Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Medicaid Receiving Startlingly Little Attention As Everyone Discusses Medicare
Obama Administration Calls for Free Access to Federally Funded Research
Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments
Should Wall Street Fear Mary Jo White?
Looking Ahead to Washington State’s Legalized Marijuana Marketplace
4 Things to Know About Michigan’s New Right-to-Work Laws
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Local Governments Continue to Fight States for Right to Govern Fracking
Tax Questions to Ask Yourself with the End of 2012 and the Fiscal Cliff Approaching
Obama Blocks Chinese-Owned Wind Project Out of Concerns for National Security
Crystal Ball Perspective: Will Healthcare Reform be Repealed if Romney Wins the Presidential Election?
Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism
Not Prepared for Healthcare Reform? Three things employers need to focus on now.
Who pays for road damage in Pennsylvania after ACT 13?
Smartphone Data Solution: Sharing Airwaves
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
NLRB Posting Rule Delayed Again, Will We Ever See Resolution?—McKenna Long's Seth Borden
In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more
Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more
In light of the decision in Combined Air Mechanical Services v. Flesch, counsel in municipal cases must re-assess their opportunities for summary judgment. In Combined Air, the Ontario Court of Appeal identified a new...more
How an obscure section of the Servicemembers Civil Relief Act can save a case when the statute of limitations has run...more
An attorney who sought to sue the state of Connecticut for $100 million following the Sandy Hook massacre has withdrawn his lawsuit request for the time being, citing public backlash.
Irving Pinsky, a personal injury...more
We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more
When a serious collision occurs between motor vehicles, one or both of the drivers usually causes the collision. Although driver negligence constitutes the leading cause of accidents involving cars, trucks and SUVs, sometimes...more
Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more
Hope DiCampli-Mintz v. County of Santa Clara, et al. -
California Supreme Court (December 6, 2012) -
Government Code section 915(a) establishes the manner of delivery of a claim against the government. It requires that...more
A woman who allegedly suffered injury while being treated in a county-owned hospital delivered a notice of intent to sue to the risk management department of the hospital instead of the clerk, secretary, auditor or board of...more
On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an...more
Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more
Different states have different law regarding dog attacks and bites. In California, there are several statutes that control dog bite incidents and how they are to be handled by the courts. For example, California Civil Code...more
In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more
In the first of six opinions issued in civil cases this morning, the Illinois Supreme Court held that publicly-owned recreational facilities have broad immunity from liability to users who fall on snow or ice....more
A New Jersey federal court granted summary judgment to Baxter Healthcare Corporation (Baxter) last month based on a familiar legal concept rarely applied in the Garden State – warning causation. In Baker et al. v. APP...more
UPDATED THROUGH September 4, 2012
Attorney’s Fees – Appellate. Does section 57.105, Florida Statutes, support an award of appellate attorney’s fees for the filing of an administrative appeal without citing material...more
UPDATED THROUGH September 4, 2012
Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more
In This Issue:
- When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville):
On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more
The Illinois Supreme Court will release two civil opinions tomorrow. While we await the opinions, here’s a preview of the first case, Doe v. White....more
Never let it be said that plaintiffs’ lawyers are not an enterprising lot. The old adage that you can’t get blood from a stone continues to apply, but not evidently to plaintiffs’ lawyers. They continue to push the envelope...more
The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more
The Court of Appeal’s decision in Penner v. Regional Municipality of Niagara Regional Police Services Board et al. (reserved at the Supreme Court, January 11, 2012) gives support for a broader application of issue estoppel....more
Can a public entity or employee be sued over the negligent operation of an emergency vehicle responding to a call? This morning, the Illinois Supreme Court held in Harris v. Thompson, written for a 6-Justice majority by...more
Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more
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