U.S. Supreme Court Rules Against Class Action Relief in an Arbitration Contract Employees Argued was Ambiguous by Jonathan W. Macklem, Partner On April 24, 2019, the U.S. Supreme Court published its opinion in the Lamps Plus v. Varela case, where the Court determined that class actions are not an avenue for resolving disputes in arbitration … Read More
Christian & Small is pleased to announce that the Birmingham Business Journal (BBJ) has named Partner Sharon D. Stuart one of its 2019 “Best of the Bar” honorees, which “recognizes attorneys who have distinguished themselves in their fields or specific practice areas and are shaping the local economy.” As part of her “Best of the Bar” … Read More
Analysis: The Alabama Coach Safety Act by Jim Pattillo, Partner In late 2018, Alabama passed the Coach Safety Act (the “Act”) with the goal of requiring unpaid coaches and volunteers to receive training designed to reduce the likelihood of a child being injured while participating in youth sports. The Act is in response to the … Read More
Supreme Court Limits Liability for Attorneys Handling Non-Judicial Foreclosures by Jack J. Kubiszyn Jr., Partner Attorneys and law firms handling non-judicial foreclosures have been holding their breath on whether the U.S. Supreme Court would include such representation in the definition of a “debt collector” subject to the restrictions, requirements and penalties of the federal Fair Debt … Read More
Priority of Mortgage Versus Materielman’s Lien – The Alabama Supreme Court Reverses Track! by Jack J. Kubiszyn Jr., Partner On Sept. 21, 2018, the Alabama Supreme Court reached a controversial decision in GHB Construction and Development Company, Inc. v. West Alabama Bank and Trust (“GHB“). Its decision at the time held that a materialman’s lien … Read More
Christian & Small is pleased to announce that the following seven partners have been recognized by Birmingham Magazine in its 2019 “Top Attorneys” issue: Jonathan M. Hooks Rachel J. Moore Rick D. Norris Jr. James “Jim” L. Pattillo Deborah Alley Smith Daniel D. Sparks … Read More
The Family Medical Leave Act: You May Have More Eligible Employees Than You Think by David B. Walston, Partner The Family Medical Leave Act (FMLA) affords eligible employees with up to 12 weeks of unpaid leave for certain qualifying reasons – the primary being a serious health condition of the employee, or if the employee is … Read More
In a recent cyber-liability matter, Christian & Small’s Richard E. Smith secured an order in our client’s favor that denied class certification of a nationwide class of some 2,500 banks. In his extensively written opinion, the judge in the case supported the denial based on the variations in state law involving individualized questions of law … Read More
The Salary is Set: Department of Labor Issues New Salary Rule for “White Collar” Overtime Exemptions by David B. Walston, Partner The U.S. Department of Labor under the Obama Administration announced in 2016 the implementation of a rule that would increase the salary threshold for the “executive” and “administrative” exemptions from $23,660 per year to … Read More
