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Blog Posts in 2017

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Warmest Wishes for the Holidays from Hyatt & Weber!

PROJECT USO ELF In lieu of internal holiday gifts, Hyatt & Weber attorneys and staff chose to contribute funds to our local USO Project Elf. Each holiday season, USO-Metro has the privilege of ...
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Court Finds Board of Directors Not Entitled to Benefit of Business Judgment Rule

In Brining v. Donavan, Civil Action No. 16-3422-BLS1, 2017 WL 4542947 (Sup. Ct. Mass. Sept. 14, 2017), a court denied a motion to dismiss filed by a corporation and, thus, denied its board of ...
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Court Holds Insurance Policy Applies to Merged Company

In BCB Bancorp, Inc. v. Progressive Casualty Insurance Co. , Civil Action No. 13-1261, 2017 WL 4155235 (D.N.J. Sept. 18, 2017), a federal district court analyzed the interplay of a directors and ...
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Court Finds Non-Compete Provision Unenforceable Based on Wage/Hour Violations

In SpaceAge Consulting Corp. v. Vizconde, No. L-1196-14, 2017 WL 4183281 (Sup. Ct. App. Div. N.J. Sept. 22, 2017), a New Jersey appellate court concluded that the non-compete provision of the contract ...
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Hyatt & Weber Holiday Party 2017

Hyatt & Weber was pleased to welcome over 200 guests to the lobby of the Severn Bank Building on Westgate Circle in Annapolis for our annual holiday celebration. Our attorneys and staff mingled ...
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Stephen Stern Presents Harnessing the Perils and Promise of Social Media for Business Growth

On December 12, impactHR welcomed Hyatt & Weber employment attorney Stephen Stern to their offices in Columbia, MD to present, "Harnessing the Perils and Promise of Social Media for Business ...
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Extended Leave of Absence Found Not a Reasonable Accommodation Under the ADA

Many employers have offered some form of extended leave to an employee as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) when that employee’s leave ...
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Employees Paid Hundreds of Thousands of Dollars Annually Eligible for Overtime Compensation under FLSA

In Pierce v. Wyndham Vacation Resorts, Inc. , No. 3:13-CV-641-CCS, 2017 WL 4480199 (E.D. Tenn. Oct. 6, 2017) the United States District Court for the Eastern District of Tennessee was asked to ...
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Hyatt & Weber Welcomes Attorney Sean Hatley

Hyatt & Weber, P.A. is pleased to welcome attorney Sean Hatley to the firm’s Civil Litigation and Business Law practice groups. As part of the Civil Litigation practice group, Sean regularly ...
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Circuit Split Over Standing in Data Breach Litigation Continues

With cyberattacks on the rise, so is data breach litigation initiated by plaintiffs who claim that they have been harmed by the exposure of their personal information. As a result, more and more ...
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Stephen Stern Presents on Insurance Claims Lifecycle Management

Join Hyatt & Weber Partner Stephen Stern in NYC on November 2-3, 2017 as he participates on a panel on Insurance Claims Lifecycle Management, presented by the New York State Bar Association ...
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Hyatt & Weber in the Community

The attorneys and staff at Hyatt & Weber have been busy out in our Annapolis and Anne Arundel County community this fall. On September 28, the Central Maryland Chamber held their annual Tour & ...
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Surgical Errors: Being Informed on Informed Consent

Before surgery, a doctor has a duty to completely inform the patient about the proposed procedure and the risks that are associated with it. “Informed Consent,” gives the patient the ...
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Risk of Identity Theft from Cyberattack Constitutes Sufficient Injury to Sustain Lawsuit

With cyberattacks seemingly happening with greater frequency, the risk of identity theft for many individuals has grown significantly. However, is the risk of identity theft (as opposed to actually ...
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Two Courts Recognize Causes of Action under State Law When an Employee is Terminated from Employment for Medicinal Use of Marijuana

With many states now authorizing individuals to use marijuana for medicinal purposes, companies are confronting situations where they must decide whether to continue employing individuals who have ...
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Fourth Circuit Analyzes What Constitutes an Equivalent Position for FMLA Purposes

In Waag v. Sotera Def. Sols., Inc. , 857 F.3d 179 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit ruled an employee who takes leave under the Family Medical Leave Act ...
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Court Finds LinkedIn Posts Likely Violated Non-Solicitation Provisions of Employment Agreement

Many court decisions have found that communications on social media did not constitute improper solicitations, but the United States District Court for the District of Minnesota recently found in ...
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Family Awarded Settlement in Tragic Medical Misdiagnosis Case

Unfortunately, many cases of medical misdiagnoses are often fought posthumously after a patient succumbs to the disease that a doctor failed to diagnose. Such a case was brought to us after a ...
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Court Invalidates Proposed Rule Raising Salary Level of Exempt Employees under FLSA

In Nevada v. United States Department of Labor, 227 F. Supp. 3d 696 (E.D. Tex. 2017), the United States District Court for the Eastern District of Texas ruled the final rule issued by the United ...
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Court Finds Invitation to Connect on LinkedIn Did Not Violate Non-Solicitation Agreement

The use of social media as a networking platform continues to be an evolving area of law as it relates to compliance with non-compete and non-solicitation agreements. In Bankers Life and Casualty ...
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Medical Diagnostic Errors: Mistake or Malpractice?

It is part of human nature to make mistakes; they happen often and to all of us. Unfortunately, sometimes our mistakes can have life-threatening effects on another person. When a doctor makes a ...
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Hyatt & Weber Sponsors Developer Panel

Hyatt & Weber was pleased to support the BWI Business Partnership's signature breakfast on September 6th with our multi-media co-sponsor, Bignell Watkins Hasser. It was a full house at the BWI ...
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When is a Facebook Friend a "Friend" Versus an "Acquaintance"?

In Law Offices of Herssein and Herssein, P.A. v. United Services Automobile Association, No. 3D17-1421, 2017 WL 3611661 (Fla, Dist. Ct. App. Aug. 23, 2017), the Third District Court of Appeal for the ...
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There is No Standing to Sue for Technical Violations of the Fair Credit Reporting Act

In Dreher v. Experian Information Solutions, Inc. , 856 F.3d 337 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit was asked to decide whether the decision of Experian ...
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Nursing Home Negligence: A Case Study

A recent Hyatt & Weber client, a disabled woman in her 50s, was admitted to the hospital for increased weakness and decreased level of functioning. She was later transferred to a nursing home for ...
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