florida’s statutory scheme applicable to non-competition agreements applies more broadly to general restrictive covenants, such as
- [Looking Back A Decade Later At The Benefits Of A Judicial Clerkship](https://www.ansalaw.com/looking-back-a-decade-later-at-the-benefits-of-a-judicial-clerkship/) - Roman Galas's article "Looking Back a Decade Later at the Benefits of a Judicial Clerkship" was published in the December 26, 2019 issue of The Legal Intelligencer. You can view a copy of the article here.
- [Supreme Court Cuts Off an Attempt to Expand the TCPA’s Autodialer Definition](https://www.ansalaw.com/supreme-court-cuts-off-an-attempt-to-expand-the-tcpas-autodialer-definition/) - On April 1, 2021, the Supreme Court issued a decision in Facebook, Inc. v Duguid, 592 U.S. __ (2021)1 interpreting the definition of an “automatic telephone dialing system” (“autodialer”) under the Telephone Consumer Protection Act of 1991 (“TCPA”). The Court ruled that to meet the statutory definition, an autodialer must have the capacity either to store a
- [A Wolf in Wolf’s Clothing: Why Pennsylvania Supreme Court Adoption of Strict Liability for Consumer Protection Law Catch-All Claims Poses No New Threat](https://www.ansalaw.com/a-wolf-in-wolfs-clothing-why-pennsylvania-supreme-court-adoption-of-strict-liability-for-consumer-protection-law-catch-all-claims-poses-no-new-threat/) - Just over a month ago, in Gregg v. Ameriprise Fin., Inc., the Supreme Court of Pennsylvania issued a 4-3 opinion settling the question of whether the “catch-all” provision of Pennsylvania’s amended Unfair Trade Practices and Consumer Protection Law (CPL) -- which bars “fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding”
- [Commentary: What we should want in a Supreme Court justice](https://www.ansalaw.com/commentary-what-we-should-want-in-a-supreme-court-justice/) - Now that the heated and politicized debate is over on the nomination of Judge Neil M. Gorsuch to the Supreme Court, I would propose that we step back and examine what makes a fine justice apart from judicial philosophy, except in the broadest sense of commitment to our system of law, and apart from personal
- [Jim Gordon Presents a CLE Webinar, "Taming the Reptile: Proven Methods for Avoiding Excessive Fear Based Verdicts"](https://www.ansalaw.com/taming-the-reptile-proven-methods-for-avoiding-excessive-fear-based-verdicts/) - Jim Gordon’s “Taming the Reptile: Proven Methods for Avoiding Excessive Fear Based Verdicts” is a webinar which provides practical guidance for taking down the reptile at various phases of a defense case, including pleadings, lay and expert witness depositions, in limine motions and trial. It draws upon Jim’s experience successfully defending cases against reptilian tactics,
- [Ansa Assuncao Wins Motion to Dismiss in Rhode Island Federal Court Based on Plaintiff's Failure to Preserve Evidence](https://www.ansalaw.com/ansa-assuncao-wins-motion-to-dismiss-in-rhode-island-federal-court-based-on-plaintiffs-failure-to-preserve-evidence/) - On May 29, 2018, the United States District Court for the District of Rhode Island granted Ansa Assuncao's motion to dismiss a product liability lawsuit filed by Amica Mutual Insurance Company against BrassCraft Manufacturing Company related to a 2015 accident. The dismissal was based on Amica’s failure to preserve the BrassCraft product allegedly involved in
- [COVID-19 UPDATE:  New Jersey Jury Trials to Resume Incrementally Starting This Fall](https://www.ansalaw.com/covid-19-update-new-jersey-jury-trials-to-resume-incrementally-starting-this-fall/) - The New Jersey Supreme Court and the Acting Administrative Director of New Jersey Courts have announced that starting in September, jury trials will resume incrementally, with certain courts using a combination of remote and in-person jury selection, and live courtroom trials practicing strict social distancing. Both criminal and civil trials have been suspended in New
- [Robert A. Assuncao of Ansa Assuncao, LLP Named Fellow of Litigation Counsel of America](https://www.ansalaw.com/robert-a-assuncao-of-ansa-assuncao-llp-named-fellow-of-litigation-counsel-of-america/) - Matawan, New Jersey, August 26, 2020 - Robert A. Assuncao, a founding partner of the law firm, Ansa Assuncao, LLP, has been selected as a Fellow of the Litigation Counsel of America. Mr. Assuncao has, for over 35 years, represented international and domestic corporations in a wide variety of complex class action, commercial, and product
- [Leave it to the Experts: A Review of Recent Pennsylvania Decisions & Standards Regarding Expert Testimony](https://www.ansalaw.com/leave-it-to-the-experts-a-review-of-recent-pennsylvania-decisions-standards-regarding-expert-testimony/) - In three recent decisions, Pennsylvania courts examined the role of the court during Frye proceedings, the opponent’s burden of proof when challenging expert testimony, and the proper foundation necessary for utilizing a learned treatise to cross-examine/impeach a witness. The following summarizes these opinions and provides pragmatic reminders of evidentiary rules and standards for Pennsylvania trial
- [Protecting a New Generation of Entrepreneurs Created by the Economic Dislocations of the Pandemic Against Predatory Piercing Claims: How New Jersey Can Respond](https://www.ansalaw.com/protecting-a-new-generation-of-entrepreneurs-created-by-the-economic-dislocations-of-the-pandemic-against-predatory-piercing-claims-how-new-jersey-can-respond/) - The consequences of the COVID-19 pandemic are many. They include not just widespread disease resulting in the long-term illness and death of millions, including at least half a million in the United States, but also disruption of the economic structures in this country and elsewhere. Whether seeing new, previously-unavailable opportunities, or being forced by circumstances
- [The Future of the Sudden Emergency Doctrine in Pennsylvania: The Doctrine Remains Viable But It’s No Longer a Defense](https://www.ansalaw.com/the-future-of-the-sudden-emergency-doctrine-in-pennsylvania-the-doctrine-remains-viable-but-its-no-longer-a-defense/) - Tort law in Pennsylvania recognizes that “sometimes injurious accidents are not caused by carelessness, but because events conspire to create a situation so urgent and unexpected that the person alleged to be blameworthy had little or no practical opportunity to avert the harm.” Graham v. Check, 243 A.3d 153, 157 (Pa. 2020). This notion is
- [Every Promise Has a Price to Pay: New Jersey Supreme Court Reaffirms Availability of Damages for Non-Contractual Promises](https://www.ansalaw.com/every-promise-has-a-price-to-pay-new-jersey-supreme-court-reaffirms-availability-of-damages-for-non-contractual-promises/) - While “promises” and “contracts” may seem like distinctions without a difference to non-lawyers, civil litigators know better than to conflate the two. Nevertheless, as explained in a recent decision of the New Jersey Supreme Court, simply because a “promise” is not a “contract” does not necessarily mean recovery of damages is not possible. In its
- [When Insurers Collide: Can Exhaustion Turn into Improper Erosion?](https://www.ansalaw.com/when-insurers-collide-can-exhaustion-turn-into-improper-erosion/) - Background The Ninth Circuit Court of Appeals has had two occasions to face the legal complexities surrounding what is called “improper erosion”: the situation where an insurer is alleged to have wrongly paid a claim on a policy, the result of which was to use up (or exhaust) an underlying layer of coverage, thereby exposing
- [Drafting and Choice of Law Issues When Insuring Against Breaches of  Representations and Warranties in an Acquisition](https://www.ansalaw.com/drafting-and-choice-of-law-issues-when-insuring-against-breaches-of-representations-and-warranties-in-an-acquisition/) - Representations and Warranties Insurance Insurance against breaches of representations and warranties in mergers and acquisitions is an increasingly important market for buyers and sellers of privately held companies. The buyer obtains greater protection, with the backing of a highly rated insurer, should a representation or warranty prove untrue (and costly). A seller can negotiate protection
- [Bounced: Federal Court Dismisses Proposed Class Action Seeking Refunds for Covid-19-Related IRONMAN & Rock ‘n’ Roll Marathon Race Cancellations](https://www.ansalaw.com/bounced-federal-court-dismisses-proposed-class-action-seeking-refunds-for-covid-19-related-ironman-rock-n-roll-marathon-race-cancellations/) - Outdoor Race Postponements/Cancellations and Legal Waivers As previewed early in the pandemic, many athletes hoping to race their usual spring marathons or summer triathlons in 2020 were disappointed to see most races canceled or postponed due to Covid-19 and resulting local restrictions; just one full IRONMAN race went forth (IRONMAN Florida), and six 2021 IRONMAN
- [First Impressions: PA Supreme Court’s New Standard for Granting a New Trial Stemming from a Partially Erroneous Damage Award](https://www.ansalaw.com/first-impressions-pa-supreme-courts-new-standard-for-granting-a-new-trial-stemming-from-a-partially-erroneous-damage-award/) - In a matter of first impression, in Mader v. Duquesne Light Co., the Pennsylvania Supreme Court has articulated a new standard for determining whether a new trial should be granted for all damages or only on certain damages tainted by jury error. In the 6-1 decision, the Court held that it is in the discretion
- [Flipping Doctrine on Its Side: Pennsylvania Supreme Court Considers Case That Would Authorize “Horizontal” or “Single Enterprise” Veil Piercing for the First Time](https://www.ansalaw.com/flipping-doctrine-on-its-side-pennsylvania-supreme-court-considers-case-that-would-authorize-horizontal-or-single-enterprise-veil-piercing-for-the-first-time/) - Pennsylvania courts allow plaintiffs to pierce the corporate veil to rope into liability a dominant shareholder or the owner of a business that has been held legally responsible for contract breach or tort wrong. While courts in other jurisdictions have been quite specific about what a plaintiff must prove to justify the extraordinary relief of
- [New Executive Order Aimed at Tightening the Definition of “American-Made Products” Will Impact Domestic Manufacturers, Especially Those Utilizing Global Supply Chains](https://www.ansalaw.com/new-executive-order-aimed-at-tightening-the-definition-of-american-made-products-will-impact-domestic-manufacturers-especially-those-utilizing-global-supply-chains/) - On January 25, 2021, President Joe Biden signed Executive Order 14005 (“EO”) intended to force the federal government to buy more domestically produced goods and, in turn, boost the United States manufacturing industry. The EO directs the Federal Acquisition Regulatory Council (“FAR Council”) to tighten the definition of “American-made products” and establishes a Made in
- [New York Offers Reimbursement Grants to Full-Service Restaurants Through the “Raising the NYS Bar Restaurant Recovery Fund”](https://www.ansalaw.com/new-york-offers-reimbursement-grants-to-full-service-restaurants-through-the-raising-the-nys-bar-restaurant-recovery-fund/) - According to National Restaurant Association estimates, the COVID-19 pandemic has shuttered one out of every six restaurants nationwide. In New York, the pandemic has forced restaurants to operate in what New York State Restaurant Association President and CEO Melissa Fleischut calls “survival mode,” adapting (often quickly, and with admirable and praise-worthy ingenuity and creativity) to
- [Washington, D.C. City Council Passes Near-Total Ban on Non-Compete Agreements, Which (Absent Contrary Action) Is Likely to Go into Effect Early This Year](https://www.ansalaw.com/washington-d-c-city-council-passes-near-total-ban-on-non-compete-agreements-which-absent-contrary-action-is-likely-to-go-into-effect-early-this-year/) - On December 15, 2020, the D.C. City Council, in a 12-0 vote (with one recusal), passed Bill 23-494, the Ban on Non-Compete Agreements Amendment Act of 2020 (“the Act”). The Act, if made law, will represent one of the broadest prohibitions on non-competes in the country. The Act prohibits “employers” (defined to include individuals and
- [The United States District Court for the District of Maryland Tackles a Host of COVID-19 Related Cases in Late 2020, From Evictions to Compassionate Prisoner Release to Restrictions Imposed by Governor Hogan’s Executive Orders](https://www.ansalaw.com/the-united-states-district-court-for-the-district-of-maryland-tackles-a-host-of-covid-19-related-cases-in-late-2020-from-evictions-to-compassionate-prisoner-release-to-restrictions-imposed-by-governo/) - Effective November 11, 2020, the United States District Court for the District of Maryland suspended all in-person proceedings and closed its doors to the public. The restrictions extend, for now, through January 15, 2021. Unsurprisingly, the Court remains busy, including with a host of COVID-19-related matters. This article provides an overview of several notable recent
- [Archdiocese of Brooklyn Legal Analysis](https://www.ansalaw.com/archdiocese-of-brooklyn-legal-analysis/) - True to his predecessor, the late Justice Scalia, Justice Gorsuch penned a hard-hitting concurrence to the Supreme Court’s 5-4 decision in Archdiocese of Brooklyn v. Cuomo, 592 U.S. ___ (2020), published just before the Thanksgiving holiday. Notably, although the decision was 5-4, Chief Justice Roberts now seems willing to overturn Coronavirus restrictions on religious institutions,
- [US-Mexico-Canada Trade Agreement (USMCA) Rules of Origin and The Impact on Domestic Manufacturers](https://www.ansalaw.com/us-mexico-canada-trade-agreement-usmca-rules-of-origin-and-the-impact-on-domestic-manufacturers/) - On September 30, 2018, the United States-Mexico-Canada Agreement (USMCA) was established as the successor to the 25-year-old North American Free Trade Agreement (NAFTA). The agreement between the United States, Mexico and Canada (the “Parties”), entered into force on July 1, 2020, is a continuation of structured free market trade among the member nations designed to
- [COVID-19 UPDATE: Maryland Courts Return to More Restricted Operations](https://www.ansalaw.com/covid-19-update-maryland-courts-return-to-more-restricted-operations/) - On October 5, 2020, Maryland state courts entered Phase V, the fifth and final phase of the Court of Appeals’ progressive COVID-19 reopening plan. Jury trials and full in-person operations resumed, albeit with now-ubiquitous precautions in place: face masks, pandemic screening questions, contactless temperature checks, and social distancing. Now, with COVID-19 cases and infection rates
- [Eleventh Circuit Prohibits Representative Incentive Awards in Class Action Settlements](https://www.ansalaw.com/eleventh-circuit-prohibits-representative-incentive-awards-in-class-action-settlements/) - Johnson v. NPAS Solutions, LLC, __ F.3d __, 2020 WL 5553312 (11th Cir. 2020) In a 2-1 split decision, the Eleventh Circuit ruled that incentive awards—meant to compensate class representative plaintiffs for the time spent litigating a class action—are prohibited by longstanding Supreme Court precedent. This decision marks a significant break from the status quo
- [COVID-19 UPDATE: Jury Trials Resume, with Precautions in Place, as Maryland Courts Enter Phase V](https://www.ansalaw.com/covid-19-update-jury-trials-resume-with-precautions-in-place-as-maryland-courts-enter-phase-v/) - On September 29, 2020, Court of Appeals Chief Judge Mary Ellen Barbera announced in a video message that Maryland’s courts will enter Phase V, the final phase of their progressive reopening plan, on this Monday, October 5. The Maryland Judiciary, Judge Barbera explained, has moved “deliberately and carefully” through phased resumption of courthouse operations, monitoring
- [How Do You Authenticate A Text Message During Trial?](https://www.ansalaw.com/how-do-you-authenticate-a-text-message-during-trial/) - One of the most basic evidentiary issues encountered during court proceedings is the authenticity of a thing presented. In other words, is the thing presented actually the thing the proponent claims it to be? This general rule of authenticity essentially applies to all physical evidence presented, whether the evidence is a knife, gun, photograph, letter,
- [The Loan Documents Encumber Real Property in Two Separate Florida Counties.  How Many Foreclosure Actions Are Necessary, and Where Should the Lender File the Action(s)?](https://www.ansalaw.com/the-loan-documents-encumber-real-property-in-two-separate-florida-counties-how-many-foreclosure-actions-are-necessary-and-where-should-the-lender-file-the-actions/) - Commercial lenders frequently collateralize multiple properties as part of making loans to borrowers. Even if a loan does not begin with a mortgage interest in multiple properties, sometimes loans become cross-collateralized and, therefore, end up covering multiple properties in different locations. So what happens when a borrower defaults and the lender needs to pursue foreclosure
- [Florida Federal Judge Rejects Dentist’s Attempt to Evade Virus Exclusion in Insurance Policy](https://www.ansalaw.com/florida-federal-judge-rejects-dentists-attempt-to-evade-virus-exclusion-in-insurance-policy/) - The United States District Court for the Middle District of Florida recently ruled that a Southwest Florida dentist cannot claim for Coronavirus-related damages under his business interruption policy. Mauricio Martinez DMD, P.A. v. Allied, 2:20-cv-00401-FtM-66NPM (M.D. Fla. Sept. 2, 2020) (Badalamenti, J.). According to the opinion, “[t]he overarching cause of the alleged loss, Martinez maintains,
- [There’s No More Frye-ing in Maryland: The Court of Appeals Finally Adopts Daubert](https://www.ansalaw.com/theres-no-more-frye-ing-in-maryland-the-court-of-appeals-finally-adopts-daubert/) - The Maryland Court of Appeals ended its term with a big change in the admissibility of expert testimony. On August 28, in a 4-3 decision, the Court abandoned Maryland’s long-standing Frye-Reed test for evaluating scientific expert testimony and formally adopted the Daubert standard that has long applied in the nation’s federal courts and elsewhere (thirty-nine
- [AB-5’s Newest Chapters: Uber and Lyft Take a Hit, While Dozens of Other Gig Professions Score a Big Win](https://www.ansalaw.com/ab-5s-newest-chapters-uber-and-lyft-take-a-hit-while-dozens-of-other-gig-professions-score-a-big-win/) - Judge Hits Uber and Lyft with Preliminary Injunction The AB-5 saga continues, with new chapters written in the courtroom and legislature—and amidst a nationwide pandemic. In early August, San Francisco Superior Court Judge Ethan Schulman granted a preliminary injunction in an action brought against app giants Uber and Lyft by California Attorney General Xavier Becerra
- [New Jersey’s Highest Court Holds That a Consumer Fraud Claim Alleging Express Misrepresentations May be Brought in the Same Action as a Product Defect Claim Alleging Physical Harm](https://www.ansalaw.com/new-jerseys-highest-court-holds-that-a-consumer-fraud-claim-alleging-express-misrepresentations-may-be-brought-in-the-same-action-as-a-product-defect-claim-alleging-physical-harm/) - In a recent unanimous decision, the Supreme Court of New Jersey ruled that the New Jersey Products Liability Act (the “PLA”) does not preclude a plaintiff from bringing one action alleging both express misrepresentations constituting consumer fraud under the New Jersey Consumer Fraud Act (the “CFA”) and product defect causing physical harm to persons or
- [The Maryland Bar Exam Will Proceed Remotely in October 2020, But Applicants May Seek Special Authorization for Limited and Temporary Supervised Practice of Law](https://www.ansalaw.com/the-maryland-bar-exam-will-proceed-remotely-in-october-2020-but-applicants-may-seek-special-authorization-for-limited-and-temporary-supervised-practice-of-law/) - On August 28, 2020, the Maryland Court of Appeals issued two Administrative Orders regarding the October 2020 state bar exam and an option for the temporary supervised practice of law for certain applicants. The orders mark the end of the Court’s evolving efforts, over a period of months, to facilitate admission to the state bar
- [Who Decides Whether Your PPP Loan is “Forgiven” and What If They are Wrong?](https://www.ansalaw.com/who-decides-whether-your-ppp-loan-is-forgiven-and-what-if-they-are-wrong/) - The Paycheck Protection Program (“PPP”), which is currently only one month old, has been and remains a source of confusion, frustration, disappointment, worry, relief, envy, and bad public relations. Litigation has already occurred between borrowers and banks in several different contexts. An additional context is about to arrive. The forthcoming litigation will involve the critical
- [Treasury Set to Aggressively Review PPP Loans](https://www.ansalaw.com/treasury-set-to-aggressively-review-ppp-loans/) - The Treasury appears poised to engage in aggressive review of forgiveness claims under the Paycheck Protection Program (“PPP”). Recent regulatory guidance indicates that publicly traded companies, private equity-backed companies, companies that have profited from Coronavirus, and companies that received large loans (over $2 million), are likely to be scrutinized by the Government if they apply
- [Florida Appellate Court Remands for Evidentiary Hearing to Determine Whether Non-Signatories Bound by Agreement to Arbitrate](https://www.ansalaw.com/florida-appellate-court-remands-for-evidentiary-hearing-to-determine-whether-non-signatories-bound-by-agreement-to-arbitrate/) - Courts frequently compel persons who are not named parties to arbitration agreements to, nonetheless, participate in arbitration proceedings. Various legal doctrines—such as incorporation by reference, agency and alter ego—support this result. However, if the facts supporting arbitrability are disputed, then according to a recent Florida appellate decision, the trial court should hold an evidentiary hearing
- [Maryland General Assembly Members Urge the State Court of Appeals to Allow New Law School Graduates to Practice Without Passing the Bar Exam](https://www.ansalaw.com/maryland-general-assembly-members-urge-the-state-court-of-appeals-to-allow-new-law-school-graduates-to-practice-without-passing-the-bar-exam/) - In a letter dated August 13, 2020, a group of twenty-five Maryland State Delegates and Senators asked the Court of Appeals to implement “diploma privilege” in Maryland, allowing recent law school graduates and first-time applicants to forgo the bar exam and directly enter legal practice, no test needed. The Maryland bar exam, originally scheduled for
- [Stalled: The House of Representatives’ ABC Test Law Remains a Non-Starter for Now](https://www.ansalaw.com/2022-2/) - U.S. House Passes “Protecting the Right to Organize” Act (the “PRO Act”) On February 6, 2020, as impeachment proceedings concluded, the United States House of Representatives passed the PRO Act. The law passed in a 224-194 vote, mostly along party lines. Among other changes, the law would impose the “ABC Test” that was controversially implemented
- [COVID-19 UPDATE: Governor Hogan’s July 29, 2020 Executive Order Expands Mask Requirements for Marylanders](https://www.ansalaw.com/covid-19-update-governor-hogans-july-29-2020-executive-order-expands-mask-requirements-for-marylanders/) - On July 29, 2020, Maryland Governor Larry Hogan issued Executive Order No. 20-07-29-01, the latest in a series of executive orders designed to protect Marylanders and control and prevent the spread of COVID-19. The Order went into effect at 5:00 PM on Friday, July 31. The Executive Order expands on a prior order that mandated
- [Federal Inmate Obtains Compassionate Release From Prison Due to Coronavirus Concerns](https://www.ansalaw.com/federal-inmate-obtains-compassionate-release-from-prison-due-to-coronavirus-concerns/) - A federal inmate recently obtained compassionate release from the federal prison system due to Coronavirus concerns. In United States v. Branch, 15-cr-199, Doc. 296 (M.D. Fla. August 3, 2020) (Scriven, J.), the inmate had completed the majority of his sentence on drug charges and was to be released to a residential re-entry center where he
- [Governor DeSantis Extends But Clarifies Moratorium on Foreclosures](https://www.ansalaw.com/governor-desantis-extends-but-clarifies-moratorium-on-foreclosures/) - Florida Governor Ron DeSantis has just extended the moratorium on evictions and foreclosures until the beginning of September 2020. Importantly, as he did so, the Governor clarified several aspects of the moratorium. See Executive Order 20-180. First, the moratorium now only applies to residential properties, meaning that commercial properties are subject to foreclosure and/or eviction
- [FMCSA Assures Motor Carriers of Reasonable Enforcement Flexibility for Random Controlled Drug and Alcohol Testing During Ongoing COVID-19 Pandemic](https://www.ansalaw.com/fmcsa-assures-motor-carriers-of-reasonable-enforcement-flexibility-for-random-controlled-drug-and-alcohol-testing-during-ongoing-covid-19-pandemic/) - On July 6, the Federal Motor Carrier Safety Administration (“FMCSA”) acknowledged current and anticipated continued COVID-19-related disruptions to operations in the motor carrier industry by issuing a Notice of Enforcement Discretion Determination for random controlled substance (drug) and alcohol testing. According to the agency, as phased re-opening occurs across the country, the pace at which
- [What If The Contractor, Rather Than The Owner, Signs a Notice of Commencement?  Is the Notice Defective And, Therefore, Ineffective?](https://www.ansalaw.com/what-if-the-contractor-rather-than-the-owner-signs-a-notice-of-commencement-is-the-notice-defective-and-therefore-ineffective/) - Under Florida lien law, a Notice of Commencement is a form document the property owner is generally required to sign and record in the public record before commencing any improvements to real property. One of the purposes of the Notice is to provide potential lienors with information they will need to file a lien if
- [No Utopia: Pair of Class Actions vs. Seattle for Abdicating Civic Governance in CHAZ/CHOP Takeover Provides Cautionary Tale to Municipalities](https://www.ansalaw.com/no-utopia-pair-of-class-actions-vs-seattle-for-abdicating-civic-governance-in-chaz-chop-takeover-provides-cautionary-tale-to-municipalities/) - Utopian Takeover? Imagine a world where an unelected political action group commandeers a six-block area of public city space that encompasses a public park and numerous residential and commercial properties. Imagine this group then sets up barricades at borders and entry points, with armed security “sentinels” patrolling the area, restricting vehicular traffic from entering (specifically
- [COVID 19 UPDATE:  Face Coverings Now Mandatory In Pennsylvania](https://www.ansalaw.com/covid-19-update-face-coverings-now-mandatory-in-pennsylvania/) - Pursuant to Order dated July 1, 2020, Pennsylvanians are now required to wear face coverings in public places when they are unable to consistently maintain social distancing. The new Order, signed under Dr. Levine's authority under the Disease Prevention and Control Act, provides that individuals are required to wear face coverings if they are: A.
- [Debt Collections During COVID-19: State and Local Limitations](https://www.ansalaw.com/debt-collections-during-covid-19-state-and-local-limitations/) - As the global coronavirus pandemic continues, many states and local court systems have implemented new rules on debt collection and post-judgment remedies during the pandemic. Some states have temporarily halted debt collection, while others have limited the seizure of certain assets. Here are the rules that some states and local court systems have already enacted
- [Michael Beltran Presents CLE on Paycheck Protection Program (PPP)](https://www.ansalaw.com/michael-beltran-presents-cle-on-paycheck-protection-program-ppp/) - On June 25, 2020, Michael Beltran presented a CLE titled: Critical Considerations Before Requesting PPP Loan Forgiveness. He discussed the criteria governing eligibility for loan forgiveness, the PPP loan forgiveness process, borrower’s rights and obligations during this process, background caselaw regarding other SBA programs and litigation of surrounding issues, considerations in handling of PPP funds, and
- [Homeowners Beware of Construction Liens](https://www.ansalaw.com/homeowners-beware-of-construction-liens/) - As many homeowners have decided to conduct overdue home improvement projects while they are spending more time at home, consumers need to be aware of Florida’s lien law. As a mandatory disclosure required in all contracts greater than $2,500 states: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
- [Florida Appellate Decision Applies Frustration of Purpose to Terminate Lease](https://www.ansalaw.com/florida-appellate-decision-applies-frustration-of-purpose-to-terminate-lease/) - A recent Florida appellate court decision provides guidance for commercial tenants whose businesses have been impacted by Coronavirus. This case is notable because it potentially allows for lease termination due to frustration of purpose even though the possible frustration was foreseeable at the time the lease was executed. This case provides a good argument for
- [FMCSA Extends Non-Enforcement Policy for Expiring Driver’s Licenses and Medical Examiner’s Certificates](https://www.ansalaw.com/fmcsa-extends-non-enforcement-policy-for-expiring-drivers-licenses-and-medical-examiners-certificates/) - In March 2020, as domestic COVID-19 outbreaks first became widely reported, the Federal Motor Carrier Safety Administration (“FMCSA”) gave notice that it would exercise its discretion to not take enforcement action on certain Federal Motor Carrier Safety Regulations (“FMCSRs”) relating to expiring driver’s licenses and medical examiner’s certificates. The notice, the FMCSA explained, was designed
- [Florida Appellate Court Rejects Challenge by Original Buyer to Tenant’s Exercise of Right of First Refusal](https://www.ansalaw.com/florida-appellate-court-rejects-challenge-by-original-buyer-to-tenants-exercise-of-right-of-first-refusal-says-florida-appellate-court/) - A right of first refusal in the context of real estate means that a person has the right to step into a transaction as the buyer if some third-party makes an offer that the then-current owner wants to accept. Such a right of first refusal is commonly seen in the context of commercial property leases.
- [COVID-19 UPDATE:  New Jersey Court Embraces Virtual Deposition As The New Norm](https://www.ansalaw.com/covid-19-update-new-jersey-court-embraces-virtual-deposition-as-the-new-norm/) - A Middlesex County Superior Court judge has ordered the plaintiff in a slip-and-fall lawsuit to appear for deposition remotely via Zoom or other teleconference system, despite her claimed lack of basic technological knowledge and resources. In the matter of Thomas v. BJ’s Wholesale, Docket No. MID-L-5518-19, the plaintiff objected to proceeding with a virtual deposition
- [FOIA Confidentiality of Paycheck Protection Program Information](https://www.ansalaw.com/foia-confidentiality-of-paycheck-protection-program-information/) - This article provides an overview of the rules, statutes, caselaw, and proposed legislation regarding disclosure of information regarding Small Business Administration (“SBA”) loans to businesses impacted by Coronavirus. A consortium of newspapers filed a lawsuit against the SBA seeking information on Paycheck Protection Program (“PPP”) loans under the Freedom of Information Act (“FOIA”). Although the
- [New Regulatory Provisions Governing PPP Forgiveness Standards and Review Procedures](https://www.ansalaw.com/new-regulatory-provisions-governing-ppp-forgiveness-standards-and-review-procedures/) - The CARES Act provides for fully forgivable Paycheck Protection Program (“PPP”) loans to qualifying businesses. On June 1, 2020, after roughly two months of operating the PPP, the SBA finally promulgated both (1) Forgiveness Requirements and (2) Review Procedures.¹ PPP Loan Forgiveness Requirements, 85 Fed. Reg. 33004 (to be codified at 13 C.F.R. Pt. 120)
- [Conflicting Federal and WHO Guidance on COVID-19 Precautions Cited as Basis for Rule 12(b)(6) Motion to Dismiss](https://www.ansalaw.com/conflicting-federal-and-who-guidance-on-covid-19-precautions-cited-as-basis-for-rule-12b6-motion-to-dismiss/) - The opening salvo for the defense in the “first Pennsylvania COVID-19 slaughterhouse worker wrongful death lawsuit,” as dubbed by the plaintiff’s attorneys, was filed in the United States District Court for the Eastern District of Pennsylvania on Tuesday in the form of a motion to dismiss—one that emphasizes the “novel” aspect of the coronavirus and
- [Do You Believe in Magic?: Force Majeure and COVID-19](https://www.ansalaw.com/do-you-believe-in-magic-force-majeure-and-covid-19/) - A review of the legal resources available since the outbreak of the COVID-19 pandemic might lead one to wonder if points are being awarded for every time someone utters the phrase “force majeure.” But, despite an increase in the frequency of its invocation, force majeure (score 1 point) is not a talisman. No “abracadabra” or
- [New Treasury Regulation Prohibits Deducting Expenses Used to Obtain PPP Loan Forgiveness](https://www.ansalaw.com/new-treasury-regulation-prohibits-deducting-expenses-used-to-obtain-ppp-loan-forgiveness/) - The Department of Treasury has clarified that businesses may not deduct any expenses which are used to obtain loan forgiveness under the Paycheck Protection Program (“PPP”). Under the PPP, borrowers may obtain forgiveness of a PPP loan from the SBA to the extent that the funds are used towards qualifying expenses such as payroll and
- [Junior Lienholder Not Entitled to Award of Attorney Fees, Says Florida Appellate Court](https://www.ansalaw.com/junior-lienholder-not-entitled-to-award-of-attorney-fees-says-florida-appellate-court/) - In an issue of first impression, Florida’s First District Court of Appeal determined that a junior lienholder is not entitled to an award of attorney fees when it prevails upon a lien foreclosure action filed by a construction contractor. See Decks N Such Marine, Inc. v. Daake, 45 Fla. L. Weekly D1168, 2020 WL 2507500
- [Update on the Shifting Regulations Under the PPP](https://www.ansalaw.com/update-on-the-shifting-regulations-under-the-ppp/) - The Government has recently issued a complex set of 48 Frequently Asked Questions (FAQ) regarding Paycheck Protection Program (“PPP”) loan eligibility and forgiveness. These guidelines differ substantially from the text of the CARES Act that originally authorized the PPP. The PPP waives the “credit not available elsewhere” test that ordinarily prevents SBA borrowers from obtaining
- [Changes in the Newly Passed Paycheck Protection Program Flexibility Act](https://www.ansalaw.com/changes-in-the-newly-passed-paycheck-protection-program-flexibility-act/) - Congress recently passed H.R. 7070, the Paycheck Protection Program Flexibility Act (“PPPFA”), which attempts to ease restrictions on the Paycheck Protection Program (“PPP”). The PPPFA reduces the amount of the loan that needs to be spent on payroll from 75% to 60%, and therefore increases the amount of funds available for other uses (such as
- [COVID-19 Related Employment Lawsuits On The Rise –  What Employers Should Expect and How To Protect Themselves](https://www.ansalaw.com/covid-19-related-employment-lawsuits-on-the-rise-what-employers-should-expect-and-how-to-protect-themselves/) - Since the COVID-19 crisis began, employers have been faced with a myriad of tough decisions, compounded by rapidly changing state, local and federal guidance on how to make them. These decisions have included whether to stay open, whether to allow employees to work remotely, whether to furlough or lay-off employees, how to protect employees and
- [Unwavering: Despite Waivers, Class Action Seeks Refunds for Covid-19-Related Ironman & Rock ‘n’ Roll Marathon Series Race Cancellations](https://www.ansalaw.com/unwavering-despite-waivers-class-action-seeks-refunds-for-covid-19-related-ironman-rock-n-roll-marathon-series-race-cancellations/) - Outdoor Race Postponements/Cancellations and Legal Waivers As posited in a recent article, in the face of 2020 outdoor race postponements/cancellations due to the Covid-19 pandemic, racers should brace themselves for the reality that express legal waivers they are typically required to sign -- in which they waive any right to sue the race and agree
- [Employee Questionnaire to Determine Status for Workplace Entrance](https://www.ansalaw.com/employee-questionnaire-to-determine-status-for-workplace-entrance/) - SAMPLE Questionnaire to Determine Status for Workplace Entrance
- [SAMPLE: Coronavirus (COVID-19) Policy For Non-Retail Businesses](https://www.ansalaw.com/sample-coronavirus-covid-19-policy-for-non-retail-businesses/) - Policy purpose Protecting the health and well-being of our employees is a top priority. To that end, we have developed a proactive plan designed to minimize the impact of COVID-19 on our workplace. Because the COVID-19 public health emergency is rapidly evolving, this plan is subject to change. Thank you for your cooperation. Policy elements
- [SAMPLE:  Emergency Paid Sick Leave and FMLA-Public Health Emergency Leave](https://www.ansalaw.com/sample-emergency-paid-sick-leave-and-fmla-public-health-emergency-leave/) - We appreciate and recognize all that our team of employees has done to continue to serve our clients during this ongoing public crisis. The COVID-19 (Coronavirus) pandemic has presented all of us with unprecedented challenges in both our business and personal lives. Effective April 1, 2020, in order to assist employees in meeting some of
- [COVID-19 UPDATE: Governor Wolf Issues Guidance for Food Service Industry Authorized to Conduct In-Person Operations](https://www.ansalaw.com/covid-19-update-governor-wolf-issues-guidance-for-food-service-industry-authorized-to-conduct-in-person-operations/) - On May 27, 2020, Governor Wolf issued guidelines for reopening restaurants and bars in counties entering the “green phase,” together with guidelines for outdoor dining for counties in the “yellow phase.” Outdoor dining for counties in the yellow phase is set to begin June 5, 2020. The guidelines, available here, detail the “procedures businesses in
- [The Materiality Requirement of the False Statements Statute](https://www.ansalaw.com/the-materiality-requirement-of-the-false-statements-statute/) - The prosecution against General Flynn underscored the hazards of speaking to government investigators without first consulting with counsel.¹ The effort to dismiss the prosecution against General Flynn shows that the Department of Justice is now according substantive weight to the “materiality” requirement under the false statements statute. As stated in the Government’s Motion to Dismiss
- [Flynn Perjury Trap](https://www.ansalaw.com/flynn-perjury-trap/) - The recent litigation over the dismissal of the prosecution against General Flynn underscores the need for citizens to be wary of the “perjury trap.” Former Bush Administration advisor Scooter Libby, Presidents Clinton and Nixon, television mogul Martha Stewart, and others have also fallen into a “perjury trap” over the years despite being innocent (or at
- [COVID-19 Impact on Telemedicine](https://www.ansalaw.com/covid-19-impact-on-telemedicine/) - The COVID-19 pandemic is accelerating the telemedicine trend in America. According to Mordor Intelligence [https://www.mordorintelligence.com/industry-reports/global-telemedicine-market-industry], the telemedicine market will be worth more than $66 billion globally by 2021. The market has been steadily growing in recent years, with physician use of telemedicine services increasing by 340% between 2015 and 2018, according to a recent American
- [Litigating Forgiveness Claims Under the Paycheck Protection Act](https://www.ansalaw.com/litigating-forgiveness-claims-under-the-paycheck-protection-act/) - $249 billion in loans have now been allocated pursuant to the CARES Act’s Paycheck Protection Program. (“PPP”) The volume of the loans is attributable both to the scale of the economic disruption caused by the Coronavirus and the extraordinarily generous forgiveness provision of the PPP. Loans under the PPP are eligible for forgiveness if employers
- [AB-5 Opposition Builds as COVID-19 Pandemic Exposes the Law’s Fissures](https://www.ansalaw.com/ab-5-opposition-builds-as-covid-19-pandemic-exposes-the-laws-fissures/) - As we have explored over a series of articles, AB-5, California’s controversial “gig worker” law, faced plenty of opposition before the COVID-19 pandemic began. Since its passage, opponents including the California Trucking Association (“CTA”), Uber, and Postmates brought their fight to the courtroom, filing lawsuits and (with mixed results) seeking preliminary injunctive relief. Freelance writers,
- [Practical Considerations for Insurance Coverage Evaluation Amidst the Covid-19 Pandemic](https://www.ansalaw.com/practical-considerations-for-insurance-coverage-evaluation-amidst-the-covid-19-pandemic/) - The COVID-19 pandemic’s impact on business triggers a variety of potential insurance issues. In-house counsel and executive management are navigating a circumstance many thought would never occur in this fashion. Nonetheless, there are possible insurance coverage classes which may be available to alleviate the economic harm. Below is a roadmap for insurance considerations. The language
- [Cancelled: Legal Waivers Make Refunds a Long Shot for Covid-19-Related Outdoor Race Cancellations](https://www.ansalaw.com/cancelled-legal-waivers-make-refunds-a-long-shot-for-covid-19-related-outdoor-race-cancellations/) - Cancellations and Postponements As explored in my recent article, the Covid-19 pandemic has wreaked havoc on the 2020 outdoor race season. Athletes hoping to kick-start the season with spring and early summer races have seen those races either postponed or cancelled. With the notable exception of the Boston Marathon, few if any offer money-back options,
- [Managing Outdoor Race Season in Uncertain Times](https://www.ansalaw.com/managing-outdoor-race-season-in-uncertain-times/) - The breaking of winter brings warmer weather and, in usual times, the first 5K, half/full marathon, and even 100-mile super-marathon (yes, you read that right) races of the year. After that, as lakes, rivers, and bays become warmer, come the first triathlons. Beyond the obvious chaos that the Covid-19 pandemic has wreaked on the country
- [Maryland Businesses: What You Need to Know About the New Anti-Price Gouging Law](https://www.ansalaw.com/maryland-businesses-what-you-need-to-know-about-the-new-anti-price-gouging-law/) - By mid-March 2020, as the COVID-19 pandemic developed, Maryland’s Consumer Protection Division began to see a significant number of consumer complaints about the dramatic rise in price for everyday essentials. At that time, Maryland did not have a specific anti-price gouging statute in place. Motivated by these and other complaints, the Maryland General Assembly acted
- [Arbitration Provisions: The Importance Of Drafting Broad Language](https://www.ansalaw.com/arbitration-provisions-the-importance-of-drafting-broad-language/) - During November 2014, Florida’s Fourth District Court of Appeal addressed the issue of whether claims relating to a bill of sale agreement signed contemporaneously with an employment agreement create an arbitrable issue under the employment agreement’s arbitration provision. The answer may surprise you. In Sunsplash Events Inc. v. Robles, No. 4D13-4302, 2014 WL 5834288 (Fla.
- [Ansa Assuncao LLP’s Maryland Team Secures Appellate Victory Before Texas Supreme Court](https://www.ansalaw.com/ansa-assuncao-llps-maryland-team-secures-appellate-victory-before-texas-supreme-court/) - On March 13, 2020, Ansa Assuncao LLP’s Maryland office team, working in conjunction with their Texas colleagues, secured extraordinary relief from the Supreme Court of Texas on behalf of firm client Mobile Mini, Inc. in a construction worker’s personal injury suit that named Mobile Mini and other corporate defendants. In a per curiam opinion, the
- [Ansa Assuncao LLP’s Maryland Team Obtains Dismissal of Negligence and Products Liability Case at Pleading Stage in Texas Federal Court](https://www.ansalaw.com/ansa-assuncao-llps-maryland-team-obtains-dismissal-of-negligence-and-products-liability-case-at-pleading-stage-in-texas-federal-court/) - On December 7, 2018, Ansa Assuncao LLP’s Maryland office team, working with their Texas colleagues, obtained dismissal of all causes of action against firm client Evergreen Tank Solutions, Inc. (“Evergreen”) in a suit brought by a Texas resident who sustained third-degree burns over 40% of his body (and other alleged injuries) while cleaning a tanker
- [Ansa Assuncao LLP Secures Dismissal of Complaint Filed Against UPS in Philadelphia County for Lack of Jurisdiction](https://www.ansalaw.com/ansa-assuncao-llp-secures-dismissal-of-complaint-filed-against-ups-in-philadelphia-county-for-lack-of-jurisdiction/) - On November 29, 2017, Ansa Assuncao LLP’s team, comprised of members of the Maryland and Philadelphia offices, secured dismissal of a Complaint filed against firm client United Parcel Service, Inc. (“UPS”) in the Philadelphia County Court of Common Pleas for lack of jurisdiction. The case arose from a motor vehicle accident that occurred in Maryland
- [Florida's New Data Breach Law Heightens Reporting Duties](https://www.ansalaw.com/floridas-new-data-breach-law-heightens-reporting-duties-2/) - Florida Governor Rick Scott recently approved the Florida Information Protection Act of 2014 (SB 1524), Fla. Stat. § 501.171, (FIPA), repealing Florida’s previous data breach notification statute, Fla. Stat. § 817.5681, effective July 1, 2014. The amendments are both significant and important to covered entities as defined under FIPA. FIPA’s purpose is to protect Florida
- [Cyber Piracy: Protecting Yourself Before It's Too Late](https://www.ansalaw.com/cyber-piracy-protecting-yourself-before-its-too-late/) - Cyber pirates prey and profit on the vulnerable. Most people think of cyber piracy only in the context of malicious hackers intercepting or stealing confidential company data. However, the truth of the matter is that data breaches routinely occur in far less complex scenarios. Lost laptops, smart phones, notebooks, PDAs, or the improper disposal of
- [Navigating and surviving the mortgage crisis](https://www.ansalaw.com/navigating-and-surviving-the-mortgage-crisis/) - Negotiating a solution is almost always the best outcome for the lender and borrower. Commercial real estate professionals may have another hurdle to clear in this difficult market. Recent developments in the residential mortgage crisis concerning issues with banks’ documentation - such as deficient recordkeeping, forged signatures, falsified records, and insufficient inspection of mortgage documents
- [Another Win Keeps California Truckers Rolling: Preliminary Injunction Blocks Enforcement of California “Gig Worker” Law Against Trucking Industry](https://www.ansalaw.com/another-win-keeps-california-truckers-rolling-preliminary-injunction-blocks-enforcement-of-california-gig-worker-law-against-trucking-industry/) - On January 16, 2020, U.S. District Judge Roger T. Benitez entered a preliminary injunction, enjoining Californian officials from enforcing Assembly Bill 5 (“AB-5”) against motor carriers operating in California pending entry of final judgment in a case filed by the California Trucking Association (“CTA”) challenging the new law. The ruling comes after Judge Benitez rang
- [Ansa Assuncao LLP’s Maryland Team Obtains Dismissal of Maryland Accident Case Filed in Georgia State Court on Forum Non Conveniens Grounds](https://www.ansalaw.com/ansa-assuncao-llps-maryland-team-obtains-dismissal-of-maryland-accident-case-filed-in-georgia-state-court-on-forum-non-conveniens-grounds/) - On February 19, 2020, Ansa Assuncao LLP’s Maryland office team, together with Georgia-based colleagues, obtained dismissal of a Complaint filed against firm client United Parcel Service, Inc. (“UPS”) in Georgia state court on forum non conveniens grounds. The case arose from a commercial motor vehicle accident that occurred on a Maryland highway and involved two
- [Uber and Postmates Can’t Hitch a Ride on the Trucking Industry’s AB-5 Success: The Significance of a Preemption Argument and Other Takeaways from the Latest AB-5 Ruling](https://www.ansalaw.com/uber-and-postmates-cant-hitch-a-ride-on-the-trucking-industrys-ab-5-success-the-significance-of-a-preemption-argument-and-other-takeaways-from-the-latest-ab-5-ruling/) - As we’ve chronicled in recent articles, the trucking industry, represented by the California Trucking Association (“CTA”), has enjoyed courtroom success battling AB-5, California’s controversial “gig worker” law. U.S. District Judge Roger T. Benitez followed a New Year’s Eve TRO with a January 2020 preliminary injunction, blocking state officials for the life of the suit from
- [Price Gouging Investigations: Yes, It Could Happen to Your Company](https://www.ansalaw.com/price-gouging-investigations-yes-it-could-happen-to-your-company/) - Reports of hoarding and price gouging of critical supplies (facemasks and other personal protective equipment, hand sanitizer, toilet paper, disinfectant wipes, etc.) have been widespread throughout the COVID-19 crisis. In a March 24 memorandum, Attorney General William Barr advised U.S. Attorneys that his department would “aggressively pursue bad actors” who were hoarding supplies and selling
- [Price Gouging Investigations: Protect Your Company Now](https://www.ansalaw.com/price-gouging-investigations-protect-your-company-now/) - Price gouging complaints and investigations are already on the rise as the COVID-19 pandemic spreads. Even companies that are not in the business of producing and selling pandemic-critical supplies like facemasks or hand sanitizer may be subject to state or federal price gouging investigation if their prices increase during the pandemic. This is true whether
- [What Business Owners in New Jersey and New York Need to Know About COVID-19 Disruptions to Contractual Promises](https://www.ansalaw.com/what-business-owners-in-new-jersey-and-new-york-need-to-know-about-covid-19-disruptions-to-contractual-promises/) - COVID-19 has substantially disrupted business as usual. The governments of most States have declared a state of emergency and have placed a number of restrictions on non-essential business and the free movement of people. Manufacturers and service providers are struggling to perform as required by their contractual agreements under these recent governmental restrictions enacted to
- [New Jersey Shuts Down “Non-Essential” Construction Projects To Mitigate Covid-19 – “Essential” Projects Can Continue Under Certain Conditions](https://www.ansalaw.com/new-jersey-shuts-down-non-essential-construction-projects-to-mitigate-covid-19-essential-projects-can-continue-under-certain-conditions/) - In continuing efforts to flatten the coronavirus infection curve, New Jersey Governor Phil Murphy has ordered all “non-essential” construction projects in the State to shut down. The Governor’s Executive Order 122 made the shut-down effective as of Friday, April 10, 2020 at 8 PM until further notice. Observing that “construction sites are inherently difficult environments
- [Don’t Expect to See Civil Jury Trials in 2020](https://www.ansalaw.com/dont-expect-to-see-civil-jury-trials-in-2020/) - The right to a trial by jury is central to our justice system. The Seventh Amendment to the United States Constitution ensures the right to a jury trial in civil cases brought in the federal system. Similar protections exist in individual states’ constitutions. The COVID-19 pandemic has forced courts, federal and state, to suspend jury
- [Arthur Fergenson, Senior Counsel, appearing as a special guest on Mark Levin’s program to analyze the charges leveled against Israeli Prime Minister Benjamin Netanyahu, accusing him of breach of trust and bribery.](https://www.ansalaw.com/arthur-fergenson-senior-counsel-appearing-as-a-special-guest-on-mark-levins-program-to-analyze-the-charges-leveled-against-israeli-prime-minister-benjamin-netanyahu-accusing-him-of-breach/) - Israeli Prime Minister Benjamin Netanyahu is charged with three counts of wrongdoing, the most serious being bribery. Senior Counsel Arthur Fergenson was invited by his friend of many years, well-known author and conservative commentator Mark Levin to discuss the indictment. Arthur took the counts on one by one. His conclusion was that the indictment of
- [Essential Businesses In Pennsylvania, New York, And New Jersey  Must Now Require Their Employees To Wear Face Masks Or Face Coverings](https://www.ansalaw.com/essential-businesses-in-pennsylvania-new-york-and-new-jersey-must-now-require-their-employees-to-wear-face-masks-or-face-coverings/) - Essential businesses throughout Pennsylvania authorized to maintain in-person operations must now require their employees to wear face masks while on the work site. Similarly, essential businesses in New York and New Jersey must require their employees to wear face coverings. The nuances of these mandates are set forth, below: • Pennsylvania: Pennsylvania Department of Health
- [(Legal) Exposure to the Coronavirus](https://www.ansalaw.com/legal-exposure-to-the-coronavirus/) - The health crisis caused by the COVID-19 pandemic is ever evolving and creating a host of novel challenges for businesses of all sizes. With scientists and researchers scrambling to identify effective methods to contain and stop the spread of the disease, others are bracing for the inevitable legal fallout. Already, a litany of lawsuits has
- [New Jersey Has Closed “Non-Essential” Retail Businesses To Mitigate Covid-19; Is Your Retail Business “Essential”?](https://www.ansalaw.com/new-jersey-has-closed-non-essential-retail-businesses-to-mitigate-covid-19-is-your-retail-business-essential/) - The spread of coronavirus has caused the mass closure of retail businesses throughout New Jersey. Some retailers, however, have been allowed to operate during this difficult time. If a business provides services or products deemed “essential” to public life, it may be able to open its doors again. On March 20, 2020, in an effort
- [DOT and FMCSA Guidance for Managing Disruptions to  Regulated Drug and Alcohol Testing Due to COVID-19](https://www.ansalaw.com/dot-and-fmcsa-guidance-for-managing-disruptions-to-regulated-drug-and-alcohol-testing-due-to-covid-19/) - On March 23, the Department of Transportation (“DOT”) issued guidance for conducting DOT-required drug and alcohol testing in safety-sensitive transportation fields (aviation, trucking, mass transit, railroads) in light of concerns that disruptions caused by COVID-19 were interfering with, and even preventing, compliance with testing requirements. The next day, the Federal Motor Carrier Safety Administration (“FMCSA”)
- [Remedies for Disappointed Prospective Borrowers Under the Paycheck Protection Program](https://www.ansalaw.com/remedies-for-disappointed-prospective-borrowers-under-the-paycheck-protection-program/) - This article discusses one of the first judicial opinions to engage with the merits of a controversy arising from the Coronavirus. Profiles v. Bank of America, 20-0894, 2020 WL 1849710 (D. Md. April 13, 2020), holds that a prospective borrower does not have a cause of action against a bank for refusing to accept or
- [How will COVID-19 Impact Jury Verdicts?](https://www.ansalaw.com/how-will-covid-19-impact-jury-verdicts/) - “I want to be broadly right rather than precisely wrong.” – Nassim Nicholas Taleb, from his book, The Black Swan. How will this pandemic and everything surrounding it affect juror decision-making? The broad answer to this question is it won’t. At least not directly. The process of decision-making will remain largely unchanged by the pandemic.
- [Recent Wrongful Death Lawsuit Reveals Liability Theories for COVID-19 Exposure](https://www.ansalaw.com/recent-wrongful-death-lawsuit-reveals-liability-theories-for-covid-19-exposure/) - A wrongful death lawsuit recently filed by the estate of a Walmart Inc. employee in Illinois provides a glimpse of emerging liability theories for injuries allegedly arising from COVID-19 exposure in the workplace. According to the lawsuit filed on April 6, Waldo Evans died on March 25 after contracting COVID-19 at the Walmart Supercenter where
- [A Dream Is a Wish Your Heart Makes](https://www.ansalaw.com/a-dream-is-a-wish-your-heart-makes/) - National and worldwide shutdowns, imposed to protect citizens from COVID-19, might leave your contract counterparts unable to satisfy their obligations. Even in good times, the perennial hope of contract creditors is to find backup sources of payment. That’s the dream: roping in a deep pocket to make good. One way is to secure a guaranty.
- [Everything Old Is New Again (Contract Illegality)](https://www.ansalaw.com/everything-old-is-new-again-contract-illegality/) - Everything Old Is New Again (with apologies to Peter Allen). Our common law system gives the old and grizzled great deference. In a society that extols youth, it may be the only place left that does. Mining the past for legal doctrines is never more important than now when everyone, including courts, is looking to
- [COVID-19 Relief Bill (H.R. 6201) and Its Potential Impact on Employers](https://www.ansalaw.com/covid-19-relief-bill-h-r-6201-and-its-potential-impact-on-employers/) - After two days of intense negotiations, in the early morning hours of March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act (H.R. 6201) by a vote of 363 to 40. Before the vote, President Donald Trump tweeted that he fully supports the bill as it provides “free CoronaVirus tests,
- [Trump Signs COVID-19 Response Act Into Law and the EEOC Issues New ADA Guidance on COVID-19:  Next Steps for Employers](https://www.ansalaw.com/trump-signs-covid-19-response-act-into-law-and-the-eeoc-issues-new-ada-guidance-on-covid-19-next-steps-for-employers/) - On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law. As confirmed cases of coronavirus surge from Seattle to New York City, schools are closing for an indefinite period of time, and numerous cities and states have ordered closure of businesses and imposed restrictions on travel and other
- [Employer’s Guide to the Families First Coronavirus Relief Act (“FFCRA”)](https://www.ansalaw.com/employers-guide-to-the-families-first-coronavirus-relief-act-ffcra/) - The Families First Coronavirus Response Act (“FFCRA”)¹ expands federal employment law by requiring paid leave for certain employees impacted by the Coronavirus crisis. At least for the time being, this represents a fundamental shift in federal employment law. Because the FFCRA’s provisions are enforceable through the harsh remedies of existing federal employment law, employers must
- [The Benefits and Risks of the CARES Act Small Business Paycheck Protection Program](https://www.ansalaw.com/the-benefits-and-risks-of-the-cares-act-small-business-paycheck-protection-program/) - The recently passed “Third” Coronavirus Bill, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), contains substantial aid for small business, including government guaranteed, low interest, fully-forgivable “loans” to small businesses to cover payroll and other current expenses. Businesses¹ with 500 or fewer employees² are eligible for the “Paycheck Protection Program.” (“PPP”) PPP loans
- [Change of Circumstances in Interpreting Contracts](https://www.ansalaw.com/change-of-circumstances-in-interpreting-contracts/) - This time of economic instability and uncertainty provides good reason to review caselaw from the last economic downturn related to the contract concept of impossibility of performance. Ferguson v. Ferguson, 54 So.3d 553 (Fla. 3d DCA 2011), is instructive. The case held that absent truly extraordinary circumstances, contracts are ordinarily enforceable by their terms. As
- [Fraud-In-The-Performance Doctrine is Alive and Well in Florida](https://www.ansalaw.com/fraud-in-the-performance-doctrine-is-alive-and-well-in-florida/) - Commercial lawyers are well familiar with the doctrine known as “fraud in the performance.” In practice, it means that if an alleged false statement occurred during the performance of a contract, that false statement might support a claim for breach of contract, but it cannot support a separate claim for fraud. In the author’s personal
- [The Anchoring Effect: How Risk Managers and Civil Defense Lawyers Value Cases, Like It or Not](https://www.ansalaw.com/the-anchoring-effect-how-risk-managers-and-civil-defense-lawyers-value-cases-like-it-or-not/) - “If you are asked whether Gandhi was more than 114 years old when he died you will end up with a much higher estimate of his age at death than you would if the anchoring question referred to death at 35.” – Daniel Kahneman, from his book, Thinking, Fast and Slow. In our article, The
- [“Other Paper” Removal: Updated Guidance in the Eastern District of Pennsylvania](https://www.ansalaw.com/other-paper-removal-updated-guidance-in-the-eastern-district-of-pennsylvania/) - (1) To Remove or Not to Remove, and the “Other Paper” rule “Is this case removable?” This is one of the first questions that defense counsel ask themselves on receipt of a new complaint, especially in Philadelphia. But how to determine whether the “amount in controversy” actually exceeds the $75,000 minimum federal diversity jurisdiction threshold
- [Judge Unbias Thyself: Judges Must Perform the Gatekeeper Function and Apply Rule 702 Even When They Are the Fact-Finders, Per the Third Circuit](https://www.ansalaw.com/judge-unbias-thyself-judges-must-perform-the-gatekeeper-function-and-apply-rule-702-even-when-they-are-the-fact-finders-per-the-third-circuit/) - A primer on Federal Rule of Evidence 702, and relevant Supreme Court decisions from Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) on, and what it means for a federal court to function as gatekeeper; an example of an abject failure to pass muster as a qualified expert opinion; an object lesson on
- [Second Thoughts on Drafting Landlords into the Army of the Just: Second Circuit Grants En Banc Review on Case Requiring Landlords to Control Instances of Racial Harassment by Tenants](https://www.ansalaw.com/second-thoughts-on-drafting-landlords-into-the-army-of-the-just-second-circuit-grants-en-banc-review-on-case-requiring-landlords-to-control-instances-of-racial-harassment-by-tenants/) - Allegations of improper behavior resulting in hurt feelings. Years of fruitless back-and-forth claims of wrongdoing and absence of wrongdoing filling volumes resulting only in delay and confusion with all hope of prompt justice abandoned. And nothing at all accomplished, in fact and in law. Exhausted, the parties to this battle have fought to a standstill, and
- [Want to Avoid Paying Rule 41(d) Costs?  Then Re-File in State Instead of Federal Court](https://www.ansalaw.com/want-to-avoid-paying-rule-41d-costs-then-re-file-in-state-instead-of-federal-court/) - We have all seen this before: a plaintiff decides to dismiss and then re-file. But wait, you say, there’s a downside to doing that, which is subjecting the plaintiff to costs pursuant to Federal Rule of Civil Procedure 41(d). That’s generally true, but according to the Eleventh Circuit, it’s not true if the plaintiff re-files
- [What Can And Should Employers Do In Face Of Coronavirus Threat?](https://www.ansalaw.com/what-can-and-should-employers-do-in-face-of-coronavirus-threat/) - As the coronavirus continues to spread globally and, now, domestically, employers should be prepared to confront the myriad of employment and workplace issues posed by the virus, including limitations on travel, adjustments to leave policies, health and safety concerns and risks of discrimination claims. With the worldwide death toll currently at over 3100 (as of
- [A Managing Agent’s Malicious Actions Can Subject The Company To Punitive Damages.  But What Does “Managing Agent” Really Mean?](https://www.ansalaw.com/a-managing-agents-malicious-actions-can-subject-the-company-to-punitive-damages-but-what-does-managing-agent-really-mean/) - Those who regularly litigate in Florida courts are quite familiar with the process of pursuing a claim for punitive damages. That process requires the plaintiff to seek permission from the trial court to include a claim for punitive damages, and it requires the trial court to substantively evaluate the allegations of the proposed claim as
- [Protecting Your Company From Hijacking By Snowflakes: Second Circuit Holds That Stress-Causing Inability To Perform A Job Is Not A Disability Under The ADA](https://www.ansalaw.com/protecting-your-company-from-hijacking-by-snowflakes-second-circuit-holds-that-stress-causing-inability-to-perform-a-job-is-not-a-disability-under-the-ada/) - The fear of snowflakes melting is not new. When I was at Yale Law School 50 years ago, the policy was already established to shield the fragile egos attending the most competitive law school in the country, from knowledge of their relative performance among their peers: first term pass/fail, no letter or number grades, only
- [The Noble Pudding, Censored](https://www.ansalaw.com/the-noble-pudding-censored/) - January 25 has come and gone. And America has suffered through another sad chapter in the history of government suppression of the natural order of things. This article is about that continuing tragedy. January 25, as we all know, is the birthday of Robert Burns, Scotland’s national poet, celebrated by Scots throughout the known world.
- [Can A Third-Party Successfully Sue You For Failing To Provide Service Beyond The Scope Of Your Contract?](https://www.ansalaw.com/can-a-third-party-successfully-sue-you-for-failing-to-provide-service-beyond-the-scope-of-your-contract/) - Sometimes appellate opinions are issued on a seemingly narrow subject matter that can apply to many other factual contexts. In one such recent example, a Florida appellate court concluded that a security services provider could not be held responsible for allegedly failing to protect a person who was criminally attacked. The reason for the appellate
- [No Discovery Allowed Of Special Litigation Committee  Regarding Its Evaluation Of Proposed Derivative Claims](https://www.ansalaw.com/no-discovery-allowed-of-special-litigation-committee-regarding-its-evaluation-of-proposed-derivative-claims/) - Disputes between owners of closely-held businesses usually include allegations that one of the owners caused financial harm to the business. For example: allegations of self-dealing or stealing corporate opportunities. These types of claims oftentimes belong to the business entity, rather than to the individual owners of the business, which means that an aggrieved business owner
- [Sense Overcomes Sensibility: Ninth Circuit Comes Aboard But-For Test for ADA](https://www.ansalaw.com/sense-overcomes-sensibility-ninth-circuit-comes-aboard-but-for-test-for-ada/) - Those who live by a multi-level analysis die by it: pull out an essential step and the entire logical edifice comes crashing down. That is one lesson to be gleaned from the unanimous published decision by a panel of the Ninth Circuit. There are others, but that will have to wait until the end of
- [When At First You Don’t Completely Succeed, Try, Try Again](https://www.ansalaw.com/when-at-first-you-dont-completely-succeed-try-try-again/) - It is not often that lawyers come across the Rooker-Feldman doctrine. Nor courts. I taught federal jurisdiction at the University of Maryland School of Law, and I not only did not teach it, I never heard of it. I came across the doctrine in practice when exploring the options for challenging a state court judgment
- [Procuring Cause Doctrine Does Not Override Express Contract Terms](https://www.ansalaw.com/procuring-cause-doctrine-does-not-override-express-contract-terms/) - The phrase “procuring cause” frequently arises in discussions between brokers and their clients when they disagree about whether a commission is owed. Most often the broker will reference the doctrine as part of an argument about why the broker should be paid a commission (because the broker presented the buyer who ultimately closed on the
- [The Self-Fulfilling Prophecy of Social Inflation](https://www.ansalaw.com/the-self-fulfilling-prophecy-of-social-inflation/) - “It is contagion that determines the fate of a theory in social science, not its validity.” -- Nassim Taleb, from his book, The Black Swan. Google “social inflation” and you will find a phenomenon presented as scientific and established. You will read that there is a trend of increasing jury verdicts and social inflation is the
- [NO NEED FOR TEARS: The limits of fiduciary duty for attorney trust accounts](https://www.ansalaw.com/no-need-for-tears-the-limits-of-fiduciary-duty-for-attorney-trust-accounts/) - In the classic film noir Too Late For Tears, a blackmail victim throws a suitcase full of cash into the back of the wrong convertible. In the fevered imagination of Hollywood storytellers, multiple murders follow. In the real world of New Jersey real estate transactions, one person anonymously throwing funds into a prominent law firm’s
- [Cause vs. Effect: Defining the Malfunction in Elevator Accident Cases](https://www.ansalaw.com/cause-vs-effect-defining-the-malfunction-in-elevator-accident-cases/) - Not all premises liability cases require expert opinion on liability, but many do. What about premises liability cases where a plaintiff claims injury as the result of an elevator malfunction? Does the plaintiff need expert testimony to survive summary judgment? Or, can the plaintiff cut costs, forego the expert and simply rely on the doctrine
- [Thou Shalt Presume Irreparable Harm (when construing non-compete agreements)](https://www.ansalaw.com/thou-shalt-presume-irreparable-harm/) - When a current or former employee violates a non-competition agreement, the first stop for the litigation train is usually preliminary injunctive relief. To secure that relief in a Florida Court, the plaintiff-employer needs to prove (among other things) irreparable harm, which generally means harm that cannot be adequately compensated with a monetary award. Satisfiying this
- [Yes, Virginia, Courts Can Overturn Arbitration Awards](https://www.ansalaw.com/yes-virginia-courts-can-overturn-arbitration-awards/) - Yes, Virginia, courts can and will overturn arbitration awards, and the Third Circuit, in a sharply written precedential opinion by Judge Thomas Ambro for a unanimous panel, did exactly that in Monongahela Valley Hospital v. United Sates Paper and Forestry Rubber Manufacturing Allied Industrial Service Workers Int’l Union, affirming the District Court decision out of
- [11th Circuit Construes Civil RICO In The Insurance Context](https://www.ansalaw.com/11th-circuit-construes-civil-rico-in-the-insurance-context/) - The 11th Circuit recently affirmed the Middle District of Florida in a complex insurance matter involving a lawsuit filed by car repair shops against insurance companies. The car repair shops alleged that the insurance companies committed RICO violations by capping the rates the insurance companies would pay for auto repairs. Crawford’s Auto Center v. State
- [The CSA Program Gets a Fast Fix: A Review of the 2015 Fast Act](https://www.ansalaw.com/the-csa-program-gets-a-fast-fix-a-review-of-the-2015-fast-act/) - Roman Galas and Chris Lucca's article, "The CSA Program Gets a Fast Fix: A Review of the 2015 Fast Act" has been published in the Second Quarter, 2016 Edition of Journal of Transportation Law, Logistics & Policy. A copy of the article may be found here.
- [Some Takeaways From a Lunch With My Jury](https://www.ansalaw.com/some-takeaways-from-a-lunch-with-my-jury/) - Roman Galas's article, "Some Takeaways From a Lunch With My Jury," was published in the June 22, 2017 issue of The Legal Intellegencer. You can view a copy of the article here.
- [Your Neighbor Is Violating A City Ordinance, But The City Disagrees.  Can You Sue The City?  No.  Can You Sue The Neighbor?  Maybe, Says A Florida Appellate Court.](https://www.ansalaw.com/your-neighbor-is-violating-a-city-ordinance-but-the-city-disagrees-can-you-sue-the-city-no-can-you-sue-the-neighbor-maybe-says-a-florida-appellate-court/) - It is not difficult to imagine a scenario in which a property owner dislikes a neighbor’s new fence, wall or hedge. But what if the new fence, wall or hedge violates a local ordinance and the city refuses to file an enforcement action? Can the aggrieved property owner sue the city for failing to enforce
- [Attorney Michael Beltran Obtains Dismissal of Felony Charges Against Client](https://www.ansalaw.com/attorney-michael-beltran-obtains-dismissal-of-felony-charges-against-client/) - Michael Beltran recently won a dismissal of all charges against his client in a felony criminal case related to an alleged violation of a business practices statute applicable to the towing industry. After another attorney had advised the client to plead guilty in exchange for no jail time, the client came to Mr. Beltran for
- [Florida Appeals Court Construes Anti-SLAPP Statute In Lawsuit Over Negative Political Mailers](https://www.ansalaw.com/florida-appeals-court-construes-anti-slapp-statute-in-lawsuit-over-negative-political-mailers/) - Florida’s Fourth District Court of Appeal recently discussed Florida’s Anti-SLAPP statute’s application to electioneering communications, specifically the negative mailers that were widely deployed during the 2018 elections. In that case, a defeated incumbent on the West Palm Beach City Council was accused by her detractors of claiming various tax breaks and grants to which she was not entitled under the law. After she was defeated, she sued the purveyors of the allegedly defamatory materials for defamation. The trial court denied the Anti-SLAPP motion filed by the defendants. Florida’s Anti-SLAPP statute protects against meritless lawsuits filed for the primary purpose of suppressing First Amendment rights. However, the Anti-SLAPP statute does not cover “electioneering communications” by its terms. The parties argued over whether the Anti-SLAPP statute should be construed narrowly or broadly, given the competing policy implications and rules of statutory construction, but ultimately the appellate decision did not disturb the trial court’s ruling on this issue. The Fourth DCA ultimately held that Florida appellate jurisdiction does not extend to denial of Anti-SLAPP motions. Because denial of an Anti-SLAPP motion does not end the case, it is subject to the final order doctrine, which states that a party may ordinarily appeal only at the conclusion of the litigation. Although the Florida Supreme Court has promulgated various exceptions to the final order doctrine, it has not provided any exception for denial of Anti-SLAPP immunity. Importantly, the Fourth DCA certified conflict with another decision by the Southwest Florida-based Second DCA, meaning that the Florida Supreme Court could review the case. If it does so, the Florida Supreme Court may consider expanding its exceptions to the final order doctrine, as suggested by the Fourth DCA. However, the final resolution of this matter will likely depend on the balancing of First Amendment issues on the one hand with the problems of expanding Anti-SLAPP protection to widely detested negative mailers. The case is WPB Residents for Integrity in Government v. Materio, 4D19-967, 44 Fla. L. Weekly D2640a (4th DCA October 30, 2019).
- [Federal Appeals Court Rejects ADA Claim Based Upon “Future Disability”](https://www.ansalaw.com/federal-appeals-court-rejects-ada-claim-based-upon-future-disability/) - In a case discussed previously, the Eleventh Circuit affirmed the dismissal of a lawsuit based upon a Massage Envy employee’s decision to travel to Africa during the Ebola outbreak. The employer feared the employee would contract Ebola or that the travel to that area would scare potential clients. As the court stated: The terms of the ADA protect persons who experience discrimination because of a current, past, or perceived disability—not because of a potential future disability that a healthy person may experience later. Accordingly, we affirm the district court’s final judgment in favor of defendant Massage Envy. The court explained the EEOC’s claim as follows: The EEOC suggested that Lowe’s interfered-with ADA rights were: (1) the right to a reasonable accommodation if Lowe actually developed Ebola; and (2) the right to associate with disabled persons, i.e., people in Ghana with Ebola. However, neither Lowe nor the EEOC provided any authority for the proposition that Lowe’s prospect of contracting Ebola protected her under the ADA. The facts of the case, moreover, showed that nobody in Ghana developed Ebola during the time that Lowe traveled there. The court therefore concluded that: For several reasons, we must conclude that the disability definition in the ADA does not cover this case where an employer perceives a person to be presently healthy with only a potential to become ill and disabled in the future due to the voluntary conduct of overseas travel. The court also affirmed the dismissal of the ADA “association” claim based upon the allegation that Lowe was fired because she would supposedly “associate” with unknown “disabled persons” who had Ebola in Ghana: In this case, the EEOC has alleged an association even “looser” than the physician and patient relationship in Freilich. Here, the EEOC's entire claim is based on Massage Envy’s concern that Lowe might come across some unknown person with Ebola while traveling in Ghana. But the EEOC has not cited to, nor are we aware of, a single case involving an association discrimination claim premised on an employer’s belief about an employee's potential casual association with unknown disabled people. In closing the Eleventh Circuit reminds all employers that: As we have repeatedly and emphatically held, an employer may fire an employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at all, as long as its action is not for a discriminatory reason contrary to federal law. Thus, courts do not review the wisdom (or the optics) of a firing, but strictly limit themselves to the statutory text in evaluating an allegedly wrongful termination. The case is EEOC v. STME, 18-12121 (11th Cir. Sept. 12, 2019).
- [Do I Need To Follow The Ancient Rules Of Authentication To Use A Google Maps Image As Evidence During My Trial?  Yes, Says Florida Appellate Court](https://www.ansalaw.com/do-i-need-to-follow-the-ancient-rules-of-authentication-to-use-a-google-maps-image-as-evidence-during-my-trial-yes-says-florida-appellate-court/) - Once upon a time not too long ago, if you wanted to see what a particular street location looked like, you needed to drive by and take a look. Nowadays, you just look at Google Maps and presume it is accurate because, after all, it is an image generated by what is widely considered a reliable source for such information. But does the common use and presumed reliability of Google Maps render its information admissible in court? Not unless the age-old authentication rules applicable to photographs are followed, says a Florida appellate court. See City of Miami v. Kho, Case No. 3D18-2369, 2019 WL 5198401, 44 Fla. L. Weekly D2555c (Fla. 3d DCA Oct. 16, 2019). The underlying case involved a slip and fall on a Miami sidewalk. The plaintiff sued the City and alleged that the City did not properly maintain the sidewalk. To prove the condition of the sidewalk at the time of the incident, the plaintiff presented an image from Google Maps, but did not present any witness testimony to establish that is how the sidewalk really looked at the time. The City objected on the basis that the plaintiff did not properly authenticate the image. The trial court overruled the City’s objection and allowed the plaintiff to use the image to show the City had constructive knowledge of the condition of the sidewalk at the time of the incident. The City lost the trial and appealed to challenge the trial court’s ruling on the Google Maps image.
- [Do False Statements About A Former Employee During A Bank’s Board Of Directors Meeting Constitute Defamation?  No, Says A Florida Appellate Court.](https://www.ansalaw.com/do-false-statements-about-a-former-employee-during-a-banks-board-of-directors-meeting-constitute-defamation-no-says-a-florida-appellate-court/) - One of the requirements of a claim for defamation is “publication” of the false statement to a third party. In practice, this generally means that a communication between two employees of a corporation cannot constitute defamation because such a communication is tantamount to a “corporation talking to itself.” For example, if one employee writes an email to another employee of the same corporation, and thereby makes false allegations against some other person outside of the company, that is usually not “publication” for purposes of a defamation claim. But what if the false statements are made during a meeting of the Board of Directors of a banking corporation and the Board includes several “outside directors” who are not otherwise employed by the bank? Are those outside directors sufficiently connected to the bank to constitute the “corporation talking to itself”? Yes, says Florida’s Third District Court of Appeal in rejecting a claim for defamation. See Hullick v. Gibraltar Private Bank & Trust Company, Case No. 3D18-0203, 2019 WL 4456072, 44 Fla. L. Weekly D2345a (Fla. 4th DCA Sept. 18, 2019).
- [Arthur Fergenson of Ansa Assuncao LLP Quoted in BNA Article Regarding Personal Jurisdiction](https://www.ansalaw.com/arthur-fergenson-of-ansa-assuncao-llp-quoted-in-bna-article-regarding-personal-jurisdiction/) - On January 20, 2014, Arthur F. Fergenson, counsel with Ansa Assuncao LLP, was quoted by Bloomberg BNA's Product Safety & Liability Reporter in an article regarding personal jurisdiction and the stream of commerce theory, as addressed by the United States Supreme Court in J. McIntyre Machinery Ltd. v. Nicastro, 131 S. Ct. 2780 (2011). Mr. Fergenson,
- [Ansa Assuncao LLP Announces Move of its Maryland/DC Office](https://www.ansalaw.com/ansa-assuncao-llp-announces-move-of-its-marylanddc-office/) - Ansa Assuncao, LLP is pleased to announce the move of its Maryland/DC office. The new office location address is 10400 Little Patuxent Parkway, Suite 300, Columbia, Maryland 21044, Phone: (443) 539-7788 /Fax: (443) 539-7781. The office will be the new home for Office Managing Partner Jennifer Wright Schick, Associate Heather Williams, and Of Counsel Arthur
- [Ansa Assuncao LLP Attorneys Matt Meyer and Tyler Derr Published in the American Bar Association Publication The Franchise Lawyer](https://www.ansalaw.com/this-is-class-action-defense-related-post/) - Matthew J. Meyer and Tyler J. Derr, both residents in the Tampa office of Ansa Assuncao, LLP, have been published in the American Bar Association's Winter 2015 Edition of The Franchise Lawyer with their article They Are Violating the Preliminary Injunction, Now What? The article provides pragmatic solutions and best practices for seeking to enforce
- [Ansa Assuncao LLP Adds Associate Heather Leigh Williams to its Maryland Office](https://www.ansalaw.com/ansa-assuncao-llp-adds-associate-heather-leigh-williams-to-its-maryland-office/) - Ms. Williams joined Ansa Assuncao after completing her one-year judicial clerkship with the Honorable Paul W. Grimm of the United States District Court for the District of Maryland. Ms. Williams earned her J.D., cum laude, from the University of Maryland School of Law in 2011. While at Maryland Law, Ms. Williams served as the Executive
- [Ansa Assuncao LLP Attorneys Matt Meyer and Tyler Derr Published in the American Bar Association Publication The Franchise Lawyer](https://www.ansalaw.com/ansa-assuncao-llp-attorneys-matt-meyer-and-tyler-derr-published-in-the-american-bar-association-publication-the-franchise-lawyer/) - Matthew J. Meyer and Tyler J. Derr, both residents in the Tampa office of Ansa Assuncao, LLP, have been published in the American Bar Association's Winter 2015 Edition of The Franchise Lawyer with their article They Are Violating the Preliminary Injunction, Now What? The article provides pragmatic solutions and best practices for seeking to enforce a preliminary injunction through
- [Ansa Assuncao LLP Secures Appellate Victory In The Court Of Appeals Of Texas](https://www.ansalaw.com/february-8-2018-ansa-assuncao-llp-secures-appellate-victory-in-the-court-of-appeals-of-texas/) - Ansa Assuncao LLP secured extraordinary relief before the Court of Appeals of Texas, which granted a Petition for Writ of Mandamus filed on behalf of client United Parcel Service, Inc. The appellate court agreed that the trial court abused its discretion when it denied UPS leave to designate responsible third parties more than 7 months
- [Ansa Assuncao attorney, Lisa Allen, elected as County Court Judge](https://www.ansalaw.com/ansa-assuncao-attorney-lisa-allen-elected-as-county-court-judge/) - Ansa Assuncao is pleased to announce that one of its own lawyers, Lisa Allen, Esquire, has recently been elected as a County Court Judge in the Thirteenth Judicial Circuit of Hillsborough County, Florida. We look forward to addressing Lisa as “Judge Allen” starting in January 2019.
- [Florida Real Estate Law:  Is “Adverse Possession” Sufficiently “Hostile” If The Possession Is Permitted Because Nobody Realizes That It’s Wrong?](https://www.ansalaw.com/florida-real-estate-law-is-adverse-possession-sufficiently-hostile-if-the-possession-is-permitted-because-nobody-realizes-that-its-wrong/) - The word “hostile” is usually equated with overt and combative acts, such as actual or threatened violence. But in the context of adverse possession of real estate, the meaning of “hostile” is much more nuanced. For example, is the “hostility” requirement of adverse possession satisfied when a person occupies a property pursuant to a defective deed that nobody realizes is defective? A Florida appellate court has decided that such a situation can satisfy the hostility requirement. See Batterbee v. Roderick, Case No. 2D18-2037, 2019 WL 4122593, 44 Fla. L. Weekly D2237a (Fla. 2d DCA Aug. 30, 2019). 
- [FMLA And Other Federal Statutes Do Not Provide Immunity For Bad Employee Behavior](https://www.ansalaw.com/fmla-and-other-federal-statutes-do-not-provide-immunity-for-bad-employee-behavior/) - Many employees (and some employers!) believe that remedial employment laws allow protected employees to commit workplace misconduct with impunity. As the reasoning goes, any discipline or termination would be attributed to the employee’s membership in a protected class and not to the objective misconduct at hand. Some employees even concoct complaints of statutory violations, either as a preemptive tactic when they sense that their standing is tenuous, or as a post-hoc strike suit after their termination. As yet another court recently showed, employers need not tolerate bad behavior from employees just because they are otherwise protected by employment law. Shinn v. FEDEX Freight, 18-3173, 2019 WL 3956511 (3d Cir. August 22, 2019),
- [Eleventh Circuit Construes RICO’s Association-in-Fact Requirement](https://www.ansalaw.com/eleventh-circuit-construes-ricos-association-in-fact-requirement/) - In an interesting opinion, the Eleventh Circuit Court of Appeals construed the Racketeering Influenced and Corrupt Organizations (RICO) statute to allow a claim against a married couple that cooperated between themselves to evade the husband’s creditors. The husband was subject to a $25 million judgment. The couple transferred assets into the wife’s name and otherwise hid money from the creditors. Later, the couple affirmatively lied (and contradicted each other) as to the existence, location, and handling of their assets.
- [What Apex Doctrine?  Florida Appellate Court Explains That Doctrine Applies Only To Government Executives](https://www.ansalaw.com/what-apex-doctrine-florida-appellate-court-explains-that-doctrine-applies-only-to-government-executives/) - Most large companies take for granted that their highest-ranking executives will not be required to comply with deposition subpoenas related to regular business matters. For example, the Chairman of a Japanese company should not need to worry about giving a deposition in a personal injury case involving run-of-the-mill allegations of product liability, right? Because the
- [When Is A Ladder Actually A House?   When You Apply Florida’s Construction Statute Of Repose To A Personal Injury Claim.](https://www.ansalaw.com/when-is-a-ladder-actually-a-house-when-you-apply-floridas-construction-statute-of-repose-to-a-personal-injury-claim/) - Anyone who deals with construction litigation in Florida knows that such claims are subject to a ten-year statute of repose. This generally means that, regardless of when a plaintiff knew or should have known of some problem with the construction, the plaintiff’s claims are usually barred if brought more than ten years after the certificate of occupancy was issued. The statute of repose is designed to establish an absolute deadline for any claims related to construction projects; this is something the ordinary statute of limitations does not accomplish because of its exceptions. 
- [Federal Court Pushes Back On Website ADA Lawsuits](https://www.ansalaw.com/federal-court-pushes-back-on-website-ada-lawsuits/) - For many years, the Middle District of Florida, along with several other jurisdictions around the country, has been plagued with “drive by” ADA lawsuits. In these lawsuits, an allegedly disabled individual will supposedly visit (“drive by”) numerous establishments of the same type, such as restaurants or retail stores, and claim that he or she was
- [When Is A “Parking Garage” Not A “Garage” Or “Parking Lot”?   When The Term Is Used In A Florida Restrictive Covenant](https://www.ansalaw.com/when-is-a-parking-garage-not-a-garage-or-parking-lot-when-the-term-is-used-in-a-florida-restrictive-covenant/) - Restrictive covenants are narrowly construed by Florida courts. To the real estate practitioner, this means that clear language is necessary if you want to prevent a landowner from using its property in some specific manner. Case in point: language in a deed that stated the property “will not be used as a parking lot, storage
- [Be Careful!  That Arbitration Agreement Might Waive Your Personal Jurisdiction Defense In Florida](https://www.ansalaw.com/be-careful-that-arbitration-agreement-might-waive-your-personal-jurisdiction-defense-in-florida/) - When can two foreign companies from Panama and Colombia without any material relationship to Florida contractually create personal jurisdiction in Florida regarding a business transaction that occurs in Colombia? When the case involves a motion to compel arbitration pursuant to a written agreement that expressly states it is “governed by the laws of the State
- [Employer Successfully Defends FLSA Case Based Upon Judicial Estoppel Doctrine](https://www.ansalaw.com/employer-successfully-defends-flsa-case-based-upon-judicial-estoppel-doctrine/) - In a recent decision, the Eleventh Circuit Court of Appeals dismissed an unpaid wages and overtime (FLSA) case because the plaintiff failed to disclose this claim in his bankruptcy. Debtors who file for bankruptcy protection are required to disclose all their assets, which include potential legal claims. The purpose of such disclosure is to ensure
- [Does A Contract Provision That Precludes The Recovery Of Any Damages Render The Entire Contract Illusory?  The Eleventh Circuit Court Of Appeal Has Asked The Florida Supreme Court To Decide](https://www.ansalaw.com/does-a-contract-provision-that-precludes-the-recovery-of-any-damages-render-the-entire-contract-illusory-the-eleventh-circuit-court-of-appeal-has-asked-the-florida-supreme-court-to-decide/) - The Eleventh Circuit Court of Appeal was faced with an otherwise relatively unremarkable dispute involving an alleged breach of a software services contract. What made the case remarkable was the inclusion of a provision in the relevant contract that precluded the recovery of any and all damages. That’s right: the contract stated that the plaintiff
- [Federal Court Rejects Employment Claim Arising From Ebola Scare](https://www.ansalaw.com/federal-court-rejects-employment-claim-arising-from-ebola-scare/) - A massage therapist requested time off from Massage Envy to visit her sister who was on military deployment to Ghana. However, her employer was concerned she would contract Ebola. It persisted in its objection even after learning that the chance of the therapist contracting Ebola was low and that the therapist should be permitted to
- [Florida Federal Court Interprets Amended Uniformed Services Employment and Reemployment Rights Act (USERRA)](https://www.ansalaw.com/florida-federal-court-interprets-amended-uniformed-services-employment-and-reemployment-rights-act-userra/) - A federal judge in Tallahassee recently ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) protects a servicemember returning from duty even if his former work location has been taken over by a new company. USERRA requires an employer to reemploy a soldier after an absence necessary for service in the United States
- [Florida Legislature Restricts Medical Noncompete Agreements](https://www.ansalaw.com/florida-legislature-restricts-medical-noncompete-agreements/) - Governor DeSantis recently signed an omnibus healthcare bill that, among other things, restricts physician noncompete agreements. The provision states that a specialist who practices in a county where one entity controls all physicians who practice that specialty is not bound by a noncompete because such noncompetes are not supported by a legitimate business interest. The
- [AOB Reform Bill](https://www.ansalaw.com/aob-reform-bill/) - Last week, Governor DeSantis signed an assignment of benefits (“AOB”) reform bill. AOB refers to the practice of vendors offering home repair services in exchange for assignment of homeowners’ insurance benefits. The vendor then looks to the insurer, and not the homeowner, for payment for work completed on the home. Advocates for AOB reform claim
- [Settlement Agreements](https://www.ansalaw.com/settlement-agreements/) - A Miami-area appeals court has recently ruled that a commonly-used provision in settlement agreements is ineffective. When lawyers draft releases in settlement agreements to end lawsuits, they frequently include language to the effect that they are releasing (giving up) all claims, “whether known or unknown”. This prevents the settling party from later bringing a new
- [The LIBERTAD Act](https://www.ansalaw.com/the-libertad-act/) - The LIBERTAD Act provides rights to individuals and businesses whose assets have been confiscated by the communist regime in Cuba. Although the Act was passed decades ago, its implementation has been continuously suspended by successive administrations until now. Just this month, the Trump Administration unleashed the LIBERTAD act in retaliation for Cuba’s support of the
- [Solidifying Liquidated Damages With Specific Performance](https://www.ansalaw.com/solidifying-liquidated-damages-with-specific-performance-2/) - Over the years, Florida courts have considered and approved contractual liquidated damages in the context of property development or construction cases. Typically, these types of cases are fact intensive and largely dependent upon the specific contractual provisions at issue as well as the respective court’s opinion as to the reasonableness of the amount of liquidated
- [Florida Court of Appeal Affirms Trial Court Judgment Awarding $9.6 Million in Favor of Condominium Association against Developer and General Contractor for Construction Defects](https://www.ansalaw.com/florida-court-of-appeal-affirms-judgment/) - The First District Court of Appeal for the State of Florida affirmed a final judgment in favor of a condominium association regarding various construction defects, including but not limited to defective stucco. The condominium association sued both the developer and the general contractor and, following a jury trial, final judgment was entered in favor of
- [James Gordon Accepted into American Board of Trial Advocates (ABOTA)](https://www.ansalaw.com/james-gordon-accepted-into-american-board-of-trial-advocates-abota/) - James Gordon, the Managing Partner of Ansa Assuncao LLP’s Columbus, Ohio office, has been accepted into the American Board of Trial Advocates (ABOTA). ABOTA dedicates itself to the preservation and promotion of the Seventh Amendment, which guarantees the right to civil jury trials. Members in this prestigious invitation-only group must have tried a minimum of
- [Florida Supreme Court Rejects Daubert Standard For Review Of Expert Testimony](https://www.ansalaw.com/florida-supreme-court-rejects-daubert-standard-for-review-of-expert-testimony/) - The Florida Supreme Court recently issued an opinion rejecting the Daubert standard and holding that the Frye standard shall apply to the admissibility of expert testimony in Florida State Courts. See Delisle v. Crane Co., 2018 WL 5075302, 43 Fla. L. Weekly S459a (Fla. Oct. 15, 2018). This significant ruling does not affect Federal Courts
- [Ansa Assuncao wins directed verdict for Yamaha in personal watercraft products liability litigation](https://www.ansalaw.com/ansa-assuncao-wins-directed-verdict-for-yamaha-in-personal-watercraft-products-liability-litigation/) - After a week-long jury trial in federal district court in Camden, New Jersey, a trial judge granted a directed verdict in favor of Yamaha on a significant products liability case involving a Yamaha WaveRunner. The plaintiff’s warnings expert (a former attorney with the U.S. Consumer Product Safety Commission who frequently testifies for plaintiffs regarding safety
- [Ansa Assuncao Prevails in Summary Judgment Decision Expanding Bar Against Lawsuits Brought by Drunk Drivers](https://www.ansalaw.com/ansa-assuncao-prevails-in-summary-judgment-decision-expanding-bar-against-lawsuits-brought-by-drunk-drivers/) - In a decision expanding New Jersey’s statutory bar against civil actions brought by drunk drivers, the Superior Court granted summary judgment in favor of United Parcel Service, Inc. and its driver. The Court held that a statute preventing individuals convicted of driving while intoxicated (DWI) from recovering in lawsuits also applied to a plaintiff who
- [Ansa Assuncao Wins Insurance Coverage Appeal in the Appellate Court of Illinois](https://www.ansalaw.com/ansa-assuncao-wins-insurance-coverage-appeal-in-the-appellate-court-of-illinois/) - In an interlocutory appeal decided May 15, 2018, the Appellate Court of Illinois, First District, affirmed the Cook County Circuit Court’s grant of summary judgment to client KONE Inc., declaring that CGL policies with self-insured retentions (SIR) purchased by a KONE predecessor company afforded primary, not excess, insurance coverage. Steven Gooby of Ansa Assuncao’s East
- [Jim Gordon Delivers Gifts to Families in Need](https://www.ansalaw.com/jim-gordon-delivers-gifts-to-families-in-need/) - In celebration of the holiday season, Jim Gordon serves the Columbus community delivering Christmas gifts to the homes of Columbus, Ohio families in need. If you are interested in volunteering next year, you can contact Jim or sponsor a family of your own by contacting Cynthia M. Newberry at The Community of Holy Rosary &
- [Jim Gordon Presents a CLE Webinar, "The Honest Broker: Practical Guidance for Preparing Witnesses, Answering Written Discovery"](https://www.ansalaw.com/the-honest-broker-practical-guidance-for-preparing-witnesses-answering-written-discovery/) - In the webinar “The Honest Broker: Practical Guidance for Preparing Witnesses, Answering Written Discovery,” Jim Gordon outlines his approach to preparing witnesses for deposition and responding to written discovery. His presentation emphasizes keeping an eye toward trial, avoiding discovery disputes and the power of credibility in high stakes litigation. This 1 credit CLE is available
- [Jim Gordon Serves as Guest Speaker at DRI’s Wisconsin Defense Counsel Annual Conference](https://www.ansalaw.com/jim-gordon-serves-as-guest-speaker-at-dris-wisconsin-defense-counsel-annual-conference/) - Jim Gordon served as a guest speaker at DRI’s 2017 Wisconsin Defense Counsel Annual Conference in Wisconsin Dells. Jim’s program, “Practical Evidence: Simplification, Interconnection, and Application of Evidentiary Rules at Trial,” shared his practical approach to enhancing a trial lawyer’s comfort level with the Rules of Evidence in the dynamic trial environment. Through the logical
- [Florida Non-Competes:  State Supreme Court Holds That Home Health Service Referral Sources May Be Protected Business Interests](https://www.ansalaw.com/florida-non-competes-state-supreme-court-holds-that-home-health-service-referral-sources-may-be-protected-business-interests/) - The Florida Supreme Court recently issued an opinion regarding non-competition agreements that is directly applicable to health care businesses, but the opinion will also affect many different industries. See White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC, 2017 WL 4053930, 42 Fla. L. Weekly S803a, Case Nos. SC16-28 and SC16-400 (Fla. Sept. 14,
- [Michael Bonner Named to Irish Legal 100’s Rising Stars](https://www.ansalaw.com/michael-bonner-named-to-irish-legal-100s-rising-stars/) - Ansa Assuncao is pleased to announce that Michael Bonner, an attorney in the firm’s Philadelphia, Pennsylvania office, has been named to the 2017 Irish Legal 100’s Rising Stars, a listing of distinguished legal professionals of Irish descent from across the United States. Founded in 2008 by the New York-based newspaper, The Irish Voice, the Irish
- [Florida Non-Competes:  Appellate Court Overturns Trial Court’s Denial of Preliminary Injunction Because Trial Court Failed to Properly Apply Rebuttable Presumption of Irreparable Harm](https://www.ansalaw.com/florida-non-competes-appellate-court-overturns-trial-courts-denial-of-preliminary-injunction-because-trial-court-failed-to-properly-apply-rebuttable-presumption-of-irreparable-harm/) - Florida statutory and case law is clear that, in order to avoid the imposition of preliminary injunctive relief, a former employee who is violating his or her non-compete must rebut the evidentiary presumption in favor of the former employer regarding the existence of irreparable harm. This burden-shifting mechanism, which generally applies when the former employer
- [Florida District Court of Appeal Requires Evidentiary Hearing to  Determine Amount of Bond for Injunction Enforcing Non-Compete Agreement](https://www.ansalaw.com/florida-district-court-of-appeal-requires-evidentiary-hearing-to-determine-amount-of-bond-for-injunction-enforcing-non-compete-agreement/) - In an employment and business litigation case involving a temporary injunction against a former employee who signed a non-compete agreement, the trial court entered an Order for Temporary Injunction in favor of the employer that prohibited the former employee from working as a sales representative in a defined geographical area, from utilizing any confidential information
- [Florida District Court of Appeal Declines to  Enforce Venue Selection Provision of Contract](https://www.ansalaw.com/florida-district-court-of-appeal-declines-to-enforce-venue-selection-provision-of-contract/) - In a contract litigation case involving a venue selection provision, the trial court concluded the provision was enforceable and transferred the action to a different Circuit Court within the State of Florida. On appeal the Fifth District Court of Appeal of Florida concluded the venue provision was merely permissive and not mandatory, because the parties
- [Matt Meyer Quoted in Tech News World Article](https://www.ansalaw.com/matt-meyer-quoted-in-tech-news-world-article/) - Ansa Assuncao, LLP partner, Matt Meyer was quoted in the Tech News World article, "The Law and Your Robot Chauffer." The article can be found here.
- [Does Your Settlement Agreement Allow for the Automatic Entry of Final Judgement Upon Default?](https://www.ansalaw.com/does-your-settlement-agreement-allow-for-the-automatic-entry-of-final-judgement-upon-default/) - A Florida appellate court reminds us that such terms are enforceable only if the movant has strictly complies with any notice requirements. It is a common technique utilized in settlement agreements: the automatic entry of a final judgment for a specified amount in the event the defendant defaults on its payment obligations. These are commonly
- [Florida Appellate Court Provides rare Affirmance of Summary Judgement in Negligence Case](https://www.ansalaw.com/florida-appellate-court-provides-rare-affirmance-of-summary-judgement-in-negligence-case/) - A recent Florida appellate decision supplied rare support for a trial court's grant of summary judgment to a defendant in an auto negligence case. Because of the heightened standard applicable to summary judgment proceedings in Florida state courts, the result of the appellate decision is noteworthy. In Panzera v. O'Neal, 40 Fla. L. Weekly D2661a
- [Florida Court Of Appeal Applies  Statute Of Repose To Construction Defect Claim](https://www.ansalaw.com/florida-court-of-appeal-applies-statute-of-repose-to-construction-defect-claim/) - A recent Florida appellate decision determined that Florida’s statute of repose applicable to construction claims begins to run upon “completion of the contract” and that “completion of the contract” means when the final payment is made, not when the contractor completes its work. At issue was the language of section 95.11(3)(c), Florida Statutes, which states:
- [Florida LLCs: When Can  One Member Directly Sue Another?](https://www.ansalaw.com/florida-llcs-when-can-one-member-directly-sue-another/) - A recent Florida appellate decision highlights the uncertainty regarding what test applies to whether a claim brought among members of a limited liability company is direct or derivative, but the Florida legislature offers some clarification. In Dinuro Investments, LLC v. Camacho, 141 So. 3d 731 (Fla. 3d DCA 2014), Florida’s Third District Court of Appeal
- [Broker Listing Agreement That References Retained Deposits Construed By Florida Appellate Court As “Fund” From Which Broker Fees Should Have Been Paid](https://www.ansalaw.com/broker-listing-agreement-that-references-retained-deposits-construed-by-florida-appellate-court-as-fund-from-which-broker-fees-should-have-been-paid/) - In addition to general language regarding the amount of fees owed to a listing broker, and when those fees should be paid, listing brokers should also consider including language that requires the owner of the subject property to pay the fees from any “fund” that might exist as a result of the structure of the
- [What’s an “Ostentatious” Outdoor Light System? Florida District Court of Appeal Says the Homeowners’ Association May Objectively Answer That Question](https://www.ansalaw.com/whats-an-ostentatious-outdoor-light-system-florida-district-court-of-appeal-says-the-homeowners-association-may-objectively-answer-that-question/) - In a broker commission case, the trial court enforced a written commission agreement and determined the broker was entitled to its fee, despite the fact that the broker stopped marketing the property and ceased communications with the ultimate buyer three years before the sale was actually negotiated between the buyer and seller of the property.
- [Florida Class Actions: Can a Defendant “Pick Off” and Thereby Moot a Plaintiff’s Class Action Claims?](https://www.ansalaw.com/florida-class-actions-can-a-defendant-pick-off-and-thereby-moot-a-plaintiffs-class-action-claims/) - A recent Florida appellate decision determined that a Florida health care provider effectively "picked off" (or mooted) a plaintiff’s damages claims that had been asserted pursuant to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), but did not moot the non- damages claims under FDUTPA such as declaratory and injunctive relief. In Ahearn v.
- [Ansa Assuncao website voted 2017 Horizon Interactive Awards Gold Winner!](https://www.ansalaw.com/ansa-assuncao-website-voted-2017-horizon-interactive-awards-gold-winner-in-legal-services-category/) - Ansa Assuncao's website has been voted a 2017 Horizon Interactive Awards Gold Winner in the Legal Services category: https://www.horizoninteractiveawards.com/web-site-awards/2016/legal The Horizon Awards, now in their 15th year, are among the most prestigious in the field of interactive and creative media. Horizon Award Winners are selected by a panel of industry professionals who evaluate thousands
- [Missing Care in Reporting the Supreme Court's IDEA Case and Judge Gorsuch's 2008 Ruling](https://www.ansalaw.com/missing-care-in-reporting-the-supreme-courts-idea-case-and-judge-gorsuchs-2008-ruling/) - Perhaps now that Judge Gorsuch has become Justice Gorsuch, we can look at how journalists and legal analysts failed to competently report on the Supreme Court's opinion in Endrew F. v. Douglas County School District, No. 15-827 (March 22, 2017). In Endrew, the Supreme Court reversed the standard used by the Tenth Circuit U.S. Court of
- [Marissa Vitolo Joins Ansa Assuncao at the Firm’s New York Office](https://www.ansalaw.com/marissa-vitolo-joins-ansa-assuncao-at-the-firms-new-york-office/) - Marissa Vitolo has joined Ansa Assuncao as an Associate after completing a one-year judicial clerkship with the trial court judges in the Connecticut Superior Court in Danbury. She earned her J.D. from Washington University in St. Louis School of Law in 2015 where she was the Associate Managing Editor for the Washington University Global Studies
- [Daniel Ansa of Ansa Assuncao LLP Presents to Oldcastle Materials Group](https://www.ansalaw.com/daniel-ansa-of-ansa-assuncao-llp-presents-to-oldcastle-materials-group/) - On October 16, 2012, Daniel Ansa made a presentation to Oldcastle Materials Group's management personnel in Des Moines, Iowa regarding catastrophic loss, accident reconstruction investigation, and trial strategies. Oldcastle Materials is a leading vertically integrated supplier of aggregates, asphalt, ready mixed concrete, and construction and paving services in the United States.
- [Michael O'Neill of Ansa Assuncao LLP Discusses Jerry Sandusky Trial on NBC News](https://www.ansalaw.com/michael-oneill-of-ansa-assuncao-llp-discusses-jerry-sandusky-trial-on-nbc-news/) - Mr. O'Neill, resident in Ansa Assuncao LLP's Philadelphia office, appeared on NBC Philadelphia (Channel 10) to discuss issues related to the jury selection process in the Jerry Sandusky trial. The interview content is available here: http://www.nbcphiladelphia.com/video/#!/on-air/as-seen-on/Jurys-Impact-on-Sandusky-Trial/157642305.
- [Ansa Assuncao LLP Partner Selected as Top Rated Lawyer in New York](https://www.ansalaw.com/ansa-assuncao-llp-partner-selected-as-top-rated-lawyer-in-new-york/) - Robert Assuncao, a founding partner of Ansa Assuncao LLP, has received the distinguished honor of being selected as one of New York's Top Rated Lawyers by the publication issued by ALM Media and Martindale-Hubbell.
- [Wall Street Journal, Noticias (Argentina) and Liberation (France) Interview Ansa Assuncao Senior Counsel on Argentina Debt-Dispute Judge](https://www.ansalaw.com/wall-street-journal-noticias-argentina-and-liberation-france-interview-ansa-assuncao-senior-counsel-on-argentina-debt-dispute-judge/) - Arthur Fergenson, senior counsel to the Firm, was law clerk in his first year on the Bench to Thomas P. Griesa, United States District Judge for the Southern District of New York. Judge Griesa is presiding over the dispute between Argentina and certain holders of its debt who chose not to accept a deal offered
- [Christopher Lucca Joins Ansa Assuncao at the Firm’s Philadelphia Office](https://www.ansalaw.com/christopher-lucca-joins-ansa-assuncao-at-the-firms-philadelphia-office/) - Christopher Lucca joined Ansa Assuncao in August of 2015 after completing a two-year judicial clerkship with the Honorable Eduardo C. Robreno of the USDC for the Eastern District of Pennsylvania. He earned his J.D. from Villanova University School of Law in 2013 where he was an Associate Editor for the Villanova Environmental Law Journal. Mr.
- [Ansa Assuncao LLP Presented with Significant Accomplishment Award](https://www.ansalaw.com/ansa-assuncao-llp-presented-with-significant-accomplishment-award/) - An international transportation company client has awarded its Significant Accomplishments Award for 2011 to Ansa Assuncao LLP. The award, which is truly an honor, is bestowed upon law firms who deliver outstanding services and achieve extraordinary results for the company. Ansa Assuncao LLP serves as national trial counsel for the company.
- [Ansa Assuncao, LLP Opens New Columbus, Ohio Office](https://www.ansalaw.com/ansa-assuncao-llp-opens-new-columbus-ohio-office/) - We are proud to announce the recent opening of our Columbus, Ohio office. Located at Two Miranova Place, Suite 300, Columbus, Ohio, we are easily accessible from I-270 and are in close proximity to Port Columbus International Airport. Our Columbus office is managed by Jim Gordon, previously the managing partner of our Philadelphia office location.
- [Matthew J. Meyer of Ansa Assuncao LLP Presents on Non-Competition Agreements](https://www.ansalaw.com/matthew-j-meyer-of-ansa-assuncao-llp-presents-on-non-competition-agreements/) - On March 25, 2015, Matthew J. Meyer of the Tampa office of Ansa Assuncao LLP presented to the Hillsborough County Bar Association, Corporate Counsel Section, on the subject of When, Where and How to Enforce Non-Competition and Confidentiality Agreements Against Former Employees: Practical Considerations and Best Practices. Mr. Meyer regularly assists business clients with issues related
- [Ken Burden joined Ansa Assuncao in November as an Associate in the New Jersey office, licensed to practice law in New Jersey and Pennsylvania](https://www.ansalaw.com/ken-burden-joined-ansa-assuncao-in-november-as-an-associate-in-the-new-jersey-office-licensed-to-practice-law-in-new-jersey-and-pennsylvania/) - Ken Burden joined Ansa Assuncao in November as an Associate in the New Jersey office, licensed to practice law in New Jersey and Pennsylvania. His past experience includes working as a Deputy Attorney General in the Appellate Bureau of the New Jersey Office of the Attorney General and clerking for the Honorable Joseph F. Lisa,
- [Ansa Assuncao LLP is pleased to announce the promotion of Roman T. Galas to partner](https://www.ansalaw.com/ansa-assuncao-llp-is-pleased-to-announce-the-promotion-of-roman-t-galas-to-partner/) - Ansa Assuncao LLP is pleased to announce the promotion of Roman T. Galas to partner. Mr. Galas served as a judicial clerk for Magistrate Judge David R. Strawbridge, Eastern District Pennsylvania. He joined the firm in 2009. Mr. Galas maintains a national litigation practice, focusing on commercial/business law and complex tort actions on behalf of
- [David Gonzalez Joins Ansa Assuncao at the Firm’s New Jersey Office](https://www.ansalaw.com/david-gonzalez-joins-ansa-assuncao-at-the-firms-new-jersey-office/) - David Gonzalez has joined Ansa Assuncao as an Associate after completing a one-year judicial clerkship with the Honorable Michael A. Toto, J.S.C. of the New Jersey Superior Court. He earned his J.D. from Rutgers School of Law – Newark where he was a Senior Editor for the Rutgers Race & The Law Review and a
- [Using Bankruptcy Filings To (Es)stop A Plaintiff in His Tracks](https://www.ansalaw.com/using-bankruptcy-filings-to-esstop-a-plaintiff-in-his-tracks/) - As a transportation defense lawyer, one of the last things you want to read about is “bankruptcy.” Your eyes might have already glossed over at the very mention of the word. We urge you to plug through and tune in. Your plaintiff’s disclosures in his bankruptcy proceedings, made under oath and penalty of perjury, may
- [Florida District Court of Appeal Determines Real Estate Broker Abandoned Commission Agreement](https://www.ansalaw.com/florida-district-court-of-appeal-determines-real-estate-broker-abandoned-commission-agreement/) - In a broker commission case, the trial court enforced a written commission agreement and determined the broker was entitled to its fee, despite the fact that the broker stopped marketing the property and ceased communications with the ultimate buyer three years before the sale was actually negotiated between the buyer and seller of the property.
- [Alternative Fee Arrangements Effective & Efficient](https://www.ansalaw.com/alternative-fee-arrangements-effective-efficient/) - The Hillsborough County Bar Association Tampa, Florida | November 2010 VOL. 21, NO. 2 Corporate Counsel Section Chairs: Nicole D. Strothman, Ideal Image Development Inc.; Stanley K. Kinnett, Brown & Brown; and A. Courtney Cox, WeHoare Health Plans Inc. Often times a disconnect exists between lawyers and clients regarding the value of legal services provided.
- [Arthur Fergenson of Ansa Assuncao LLP Publishes Article in the ABA's Business Law Today](https://www.ansalaw.com/arthur-fergenson-of-ansa-assuncao-llp-publishes-article-in-the-abas-business-law-today/) - Mr. Fergenson, resident in Ansa Assuncao LLP's Maryland office, has published an article, entitled When Judges Attack: A Cautionary Tale of Lawyer Error in Two Cases, with the American Bar Association's Business Law Today online resource. The article discusses two recent decisions by the Seventh Circuit Court of Appeal that reflect different reactions to lawyer error.
- [Keeping Current: When Judges Attack: A Cautionary Tale of Lawyer Error in Two Cases](https://www.ansalaw.com/keeping-current-when-judges-attack-a-cautionary-tale-of-lawyer-error-in-two-cases/) - Two recent Seventh Circuit decisions, both written by its chief judge, illustrate how courts react to lawyer error. The usual course, followed in one case, is to forgive and forget. But a court is less likely to be in a forgiving mood, as demonstrated in the other case, when (1) as a result of attorney
- [Ansa Assuncao LLP Named 2012 Class Action Law Firm of the Year by Acquisition International](https://www.ansalaw.com/ansa-assuncao-llp-named-2012-class-action-law-firm-of-the-year-by-acquisition-international/) - Acquisition International has named Ansa Assuncao LLP as the 2012 Class Action Law Firm of the Year –Florida. Acquisition International, which recognizes excellence in the international marketplace, provided the award based upon votes cast by its subscribers and its industry partners.
- [Ansa Assuncao LLP Presented with Certificate of Appreciation for Pro Bono Service](https://www.ansalaw.com/ansa-assuncao-llp-presented-with-certificate-of-appreciation-for-pro-bono-service/) - The United States District Court for the Eastern District of Pennsylvania has presented a Certificate of Appreciation to Ansa Assuncao LLP for its service and participation on the Prisoner Pro Se Civil Rights Panel. The certificate recognizes the firm's participation in the efforts of Judges to facilitate legal representation of pro se litigations engaged in
- [Roman Galas of Ansa Assuncao LLP Honored as Fast Track Attorney in Pennsylvania](https://www.ansalaw.com/roman-galas-of-ansa-assuncao-llp-honored-as-fast-track-attorney-in-pennsylvania/) - Mr. Galas, resident in Ansa Assuncao LLP's Philadelphia office, has been named as one of just 35 Lawyers on the Fast Track in 2012 in Pennsylvania. With the help of editorial staff of The Legal Intelligencer, a group of seven evaluation panelists from across Pennsylvania selected Mr. Galas over hundreds of nominees as a future
- [Ansa Assuncao, LLP Designated as Special Counsel to the State of New Jersey](https://www.ansalaw.com/ansa-assuncao-llp-designated-as-special-counsel-to-the-state-of-new-jersey/) - On February 18, 2013, the State of New Jersey, Office of the Attorney General, designated Ansa Assuncao, LLP as special litigation counsel, thereby approving the firm’s New Jersey attorneys to represent the State, its agencies, and employees in complex litigation matters.
- [Ansa Assuncao LLP Named 2012 Risk Management Law Firm of the Year by Acquisition International](https://www.ansalaw.com/ansa-assuncao-llp-named-2012-risk-management-law-firm-of-the-year-by-acquisition-international/) - Acquisition International has named Ansa Assuncao LLP as the 2012 New Jersey Risk Management Law Firm of the Year. Acquisition International, which recognizes excellence in the international marketplace, provided the award based upon votes cast by its subscribers and industry partners.
- [Steven F. Gooby of Ansa Assuncao, LLP Quoted in BNA Article Regarding Personal Jurisdiction](https://www.ansalaw.com/steven-f-gooby-of-ansa-assuncao-llp-quoted-in-bna-article-regarding-personal-jurisdiction/) - On March 18, 2013, Steven F. Gooby, partner with Ansa Assuncao LLP, was quoted by Bloomberg BNA’s Product Safety & Liability Reporter in an article regarding personal jurisdiction and the stream of commerce theory, as addressed by the United States Supreme Court in J. McIntyre Machinery Ltd. v. Nicastro, 131 S. Ct. 2780 (2011). Mr.
- [Ansa Assuncao LLP Selected as Legal Leader in New Jersey Litigation, Appellate Work, and Class Actions](https://www.ansalaw.com/ansa-assuncao-llp-selected-as-legal-leader-in-new-jersey-litigation-appellate-work-and-class-actions/) - Robert Assuncao, a founding partner of Ansa Assuncao LLP, and the law firm have received the distinguished honor of being selected as Legal Leaders in New Jersey in the areas of Litigation, Appellate Work, and Class Actions by the publication issued by ALM Media and Martindale-Hubbell. More information is available at the following link: http://www.law.com/jsp/law/ads.jsp?p=newjersey_reprints
- [Jeremy Kopp joined Ansa Assuncao in October as an Associate in the Ohio office](https://www.ansalaw.com/jeremy-kopp-joined-ansa-assuncao-in-october-as-an-associate-in-the-ohio-office/) - Jeremy Kopp joined Ansa Assuncao in October as an Associate in the Ohio office. A recent graduate of Capital University Law School, he is licensed to practice law in Ohio. He holds a Bachelor of Science degree in Business Administration, cum laude, from The Ohio State University.

## Pages

- [Homepage](https://www.ansalaw.com/) - Agile. Creative. Efficient. Ansa Assuncao LLP is a boutique, business litigation law firm that focuses on representing businesses in high-value business and personal injury litigation. Learn More
- [Contact Us](https://www.ansalaw.com/contact-us/) - With four offices in Pennsylvania, New York, New Jersey, and Maryland, and access to our network of local attorneys nationwide, we can handle the challenging legal issues confronting your business in an immediate, consistent and effective manner throughout the United States. Please e-mail us at information@ansalaw.com or call any of our office locations listed
- [Firm Overview](https://www.ansalaw.com/firm-overview/) - Ansa Assuncao LLP is a boutique law firm that advises and advocates on behalf of clients across the country. We measure our success by the relationships we build with our clients and the results we achieve for them. We learn our clients’ businesses and objectives, and use this knowledge to develop effective strategies to
- [Our Team](https://www.ansalaw.com/team/) - Ansa Assuncao lawyers include nationally recognized trial and appellate practitioners, former prosecutors, a JAG officer, and former judicial clerks for state and federal trial and appellate courts.
- [Responsibility](https://www.ansalaw.com/firm-overview/responsibility/) - Pro Bono & Community Involvement We believe in being part of the community. This means getting involved and using our skills to advance the greater good. Our lawyers' pro bono work and other civic contributions have included the representation of parents in international Hague Convention child abduction cases, women who have suffered abuse, families who
- [Our Story](https://www.ansalaw.com/firm-overview/our-story/) - Ansa Assuncao LLP was founded in 2009 by a team of lawyers who left one of the World’s largest and most respected law firms to create something different: a boutique litigation firm with a national practice. We were convinced that a smaller, more agile firm could provide exceptional service to businesses and individuals facing
- [Who We Are](https://www.ansalaw.com/firm-overview/who-we-are/) - We are a group of seasoned trial attorneys and business counselors. Advocates We are trial and appellate advocates. We handle critical and sensitive litigation on behalf of corporations, organizations and individuals in virtually every jurisdiction in the nation. We have tried cases in more than 30 jurisdictions, and argued appeals before the United States
- [COVID-19 Team Leaders](https://www.ansalaw.com/covid-19-resources/covid-19-team-leaders/) - Our regional team leaders provide personalized recommendations and will partner you with the right firm resources. Northeast Mid Atlantic South
- [COVID-19 Resources](https://www.ansalaw.com/covid-19-resources/) - The Ansa Assuncao COVID-19 Response Team is advising clients on a wide-range of legal issues, operational concerns, and implications arising from the coronavirus disease 2019 (COVID-19) pandemic. Our attorneys are fielding inquiries and providing advice in a wide range of areas, including: Contract / Commercial Litigation Employment Healthcare Insurance Premises Liability Products Liability and
- [Practice Areas](https://www.ansalaw.com/practice-area/) - Ansa Assuncao is a boutique litigation firm which provides advocacy and advisory services in more than a dozen major practice areas. Litigation We are seasoned trial and appellate lawyers with a deep understanding of courtroom advocacy. We also have extensive experience in arbitrations and other ADR forums. Our practice focuses on both commercial and personal
- [COVID-19 News](https://www.ansalaw.com/covid-19-resources/covid-19-news/) - These additional publications provide information and guidance specific to the COVID-19 pandemic. Liability Shield Is Next Coronavirus Aid Battle in Congress The Wall Street Journal / May 5, 2020 Coronavirus (COVID-19): Small Business Guidance & Loan Resources U.S. Small Business Administration /ongoing How the Treasury Department is Taking Action U.S. Department of Treasury
- [COVID-19 Team Insights](https://www.ansalaw.com/covid-19-resources/covid-19-insights/) - Win the Moment. Lead the New Normal.
- [COVID-19 Response Team](https://www.ansalaw.com/covid-19-resources/covid-19-response-team/) - Our lawyers solve problems with experience and execution.
- [Legal Information](https://www.ansalaw.com/legal-information/) - This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information and the choices you have with respect to your personal information. What personal information is collected through
- [Client Resources](https://www.ansalaw.com/client-resources/) - Ansa Assuncao Intranet Login Send Us a Document
- [Sitemap](https://www.ansalaw.com/sitemap/)

## Office

- [New Jersey](https://www.ansalaw.com/office/new-jersey/) - 51 John F. Kennedy Parkway 1st Floor West, Suite 109 Short Hills, New Jersey 07078
- [Pennsylvania](https://www.ansalaw.com/office/pennsylvania/) - 1255 Drummers Lane Suite 300 Wayne, PA 19087
- [Maryland / D.C.](https://www.ansalaw.com/office/maryland-d-c/) - 5850 Waterloo Road, Suite 140 Columbia, Maryland 21045
- [New York](https://www.ansalaw.com/office/new-york/) - 707 Westchester Avenue Suite 309 White Plains, NY 10604

## Team

- [Heather Russell](https://www.ansalaw.com/team/heather-russell/)
- [Kathryn V. Chandless](https://www.ansalaw.com/team/kathryn-v-chandless/)
- [Kylie A. Zentz](https://www.ansalaw.com/team/kylie-a-zentz/)
- [Scott C. Rosentrater](https://www.ansalaw.com/team/scott-c-rosentrater/)
- [Ryan R. Corkery](https://www.ansalaw.com/team/ryan-r-corkery/)
- [O. Daniel Ansa](https://www.ansalaw.com/team/o-daniel-ansa-esq/)
- [Jennifer Ann Wright](https://www.ansalaw.com/team/jennifer-wright/)
- [Arthur F. Fergenson](https://www.ansalaw.com/team/arthur-f-fergenson/)
- [Robert A. Assuncao](https://www.ansalaw.com/team/robert-a-assuncao/)
- [Steven F. Gooby](https://www.ansalaw.com/team/steven-f-gooby/)
- [Jake P. Glancy](https://www.ansalaw.com/team/jake-p-glancy/)
- [Patrick D. MacAvoy](https://www.ansalaw.com/team/patrick-d-macavoy/)
- [Kerri E. Hanshaw](https://www.ansalaw.com/team/kerri-e-hanshaw/)
- [Kerstin Reiss](https://www.ansalaw.com/team/kerstin-reiss/)
- [Jill Branin](https://www.ansalaw.com/team/jill-branin/)
- [Maria A. Blair](https://www.ansalaw.com/team/maria-a-blair/)
- [Randall J. Wright](https://www.ansalaw.com/team/randall-j-wright/)
- [Kristen Caldwell](https://www.ansalaw.com/team/kristen-caldwell/)
- [Ansa Assuncao LLP](https://www.ansalaw.com/team/ansa-assuncao/)

## Practice Areas

- [National Trial Counsel](https://www.ansalaw.com/practice-area/national-trial-counsel/) - Ansa Assuncao’s Differentiated Approach When a serious accident occurs, our clients rely upon us to dispatch both legal counsel and investigation experts directly to the scene within hours, not days or weeks. Time is of the essence when investigating catastrophic accidents. Without experienced legal counsel and qualified investigators, evidence can be lost or destroyed, critical
- [Representing Injured Victims](https://www.ansalaw.com/practice-area/personal-injury-litigation/) - Ansa Assuncao’s team helps injured persons and their families seek compensation and justice from wrongdoers. Ansa Assuncao’s team is uniquely aware of the high stakes, and deeply personal and emotional nature, of accidents that result in bodily harm, mental anguish, and/or death. With a team of attorneys and paralegals who share decades of collective experience
- [Class Actions](https://www.ansalaw.com/practice-area/class-actions/) - We defend manufacturers and other companies in class action lawsuits involving consumer products, services, and telemarketing. Class actions and collective actions are pervasive in this country, and even specious cases present a real threat of significant economic harm to companies faced with such lawsuits. Class actions tend to involve large numbers of claimants, allege conduct
- [Commercial Litigation](https://www.ansalaw.com/practice-area/commercial-litigation/) - Ansa Assuncao attorneys handle a wide-variety of business disputes. We prosecute and defend complex commercial litigation in federal and state courts throughout the country. We also excel in creatively resolving less complex, but equally important, disputes our clients periodically face with their customers and business partners, while striving to keep the business relationships intact. Business
- [Products Liability / Toxic Torts](https://www.ansalaw.com/practice-area/products-liability-and-toxic-torts/) - Ansa Assuncao attorneys serve as national litigation and trial counsel for a number of global business organizations engaged in the manufacture of consumer and commercial products. We have significant experience representing businesses that have been sued for alleged product defects. The industries we have served include manufacturers or sellers of: Consumer technology products such as
- [Insurance Coverage](https://www.ansalaw.com/practice-area/insurance-coverage/) - Ansa Assuncao represents insurers and reinsurers in complex insurance coverage arbitrations and litigation, bad faith claims and other insurance-related disputes. Our attorneys have extensive trial and appellate experience litigating these claims in state and federal courts across the country. Our understanding of the insurance industry also allows us to advise and counsel clients in other
- [Employment Disputes](https://www.ansalaw.com/practice-area/employment-disputes/) - Ansa Assuncao attorneys handle workplace disputes throughout the country on behalf of employers, including claims of discrimination, sexual harassment, defamation, breach of non-compete agreements and wrongful discharge. We defend our clients during the governmental investigative and administrative processes and civil litigation. We have experience defending corporate and institutional clients facing civil liability for the alleged
- [Construction Litigation](https://www.ansalaw.com/practice-area/construction-litigation/) - Ansa Assuncao attorneys have successfully represented clients in dealing with an array of sophisticated construction-related claims, including disputes with general contractors, subcontractors, owners or others related to timely or sufficient completion of a project, as well as construction-related bodily injury and death cases. We also advise our clients concerning their business operations and planning. Some
- [Business Counseling](https://www.ansalaw.com/practice-area/business-counseling/) - Ansa Assuncao provides a broad array of strategic business counseling and risk management services for legal issues confronting small and medium sized businesses. We develop close relationships with our clients through detailed review, analysis, and extensive communication in order to understand our clients’ goals and legal needs. We use our extensive litigation experience and negotiation
- [Transportation Litigation](https://www.ansalaw.com/practice-area/transportation-litigation/) - Ansa Assuncao represents transportation industry clients throughout the United States, including claims brought against motor vehicle transportation, logistics, and vertical transportation companies. We handle both personal injury and business litigation claims on behalf of our clients, which include world leaders in the transportation and logistics business. Our primary transportation-related practice areas include: Trucking Defense Private

## Categories

- [Uncategorized](https://www.ansalaw.com/category/uncategorized/)
- [Featured Homepage](https://www.ansalaw.com/category/featured_footer/)
- [Featured Landing](https://www.ansalaw.com/category/featured_landing/)
- [Firm News & Events](https://www.ansalaw.com/category/firm-news-events/)
- [Articles](https://www.ansalaw.com/category/articles/)
- [Cases of Interest](https://www.ansalaw.com/category/cases-of-interest/)
- [COVID-19](https://www.ansalaw.com/category/covid-19/)
- [Team Only](https://www.ansalaw.com/category/team-only/)

## Tags

- [Class Actions](https://www.ansalaw.com/tag/class-actions/)
- [Employment Disputes](https://www.ansalaw.com/tag/employment-disputes/)
- [Insurance Coverage](https://www.ansalaw.com/tag/insurance-coverage/)
- [Commercial Litigation](https://www.ansalaw.com/tag/commercial-litigation/)
- [Construction Litigation](https://www.ansalaw.com/tag/construction-litigation/)
- [Personal Injury Litigation](https://www.ansalaw.com/tag/personal-injury-litigation/)
- [Products Liability and Toxic Torts](https://www.ansalaw.com/tag/products-liability-and-toxic-torts/)
- [Real Estate Litigation](https://www.ansalaw.com/tag/real-estate-litigation/)
- [Transportation Litigation](https://www.ansalaw.com/tag/transportation-litigation/)
- [Premises Liability](https://www.ansalaw.com/tag/premises-liability/)

## Response Team Tags

- [Contracts / Commercial Litigation](https://www.ansalaw.com/response_team/contracts-commercial-litigation/)
- [Healthcare](https://www.ansalaw.com/response_team/healthcare/)
- [Products Liability and Class Actions](https://www.ansalaw.com/response_team/products-liability-and-class-actions/)
- [Insurance](https://www.ansalaw.com/response_team/insurance/)
- [Trade Practices / Price Gouging Investigation](https://www.ansalaw.com/response_team/trade-practices-price-gouging-investigation/)