Krunali Shroff, Author at SGR Law

Feb 10, 2022

Use of Signal Jammer to Prevent Employees from Using their Phones at Work Results in FCC Fine

Authored By: Marcia M. Ernst While the National Labor Relations Board (“NLRB”) previously upheld an employer policy that prohibited employee phone use at work for safety and security reasons[1], the Federal Communications Commission (“FCC”) recently upheld a fine against an employer for using a signal jamming device to prevent employees from using their phones at work.[2] Signal jammers, which overpower, block, or interfere with authorized radio frequencies and communications, are illegal under the federal Communications Act of 1934, as amended (“Act”)[3], with only a few exceptions recognized for use by the government. Jammers present a direct danger to public safety… Read more

Feb 1, 2022

SB 329 and HB 961 Introduced in the Georgia General Assembly to Address Court Ruling Barring Apportionment of Damages in Single Defendant Cases

Authored By: Marcia M. Ernst In Alston & Bird, LLP v. Hatcher Management Holdings, LLC, 862 S.E.2d 295 (Ga. 2021), the Georgia Supreme Court limited the apportionment of fault in tort cases. As reported in SGR’s Appellate Blog, the Court ruled that O.C.G.A. § 51-12-33(b) allowed the apportionment of fault among persons who are liable (parties and non-parties) only in a multi-defendant case. In other words, where a case is brought against only a single defendant, no fault can be apportioned to responsible non-parties and the defendant must pay 100 percent of the damages, less any percentage of fault attributed… Read more

Feb 1, 2022

EPA on Track to List PFAS as CERCLA, Hazardous Substances

The White House Office of Management & Budget is currently reviewing EPA’s proposal to designate two of the most common PFAS compounds (PFOA and PFOS) as “Hazardous Substances” under CERCLA. The listing effort is on track for EPA to meet its proposed March deadline for publication of a draft rule, and a final rule is expected in the summer of 2023. Once issued, the final rule will trigger a host of regulatory and litigation activities – such as release reporting, cost recovery and contribution claims. The listing is expected to trigger EPA investigations and enforcement at new Superfund sites, cause… Read more

Jan 25, 2022

There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock

Authored by: Marcia M. Ernst In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property without permission. Booting is the practice of immobilizing a vehicle until the owner pays to have the immobilization device removed. Plaintiff sued the owner-operator of a parking lot and the commercial tenants of the connected shopping center claiming negligence, premises liability, false imprisonment, conversion, and violation of the Georgia Racketeer Influenced and Corrupt Organizations Act… Read more

Jan 20, 2022

Illinois Proposes Groundwater Standard for PFAS

The State of Illinois has proposed new rules and a law to address the threat presented by “forever chemicals” per-and polyfluoroalkyl substances (PFAS). The law, which took effect January 1, prohibits the knowing manufacture, sale, distribution for sale, or distribution for use of Class B firefighting foam containing PFAS. In addition, the state has proposed a rule setting groundwater quality standards for five PFAS chemicals. The groundwater standard is stricter than the health based standard currently published by the U.S. EPA. The action by the state will lead to enforcement and cleanup actions at sites with measurable limits of PFAS… Read more

Jan 19, 2022

Deadlines for Investing 2021 Gains in Opportunity Zones

M&A activity set a new record in 2021, reaching $5.8 billion globally.[1] After such a heated year of sales, mergers, and financings, those investors who saw taxable gains must now account for the inevitable tax bills. One alternative is to roll over these otherwise taxable gains in opportunity zone funds. Opportunity zone funds (“OZ funds”) are investment vehicles created under the 2017 Tax Cuts and Jobs Act. OZ funds were created to incentivize the making of investments in distressed economic areas. Provided an OZ fund meets numerous requirements and conditions, investors can obtain two significant tax benefits. First, the cash… Read more

Jan 14, 2022

Models Obtain Default Judgment Against Club for Use of Their Photographs

Jessica Hinton, et al., Plaintiffs, vs. Completely Innocent LLC, Defendant United States District Court for the District of Arizona No. CV-21-01019-PHX-SPL Opinion issued January 7, 2022 Arizona Right of Publicity, Lanham Act false endorsement After the defendant Completely Innocent LLC dba Club Luxx failed to file an answer, the four professional model plaintiffs filed a motion in the District of Arizona on June 11, 2021 for default judgment for damages and permanent injunctive relief. The plaintiffs argued that Completely Innocent had used their images to promote the Club on the Club’s social media pages without permission and that such use… Read more

Jan 4, 2022

NYC to Ban Natural Gas in New Buildings

https://www.sgrlaw.com/statutory-changes-affecting-cooperatives-and-condominium-unit-owners/)

In a controversial move, the New York City Commission is set to approve a measure which would ban the burning of natural gas in all new buildings beginning as early as 2023. Under the proposal, buildings smaller than seven stories must rely on electricity starting at the end of 2023, and larger buildings will have an extra four years to comply. Buildings account for 68% of NYC’s greenhouse gas emissions, and most of the emissions come from the burning of natural gas. Large cities such as New York cannot meet their greenhouse gas emission reductions without banning the burning of… Read more

Dec 16, 2021

New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims

New York Governor Kathy Hochul recently signed into law Senate Bill S2766-C, which amends the New York Labor Law (NYLL) and General Business Law (GBL) in relation to actions for non-payment of wages, and importantly, creates joint and several liability between a prime contractor and a subcontractor acting at any tier for unpaid wage claims brought against the subcontractor. Specifically, S2766-C amends NYLL §198 by adding section 198-e. Section 198-e provides that a contractor will assume liability and be jointly and severally liable with a subcontractor for any debt resulting from an action brought by a wage claimant or a… Read more

Dec 7, 2021

Michigan Grants Minor Source Air Permit Despite Environmental Justice Concerns from EPA

The Michigan Department of Environment, Great Lakes & Energy (EGLE) announced on November 15 that it had approved a minor source operating permit for a hot-mix asphalt plant near Flint, Michigan. The permit faced robust opposition from the community which was noted by EGLE to be one that is in “social and economic distress.” The state approved the permit application, and simultaneously asked the EPA to conduct an independent review to advise the state as to whether or not the permit fully complies with all requirements established by federal law, including those related to environmental justice. Specially, the state asked… Read more