Jaleesa Smith, Author at SGR Law

Dec 7, 2017

“We Have a Deal” Email Established an Enforceable Settlement, and “Standard” Release Was Not a Material Term of the Settlement

In Scheinmann v. Dykstra, 2017 WL 1422972 (S.D.N.Y. Apr. 21, 2017), a New York federal court considered the issues of whether a series of emails was sufficient to establish an enforceable settlement agreement between the parties, and whether a “standard” release was part of the deal. In this lawsuit against a former Mets baseball player, Lenny Dykstra, brought by his social media manager, the federal court held that emails constituted an enforceable settlement, even without a formal settlement agreement and even though one of the parties expected a “standard” release to be part of the settlement. On March 13, 2017,… Read more

Dec 4, 2017

Supreme Court to Hear Arguments in Solar Power Dispute

The Supreme Court of the United States announced on Friday, December 1 that it would hear an Arizona utility’s appeal of a Ninth Circuit Court of Appeals decision[1] ruling that a rooftop solar company’s antitrust lawsuit against the utility may move forward. SolarCity, a wholly owned subsidiary of Tesla Motors, sued Salt River Project, a utility regulated by Arizona, over the utility’s 2015 decision to charge a fee for solar power systems operated by individuals, many of which are installed by SolarCity. In the lawsuit, SolarCity claimed that these fees were implemented to make rooftop solar systems too expensive to… Read more

Nov 29, 2017

EPA Fails to Designate Nonattainment Ozone Counties

On November 6, 2017, the United States Environmental Protection Agency (“EPA”) announced which counties in the United States currently meet the more stringent 2015 ozone standards, but failed to announce counties which do not meet the new standards. An estimated 15% of all counties in the U.S. do not meet the new ozone standards; however, without a formal designation by the EPA, states cannot begin to amend their state implementation plans (“SIPs”) for those counties to bring them into compliance with the 2015 standards. Depending upon the severity of the nonattainment, the designation could lead to new pollution control requirements… Read more

Nov 15, 2017

EPA Proposes Repeal of the Clean Power Plan

On October 16, 2017, EPA proposed repeal of the Clean Power Plan (“CPP”), more formally known as the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generating Units.” The CPP aims to reduce carbon dioxide emissions from electrical power generation by 32 percent by 2030, relative to 2005 levels, through emissions standards for fossil fuel-fired power plants and corresponding emissions goals for each state. EPA will hold a public hearing on the proposed repeal on November 28-29, 2017 in Charleston, West Virginia. On November 8, 2017, EPA extended the deadline for public comment on the proposed repeal to January… Read more

Nov 3, 2017

SCOTUS to Decide When Statute of Limitations is Tolled After Dismissal of State Law Claims Without Prejudice

“For Whom the Bell Tolls” Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the same transaction or occurrence, the federal court can hear the state law claim. However, the courts have the discretion to decline to hear the state law claim. In such a case, the state law claim is dismissed without prejudice, and… Read more

Sep 27, 2017

Service by Mail Under the Hague Service Convention

By Marcia M. Ernst[1] The United States Supreme Court recently ruled in Water Splash, Inc. v. Menon[2] that Article 10(a) of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters[3] (“Hague Service Convention”) does not prohibit service of process by mail. The Hague Service Convention is an international treaty signed by 72 countries, including the U.S.[4] It establishes a uniform mechanism for serving judicial documents on parties in other member countries and streamlines the service process so the documents reach recipients in a timely manner.[5] The Water Splash decision resolved a long-standing split… Read more

Sep 5, 2017

Should You Evacuate Your Workplace During Hurricane Irma?

During your preparations for the oncoming Hurricane Irma, you may be trying to decide whether to leave some employees in place at your facility or to evacuate the entire workforce. The question may be asked, what does the law require? Like so many other questions during an emergency, the answer likely is: “good judgment.” There are no specific OSHA regulations requiring for employees to stay or evacuate during a hurricane. OSHA does, however, require that employers provide a safe workplace and working environment for employees. During a hurricane, that may mean evacuating employees from the facility in order to keep… Read more

Aug 29, 2017

How Long Will a Civil Appeal in the Eleventh Circuit Typically Take?

Judge Grants Motion Striking Inequitable Conduct Defense

There are 13 federal appellate courts called the U.S. Courts of Appeal that sit below the U.S. Supreme Court. These courts hear appeals from 94 federal trial courts, which are called the U.S. District Courts. According to statistics from the Administrative Office of the United States Courts published in its Judicial Business 2016 report for the fiscal year ending September 30, 2016, total filings in all the U.S. Courts of Appeals climbed 15% in the last fiscal year to 60,357. The Eleventh Circuit Court of Appeals was established by Congress in 1981 and has jurisdiction over federal cases originating in… Read more

Aug 22, 2017

Georgia’s New Uniform Power of Attorney Act in Review (Part One)

Effective July 1st of this year, Georgia’s new Uniform Power of Attorney Act (“UPOAA”) applies to most written, general, financial powers of attorney. A power of attorney (“POA”) allows for one party (the “principal”) to grant authority to another party (the “attorney-in-fact” or “agent”) to act in the principal’s stead with regard to the principal’s financial matters. If an individual is no longer capable of handling his or her own financial affairs, and does not have a valid durable POA in place, it may be burdensome or impossible for another person to ensure that individual’s bills are paid and his… Read more

Aug 16, 2017

Emory University Given MVP Award in Atlanta Better Buildings Challenge

City Illustration: Atlanta Better Buildings Challenge

SGR would like to commend our good client, Emory University as they were honored by Mayor Kasim Reed and the City of Atlanta in the Atlanta Better Buildings Challenge. The Atlanta Better Buildings Challenge invited both commercial businesses and nonprofits to commit to a 20% reduction in energy and water use by the year 2020. Emory was recognized for its commitment to energy and water conservation through the 2016-2017 year achieving reductions of up to 71% in energy usage and 92% in water usage in 35 buildings on its campuses. Emory was the only college/university in the metro Atlanta region… Read more