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By Claire B. Carter, Esq., Associate On June 6, 2018, Florida’s Fourth District Court of Appeals issued its opinion in the case of Salerno v. Del Mar Fin. Serv., LLC, 2018 WL 2716927, at *1 (Fla. 4th DCA June 6, 2018). The Court held the defendant employer not liable for the death of its employee […]

By Suzanne J DeCopain, Esq., Associate Published in FAHROgram May/June 2018 edition In 2013, HUD issued Fair Housing Equal Opportunity Notice 2013-01 to assist housing providers obligated to comply with the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act in understanding their responsibilities to individuals who […]

By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram March/April 2018 edition Over the years, many executive directors and presidents/CEOs have been faced with how to handle requests from third-party groups, like churches, to use the community facilities at housing authority complexes. Recently, on the HDLI listserv, this question came up for discussion. It was […]

By Claire B. Carter, Esq., Associate On April 9, 2018, the Ninth Circuit Court of Appeals issued its opinion in the case of Rizo v. Yovino, 2018 WL 1702982 (9th Cir. 2018), ruling that a female employee’s prior salary cannot be used to justify paying her less than a male employee. The female employee, Aileen […]

By Claire B. Carter, Esq., Associate The U.S. Supreme Court has declined to review a ruling from the 7th Circuit Appeals Court, Severson v. Heartland Woodcraft, Inc.. In Severson, an employee requested an additional two to three months of medical leave from his employer after taking 12 weeks medical leave under the Family Medical Leave […]

The U.S. Supreme Court has unanimously adopted a narrow interpretation of the “safe harbor” provision of the Bankruptcy Code relating to securities transactions, when a financial institution handles the funds. The safe harbor provision states that the Bankruptcy Trustee (or the Chapter 11 Debtor-in-Possession) cannot avoid a transfer of a “settlement payment” which is “made […]

By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram January/February 2018 edition I know, I know. You’re tired of reading about text messages being public records and having me say that the best way to deal with this issue is simply to disable text messaging altogether on your agency issued cell phones and to have […]

Some bands take the initial necessary steps to protect their band’s name by filing for trademark protection. Many, however, fail to think through the implications of a band break-up on ownership of the trademark. As a result, ownership rights to trademarks can get complicated. The United States District Court for the Middle District of Florida […]

By Tracy M. Evans, Esq. Under Florida law, housing authorities can claim limited sovereign immunity as instrumentalities of the state. Housing authorities are expressly authorized by statute to create for profit or not for profit corporate entities to develop, acquire, lease, construct, rehabilitate, manage or operate multifamily or single-family residential projects. The question of whether […]

By Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. Published in FAHROgram September/October 2017 All housing providers, both private and public, should be aware of the laws protecting the rights of the disabled, including which laws may apply to the providers’ properties. Ensuring compliance with disability rights laws can be difficult, especially when […]