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Client Matters
Gallagher & Associates Law Firm Newletter |
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Greetings to all our clients, associates and friends of the firm. We are proud offer our newsletter, Client Matters, for your review.
If you would like to discuss any of the issues raised in Client Matters, please feel free to contact us. |
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New Supreme Court Decision
On May 29, 2007, the Supreme Court handed down a 5-4 decision that severely limited the ability of workers to file cases involving pay disparity. In Ledbetter v. Goodyear Tire & Rubber Co., Lilly Ledbetter, a former supervisor at a Goodyear plant, argued that Goodyear violated Title VII of the Civil Rights Act of 1964 by failing to pay her on par with the other 15 male managers, some of whom had less seniority. Ledbetter, filed a claim with the EEOC towards the end of her 16 year career at Goodyear when she learned of the pay disparity.
The significance of this case resulted in the Court's interpretation of Title VII which requires plaintiffs to file complaints within 180 days of the discriminatory action. Previous interpretations of the statute, including Ledbetter's interpretation and the Equal Employment Opportunity Commission's (EEOC), found that each pay check acted as a discriminatory action. Such an interpretation was known as the paycheck accrual method The Supreme Court ruled that a complaint must be filed with the EEOC within 180 days after the initial discriminatory pay was set. For Ledbetter, 180 days had long passed.
In a strongly worded dissent read from the bench, Justice Ruth Bader Ginsburg focused on the difficulties imposed by the Supreme Court's decision. For instance, compensation usually remains private and any initial disparities will most likely remain small. Workers may not realize the implication of small discrepancies eventually resulting in much larger pay discrepancies. If they do, many would not want to complain to their superiors in fear of creating a problematic work environment, especially at the beginning of a working relationship.
While many in the business community celebrated this decision, several Democratic Congressmen, including Presidential-hopeful Hillary Clinton, began taking steps to introduce new legislation which would highlight intent with regard to Title VII. Such legislation would in effect "turn over" the Supreme Court's decision, and extend the deadline period if such legislation passed. |
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Hurricane Season Upon Us
Now that the 2007 Hurricane Season is in full swing, we will be keeping you updated with helpful tips for preparing and recovering from a hurricane.
We have a new website for all of your hurricane needs, including assistance with claims. It is located at www.ahurricaneattorney.com or you can access it directly from our homepage, www.attorneyoffices.org and clicking on the link at the bottom of the page.
Once you have linked to the new hurricane website make sure you click on the links on the left hand side of the page. This will take you to a page full of helpful information on what to do before, during and after a hurricane or other natural disaster. These include preparation checklists concerning food, water, first-aid and non-prescription drugs, tools and supplies, sanitation, clothing and bedding, special items for infants, adults and pets, and a final checklist for what possessions and documents you need to have with you in the event of a storm. Helpful articles regarding the impact to commercial leases and businesses are also available.
Please check out this helpful information to protect yourself and your family during this hurricane season. Check back for new information as it becomes available. |
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Mold & Insurance
By Charles R. Gallagher III
Toxic mold claims have recently been highlighted in the press. Policyholders are left dealing with not only property damage to their home, but with illness or sickness as a result of the mold. However, most policyholders are not clear on whether the terms of their insurance policy covers mold damage. The most common homeowners' policy in Florida, the HO-3, actually excludes mold. Insurance carriers have also added a mold limit to their policies, often $10,000 or $15,000. These limits cover not only mold damage, but remediation costs. Adding even more confusion to the mix is the cause of the mold. While insurance policies don't cover mold, they cover a water leak that turns into mold, which is known as an ensuing loss. In Fisher v. Certain Interested Underwriters at Lloyds, 930 So.2d 756 (Fla. 4th DCA 2006) the court offered clarification on mold coverage under a homeowners insurance policy. Since the mold resulted from the discharge of water, the court found that mold was covered because the damage was a direct consequence of a named peril. In essence, the discharge of water resulted in mold damage to the homeowner's personal property. On that basis, the court found that the mold was covered under the insurance policy. |
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Firm News & Notes
� On July 11, 2007, the firm will host an open house for clients and friends of the firm. All are invited to attend. For more information contact us at 727-344-LAWS.
� Lindsay Brown made the Honor Roll for the Spring 2007 semester at Stetson University College of Law.
� In May, Casey Stoutamire was selected to be a Research Assistant for Dean Darby Dickerson of Stetson College of Law.
� In April, Charles Gallagher served as a judge for both the ATLA Trial Competition and the Intercollegiate Mock Trial Championships held on the campus of Stetson University College of Law.
� Ginny Keeter-Bodkin recently joined the firm as a legal assistant. Ginny has over fifteen years of experience in office administration. In addition to her experience in the legal field, she has worked in advertising, travel and consumer goods.
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A Different Kind of Law Firm
While the term "thinking outside of the box" has been overused as of late, our firm prides itself on doing things a little differently. Attorneys often do not realize that legal issues and litigation are stressful and frightening for clients. We appreciate that this is uncharted territory for most clients and ensure that clients understand the legal system. In fact, we view the client as part of the team. We welcome frequent client interaction and counsel because together we can achieve more.
Your Advocate
One of the biggest complaints about attorneys is that clients feel that their attorney is not passionate enough about their case. We attempt to view the case from the client's perspective so that we can truly appreciate the urgency in resolving the case. Another complaint is that their attorney is too friendly with opposing counsel or the other side. While we understand the need to maintain a professional rapport with opposing counsel, rest assured we are your advocate and will work diligently to resolve your case.
About the Firm:
Gallagher & Associates Law Firm's practice is limited to representation of individuals and small businesses with regard to all of their civil legal needs. From preparation of your will, to starting a business, to litigating any range of matters, we can assist you. We strive to provide the highest level of legal services possible. Your case is a priority to our firm, and we will work hard to obtain the results you want.
The firm accepts cases throughout the State of Florida, with a particular emphasis on the Tampa Bay area. Our practice areas are broken down as follows:
Insurance Disputes Commercial Litiation
Hurricane Damage Construction Litigation
Toxic Mold Employment Litigation
Sinkholes Business Litigation
Real Estate/Business Law Consumer Law
Real Estate Closings Consumer Disputes
Real Estate Litigation Deceptive Trade Practices
Personal Injury/Accident
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Firm E-Mail Directory
Charles R. Gallagher III, Esquire John L. Bischof, Esquire
Scott A. Kuhn, Esquire Lindsay W. Brown
Casey A. Stoutamire Jason A. Cox
Ginny Keeter-Bodkin
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Our Promise
While it is impossible guarantee results in any case, we can offer your our promises of diligence, creativity and perseverance in handling your case. You case is a priority to Gallagher & Associates Law Firm, P.A.
Charles R. Gallagher III
Gallagher & Associates Law Firm, P.A. |
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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. | |
