Administrative Agency Personal Injury

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Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

Ontario Government’s Bill 171 Threatens Access to Justice for Personal Injury Plaintiffs

In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The Bill proposes concerning changes to the process that an injured...more

Eastern District of Louisiana Rules that Factual Portions of Incident Report by Bureau of Safety and Environmental Enforcement...

In the new world of shared regulatory oversight between the United States Coast Guard (USCG) and BSEE on the Outer Continental Shelf (OCS), a mundane devil-in-the-details – but nonetheless vitally important question – had...more

Foreign Air Carriers Must Adhere to a “Family Assistance Plan” in the Event of an Accident on American Soil Resulting in Major...

Following the July 6, 2013, crash of Asiana Flight 214 in San Francisco, the U.S. Department of Transportation (DOT) fined Asiana Airlines $500,000 for failing to assist passengers’ families in accordance with the Foreign Air...more

Illinois Supreme Court to Hear Arguments in Five Civil Cases This Week

The civil portion of the Illinois Supreme Court’s argument docket for the January term begins tomorrow morning at 9:30 a.m. in the Court’s temporary courtroom on the 18th floor of the Michael A. Bilandic Building, 160 N....more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

Sixth Circuit: Social Workers Entitled To Qualified Immunity Because Law Not Sufficiently Clear

As I learn more and more about the social work field as my (new) wife continues on her path to becoming a social worker, I realize that social workers often see life at its lowest points. Never was that more true than in this...more

Florida’s New Ban on Texting While Driving

In an effort to curb the dangerous but common activity of texting behind the wheel, Governor Rick Scott has signed SB 52 into law. Most states already have laws against texting while driving. The Federal Motor Carrier...more

New Hours-of-Service Regulations Effective Today, July 1, 2013

Legal Alert: The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced that new federal regulations designed to reduce truck driver fatigue took full effect today, July 1, 2013. ...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

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

Do I Need to Hire a Lawyer to Start my Social Security Disability Claim?

Most Social Security disability claimants wait until they are denied before they hire a lawyer. Does this delay make sense? Atlanta Social Security disability attorney Jonathan Ginsberg says "yes." There is usually no...more

Do I Need a Lawyer to Start my Social Security Disability Application?

Social Security disability claimants usually wait until their claim is denied before they hire a lawyer. Does this delay make sense? In many cases it does, says Atlanta Social Security disability attorney Jonathan Ginsberg....more

SSDI Hearing Preparation: Practice Answering Questions About Your Physical Capacity

Social Security disability judges always ask claimants to describe their capacity to perform various activities. In cases involving physical impairment, every claimant will be asked about his capacity to sit, stand, walk and...more

If I Win my SSDI Case, When do I Become Eligible for Medicare?

Claimants who are approved for Social Security disability become eligible for Medicare starting at the 25th month after they first become eligible for payment of disability benefits. This 24 month waiting period combined...more

Milwaukee Police Department Will Post Its Standard Operating Procedures Online

The MPD’s Rules and Regulations and the MPD Code of Conduct have historically been posted on the MPD website. For the first time, the MPD’s Standard Operating Procedures, which are guidelines for police operations, will also...more

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

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

Opportunities for Summary Judgment in Municipal Liability Cases

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

Servicemembers Civil Relief Act: Giving Second Life To Cases Otherwise Barred By The Statute of Limitations

How an obscure section of the Servicemembers Civil Relief Act can save a case when the statute of limitations has run...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

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

San Diego’s Dangerous Roads Can Cause Serious Auto Accidents

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

How Does the National Transportation Safety Board (NTSB) Help Families After Airplane Accidents?

The aftermath of an airplane accident involves action by numerous organizations, including the involved airline, federal, state and local agencies, and volunteer associations. In addition to ensuring that survivors receive...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

Product Liability Law Medical Device Law Update: December 2012 - “A State of Profound Uncertainty”: The Crisis in Pennsylvania

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

Weekly Law Resume - December 20, 2012: California Supreme Court Affirms Express Delivery Provisions of Government Claims Act

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

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