Administrative Agency Personal Injury

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San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

California Supreme Court Lowers The AOE/COE Hurdle In Workers’ Compensation

In South Coast Framing, Inc. v. WCAB, Jovelyn Clark, S215637, May 28, 2015, the California Supreme Court clarified a claimant’s burden of proof in obtaining workers’ compensation benefits. In brief, a claimant meets the...more

Food Litigation Newsletter - May 2015

In This Issue: - RECENT SIGNIFICANT RULINGS ..Court Dismisses in Part “Natural” Claims ..Court Enters Partial Dismissal of “Handmade” Claims ..Court Dismisses Injunctive Relief Claim Allows...more

Texas eMediaLaw Legislative Update: 2015

It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few...more

Is Your Business a “Nuisance”? If so, It Could Cost You Dearly

Many landlords and businesses are already aware that they may be sued in a civil court for criminal acts committed by others on their property. While this is a reactive process that occurs in response to a specific incident,...more

DOJ's Pursuit Of Admissions — And The Risks Of Settling

On March 19, 2015, the U.S. Attorney’s Office for the Southern District of New York announced a proposed settlement of a civil fraud lawsuit against a large financial institution (bank). As with many of the U.S. Department of...more

Health Alert (Australia) - March 30, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: New South Wales - 25 March 2015 - Smythe v Burgman (No 2) [2015] NSWSC 150 - The New South Wales Supreme Court has held...more

Dutch judge: online operator does not have to refund gambling losses

Through its website, the remote gambling operator gave the opportunity to participate in remote games of chance. Now that it is still not legally permitted to offer remote games of chance targeted to the Dutch market, the...more

Texas High Court Confirms Exclusivity of Texas Workers’ Compensation Claim Remedy, Even for Alleged “Independent Injuries”

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the...more

?Restrictions on ICO’s Power to Impose Fines for cold calls, emails and nuisance text messages relaxed (and mobile...

From the 6 April this year, the UK regulator the Information Commissioner will be able to issue fines for breaches of the direct marketing provision of the Privacy and Electronic Communications (EC Directive) Regulations 2003...more

Can Comments By a Federal Employee Result in a Taking Requiring Compensation Under the Fifth Amendment?

It depends. A recent decision out of the Federal Circuit tackled this very issue, and the court’s decision strongly suggests that a taking could arise under the right circumstances. (Filler v. U.S. (Fed. Cir. Mar. 10, 2015)...more

Major Retailers Accused of Selling Dangerous Supplements by New York Attorney General

Since the passage of the “Dietary Supplement and Health Education Act,” the supplement industry has effectively been a wild west of snake oil salesmen foisting their sometimes fraudulent and dangerous miracle cures on the...more

Workers' Comp. Alert: Going And Coming Rule Again Narrowed

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

Accidental Disclosure Waives Privilege Under Public Records Act

Court of Appeal Says Privilege Removed Under PRA By Inadvertent Disclosure of Privileged Documents - If a privileged document is accidentally released to the public during compliance with a Public Records Act request,...more

Illinois Supreme Court Agrees to Decide Whether a Zoo is a "Local Public Entity"

The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public...more

Fee award against non-party attorney is thrown out by appellate court

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Health Alert (Australia) - October 20, 2014

In This Issue: Judgements, Legislation, and Reports. Excerpt from Judgments: Commonwealth - 15 October 2014 - Gray v Richards [2014] HCA 40 - In 2003, a 10-year-old girl...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

If A Tree Falls In The City, Is It Serving A Public Purpose?

Today’s posting has nothing to do with corporate law and everything to do with trees. On November 30 and December 1, 2011, the City of Pasadena experienced an unusually violent windstorm. Wind speeds in excess of 100 miles...more

Clarification on the Statute of Limitations for Conditions of Confinement Cases

The Supreme Court of Virginia has recently addressed and clarified the application of Va. Code § 8.01-243.2, which provides: No person confined in a state or local correctional facility shall bring or have brought on...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

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

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

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