Month: September 2019

You Can’t Win if You Don’t Play

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09/30/2019Paul, Dustin M.

In a terse opinion, Judge Jackson dismissed the claims of the plaintiff in Mortensen v. SeaWorld Parks & Entertainment, LLC, 4:19-cv-00038.  The defendant served discovery on May 15, 2019.  But the plaintiff apparently never communicated with her attorney despite attempts on May 23, May 31, June 1, June 4, June 5, and June 10.  Hearing… Read more »

U.S. Department of Labor Increases FLSA Salary Threshold

09/27/2019Vandeventer Black

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level up from its current level of $455 per week to $684 per week ($35,568 per year for a full-year… Read more »

House Moves to Ban Employment Arbitration Agreements

09/27/2019Vandeventer Black

On September 20, 2019, the U.S. House of Representatives passed a bill to ban mandatory arbitration of employment or consumer claims. The House voted 225 to 186 in favor of the Forced Arbitration Injustice Repeal (FAIR) Act, which would make unenforceable any pre-dispute arbitration agreement that requires arbitration of an employment, consumer, antitrust, or civil… Read more »

DoD publishes final rule limiting the use of LPTA procurements effective October 1, 2019

Statue of justice

09/27/2019Vandeventer Black

Contractors have frequently been heard to complain about the government’s persistent use of “Lowest Price Technically Acceptable Procurements,” or “LPTA” as a race to the bottom in both price and quality.  While the Federal Acquisition Regulation (FAR) has provided that price may play a dominant role in source selection where “the requirement is clearly definable… Read more »

Government Adds Australia as a World Trade Organization Country

world trade organization

09/27/2019Sterling, Michael L.

If your contract includes Buy American Act (BAA) or Trade Agreement Act (TAA) requirements you need to know the approved list of source countries. On September 10, 2019, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule, FAC 2019-06; FAR… Read more »

Service on an Incompetent Man?

EDVA

09/05/2019Paul, Dustin M.

Judge Davis entered an interesting ruling, or “non-ruling” as the case may be, on August 8, 2019 in a case captioned Mid-Century Insurance Company v. Thompson,  Civ. No. 2:18cv459.  The Plaintiff was an insurance company subrogated to the interest of Dwight Mills. The suit stems from a fire that the Defendant allegedly  started with a… Read more »

Qualified Opportunity Zones: A Reciprocal Vehicle to Minimize Capital Gains

virginia employment law rules

09/04/2019Vandeventer Black

The recently adopted Qualified Opportunity Zone Program (QOZ), introduced in 2017’s Tax Cuts and Jobs Act, is emerging as a potentially significant federal economic development tool that could improve the outcomes of distressed communities throughout the United States. Through the QOZ program, investors can inject capital into government-designated, economically-depressed communities and promote long-term economic growth… Read more »

A Proposed Amendment to Rule 7.1 

EDVA

09/03/2019Paul, Dustin M.

The Advisory Committee on Civil Rules has released a proposed amendment to Rule 7.1 regarding disclosure statements filed in district courts.  The proposed modification requires parties in diversity cases to file a disclosure statement that “names—and identifies the citizenship of—every individual or entity whose citizenship is attributed to that party at the time the action… Read more »