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Florida Supreme Court unveils a revamped summary judgment rule just in time for the May 1, 2021 effective date | Butler Weihmuller Katz Craig LLP

To embed, copy and paste the code into your website or blog: On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the summary judgment standard articulated by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), but without making substantive changes to the rule. The court made the effective date May 1, 2021, to allow for comments from the public. After receiving comments and hearing oral argument, the court issued an opinion further amending rule 1.510, to adopt the text of the federal summary judgment rule itself. The effective date of the amendments remains May 1, 2021. In making these additional amendments, the court was persuaded by the majority of the comments received that the best way to implement the

More Than Allege Willfulness to Sustain FLSA Claim

Friday, April 30, 2021 On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s (FLSA’s) extended three-year limitations period for willful violations must do more than make a blanket allegation of “willfulness” to sustain a claim at the initial pleading stage. The case,  The background facts are straightforward. Plaintiff-appellant Mark Whiteside worked for Hover-Davis as a Quality Engineer, an exempt salaried position. In January 2012, Whiteside’s duties changed, and he began performing the duties of a non-exempt Repair Organization Technician, working between 45 to 50 hours a week. Whiteside’s pay rate was not reduced when his duties changed, nor did he receive overtime compensation. After his employment terminated for economic reasons, Whiteside filed suit alleging various claims, including FLSA violations.

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Nuns ask Supreme Court to stop New York s abortion healthcare mandate

Members of the Sisterhood of Saint Mary, a group of Anglican nuns, are among several religious organizations asking the United States Supreme Court to hear their challenge against a New York state mandate requiring employers to cover abortion in their employees healthcare plans. | Becket A group of nuns and other religious organizations in New York are asking the U.S. Supreme Court to hear their case against a 2017 state mandate requiring employers to cover abortions in their employee healthcare plans.  Led by the Roman Catholic Diocese of Albany, a coalition of religious organizations filed an appeal Friday asking the nation’s high court to hear the case of

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