Searching Content indexed under Trials & Appeals & Compensation by Craig Simonsen ordered by Published Date Descending.
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Unanimous Supreme Court Ruling On The Fair Debt Collection Practices Act
Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures.
United States
10 Apr 2019
OSHA And Title VII On Workplace Violence In Healthcare And Social Assistance
Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties.
United States
18 Feb 2019
Management Alert: DOJ Files Motion To Dismiss Eleven False Claims Act Suits
Seyfarth Synopsis: The United States Department of Justice recently filed a seismic motion to dismiss in a series of healthcare fraud-related cases.
United States
3 Jan 2019
Supreme Court To Reconsider ‘Auer' Deference
Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation ...
United States
18 Dec 2018
Chevron Deference Under Attack At State Level
On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove "Chevron Deference," ...
United States
23 Apr 2018
States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule
Continuing the fight over the Obama-era WOTUS Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation, and a host of states, including New York and California have brought lawsuits...
United States
14 Feb 2018
DOJ To No Longer Allow Settlements To Include Contributions To Third Parties, Thereby Threatening The Future Of SEPs
The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could significantly limit, if not ban, the use of SEPs.
United States
4 Jul 2017
Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Caused By Intoxicated Employee
In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee's vehicle usage.
United States
29 Mar 2017
OSHA Again Delays Enforcement Date For New Workplace Injury And Illness Reporting Rule
After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule's effective date.
United States
27 Oct 2016
Business Organizations Sue OSHA Over Workplace Injury And Illness Reporting Rule
Seyfarth Synopsis: A lawsuit has been filed against OSHA challenging its May 2016 retaliation and recordkeeping rule.
United States
18 Jul 2016
Food Manufacturer Found Liable In Donning And Doffing Case
Even in the face of a collective bargaining agreement the State of Arkansas reconsiders whether employees should be compensated for time they spend putting on and taking off required protective gear.
United States
13 Jun 2016
Supreme Court Sides With Property Owners: Jurisdictional Determination Is Reviewable
The Supreme Court decided that Army Corps' jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately judicially reviewable.
United States
9 Jun 2016
Circuit Court Says Superfund Request For Information Trigger's Insurer's Defense Obligation
The 9th Circuit confirmed that an EPAs request for information letter investigating a Superfund cleanup site is a "suit" triggering an insurer's duty to defend.
United States
20 May 2016
Is Increased Seismic Activity From The Disposal Of Fracking Fluid Actionable Under RCRA?
Seyfarth Partner Andrew H. Perellis is quoted in this Forbes Legal News article today, Sierra Club's Legal Theory In Frackquake Case Draws ‘Star Trek' Comparison (March 31, 2016).
United States
8 Apr 2016
Second Circuit Court Holds HR Director Is Individually The "Employer"
In an opinion last week, the Second Circuit ruled that a company's human resources (HR) director could be held individually liable for Family and Medical Leave Act violations.
United States
30 Mar 2016
Supreme Court To Decide If Army Corps Initial Jurisdictional Determination To Regulate Wetlands Under CWA Is Ripe For Judicial Review
The Supreme Court of the United States agreed on Friday to review an important Clean Water Act decision issued by the Eighth Circuit in Hawkes Co., Inc., et al. v. U.S. Army Corps of Engineers, No. 13-3067 (April 10, 2015).
United States
29 Dec 2015
Employer Ordered To Pay Whistleblower $100,000 Punitive Damages
In this case, the whistleblower had contacted OSHA in 2012 to complain about workplace safety issues.
United States
20 Oct 2015
OSHA Updates Emphasis Program On Amputations – Cites Employer And Places It On Severe Violators List
The NEP, which was first issued in 2006, was targeted toward industries with high numbers and rates of amputations.
United States
24 Aug 2015
Workplace Violence – Putting Employers On The Horns Of A Dilemma
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces.
United States
17 Aug 2015
OSHA Seeks Work-a-Round To Issuing Citations For Recordkeeping Violations More Than Six Months Old
OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old.
United States
3 Aug 2015
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