León Cosgrove

Archive for June, 2020

COVID-19, Medical Inquiries, and Testing: What Actions Can Employers Take Without Running Afoul of the ADA?

By: Tiffany L. Anderson

As businesses reopen following the COVID-19 outbreak, employers face a conundrum—what medical information can they obtain from employees to prevent the spread of COVID-19 in the workplace without running afoul of the Americans with Disabilities Act (“ADA”)?   According to guidance from the U.S. Equal Employment Opportunity Commission (“EEOC”), employers can do the following:

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Supreme Court Finds that Nonsignatories to an International Arbitration Agreement May Compel Arbitration

By: Tiffany L. Anderson

On June 1, 2020, the Supreme Court unanimously held in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC[1] that the Convention on Recognition and Enforcement of Foreign Arbitral Awards, (“New York Convention”) does not preclude a nonsignatory to an international arbitration agreement from invoking state-law doctrines of equitable estoppel to compel arbitration.  The Court rejected the Eleventh Circuit’s previous finding that equitable estoppel doctrines are incompatible with the New York Convention’s signatory requirement and placed international arbitration agreements on equal footing with domestic U.S. arbitration agreements.

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Covid-19 Litigation: Replevin as a Recovery Device

By: Tiffany L. Anderson

Replevin, a little-known and rarely used claim under Florida law, may be a centerpiece of Covid-19 litigation seeking recovery of real property. Parties should be aware, however, that while replevin claims are a powerful tool, they are not without risks.

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