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Hospital Failed to Accommodate and Then Fired Nurse Undergoing Cancer Treatments, Federal Agency Charged - ASHEVILLE, N.C. - Angel Medical Center, Inc., a full-service critical access hospital located in Franklin, N.C., will pay…more
Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a possible…more
On Thursday morning, the Illinois Supreme Court resolved a confused issue in utilities law, holding unanimously in The People of the State of Illinois ex rel. Madigan v. Illinois Commerce Commission that the 35-day period provided by…more
The New Product Liability Paradigm In Pennsylvania: The PA Supreme Court Declines To Adopt The Third Restatement, But Overrules Precedent Prohibiting Consideration Of Negligence Principles In Strict Liability Cases
The Pennsylvania Supreme Court this past week dramatically altered the landscape of product liability litigation in Pennsylvania. In Tincher v. Omega Flex, Inc., No. 17 MAP 2013 (Pa. November 19, 2014), the Court overruled…more
The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens ”involuntary” and thus violate Americans with Disabilities Act…more
Predictable horseplay and a metal locker with an exposed, jagged and rusty edge may be enough evidence for a jury to conclude that school officials had a “clear and unequivocal duty to act immediately to prevent harm” to students. This…more
Another district court (actually, a magistrate judge) has succumbed to the siren song, or drank the Kool-Aid, or (fill in your favorite Apocalyptic metaphor here) of applying the Supreme Court's Mayo v. Prometheus decision in ways not…more
Broker-Dealer and Two Senior Officers Fined US $2.5 Million for Market Access Violations - Wedbush Securities Inc. and two senior officers resolved an enforcement action previously filed against them during June 2014 by the…more
Is the Issue of Whether Pilots Are ‘Professionals’ for Purposes of Wage and Hour Laws Still up in the Air? You May Be Surprised at How This Alaska Ruling Could Affect All Employers.
In a recent decision, the Alaska Supreme Court held that a pilot was not an exempt professional under the Alaska Wage and Hour Act, which is patterned after the federal Fair Labor Standards Act. Although decided under Alaska law on the…more
Italy implemented the Consumer Rights Directive by adopting the Legislative Decree no. 21 of February 21, 2014 effective from June 13, 2014 which amended the Italian Consumer Code. The new rules apply to any contract concluded…more
On November 20, 2014, President Obama announced executive action to allow millions of undocumented immigrants to remain in the United States temporarily and apply for work authorization. This executive action also includes improvements…more