Practice Areas

QUESTION: I THOUGHT THAT ONLY THE COMPANY COULD BE PENALIZED FOR FAIR LABOR STANDARDS ACT VIOLATIONS?

ANSWER: WHEN A TEXAS ROPE COMPANY GOT TIED UP WITH THE DEPARTMENT OF LABOR, THE OWNER, PLANT MANAGER AND OFFICE MANAGER WENT TO JAIL!

Numerous federal laws include civil liability for individuals who fail to comply with the laws.  Some federal laws even provide for individual criminal liability for company owners and managers.

Don’t let the boss rope you into breaking the law!

The U.S. Attorney’s office charged that High Performance Ropes of America, Inc.

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Congratulations to Gammage & Burnham client, Arizona Humane Society, on the recommendation of approval for its requested entitlement modifications for its Nina Mason Pulliam Campus for Compassion! For nearly 20 years, the Nina Mason Pulliam Campus for Compassion has served as the Arizona Humane Society’s home base for providing crucial animal care services—including affordable veterinary services and life-saving adoptions—to the local community.

On June 2, 2019, the City of Phoenix Planner Hearing Officer recommended approval for modifications to the Arizona Humane Society’s special permit zoning.  With these approved modifications, the Arizona Humane Society can start to plan for the future growth of the Campus for Compassion.

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WITHOUT CAREFULLY READING AND ANALYZING ALL OF THE TERMS OF ALL OF YOUR POLICIES, YOU WON’T KNOW IF A LOSS IS COVERED UNTIL IT IS TOO LATE!

Will the Insurance Compensate for the Loss?

“On January 13, 1960, at about 7 p.m., an automobile was seen traveling southwardly on U.S. Route No. 15 near Dillsburg in York County. It left the main right-of-way, crossed the berm, crossed over a grass plot in front of a gasoline station, returned to the highway and then after some general weaving veered off into a ditch where it abruptly stopped, its front end pointing downward at an angle of 45 degrees over a concrete culvert, its rear, like the stern of a sinking ship, raised high.” Brenneman v.

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NEGLIGENT HIRING, RETENTION AND SUPERVISION OF EMPLOYEES CAN COST YOUR COMPANY MONEY!

Employers are conditioned by discrimination lawsuits to avoid background checks and to avoid disciplining and firing workers. For example, so-called “ban the box” statutes forbidding including questions about past criminal convictions on employment applications have caused employers to be lax in hiring standards. Wrongful termination lawsuits have made employers wary of disciplining or firing underperformers.

Nevertheless, members of the public can and do sue companies whose workers commit crimes or cause other harm.

The employees stole from the customers???!!!

Employees of American District Telegraph Corporation (“ADT”) stole thousands of dollars worth of liquor from International Distributing Corporation (“liquor store”).

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On June 21st the U.S. Supreme Court issued its decision in Knick v. Scott Township, which materially expanded the ability of private property owners to go to federal court to defend their property rights.  The Court overturned a 34-year old decision that required property owners to litigate “takings” claims in state court before they were allowed to sue in federal court.  The Knick decision broadly expands projections of private property rights by allowing property owners to bring a takings claim directly in federal court.

The key to Knick is identifying the point in time when a property owner can sue over an alleged taking—(1) as soon as government action causes an alleged “taking” of property; or (2) later, only when it refuses to pay just compensation.  

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