Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Workers’ Compensation Appeals Board – Court Reporters And Depositions

by Kramm Court Reporting on 5/23/2012

A court reporter student called me this week asking why at workers’ comp depositions it is an automatic original and two copies and why does the defense have to pay for the 0&2. The attorney at the deposition challenged the...more

Second Circuit Affirms Duty to Defend Under Professional Liability Policy

by Traub Lieberman Straus & Shrewsberry LLP on 5/22/2012

In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

MSC Order List: May 11, 2012

by Warner Norcross & Judd - Appellate Practice... on 5/16/2012

In Smitter v Thornapple Township, Case No. 144354, the Court granted leave to appeal the judgment of the Court of Appeals. The Court previously had considered an application for leave to appeal an earlier order from the...more

Legal Alert: Denial of Workers' Comp Claim May Form the Basis of RICO Claim

by Ford & Harrison LLP on 4/20/2012

The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more

Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits...

by Sedgwick LLP on 4/10/2012

In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more

Fenwick Employment Brief - March 13, 2012

by Fenwick & West LLP on 3/19/2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

No Second Bite at the Apple: Claiming Collateral Estoppel based on a Prior Workers' Compensation Judgment

by Dinsmore & Shohl LLP on 3/2/2012

It is said that in law you only get one bite at the apple. However, in the course of a products liability lawsuit, plaintiffs will often try to get as many bites as they can. When plaintiffs file both a workers’...more

Frederick Place Chambers Employment Law Newsletter

by Polly Lord on 1/31/2012

This is the first newsletter published by Frederick Place Chambers. It is intended that this should be a monthly publication, with the aim of keeping clients and fellow professionals up to date with recent developments in...more

Contractors, Be Sure to Maintain Your Workers' Compensation Insurance

by Sedgwick LLP on 1/31/2012

A contractor's failure to maintain its workers' compensation coverage can have disastrous consequences. Unless the contractor is exempt from having workers' compensation insurance, its failure to maintain such...more

Ohio Workers' Compensation Class Action Notice: Should You Stay In Or Opt Out?

by Fisher & Phillips LLP on 1/6/2012

A class action lawsuit is currently pending in the Court of Common Pleas for Cuyahoga County, Ohio, on behalf of certain employers doing business in Ohio. The case alleges that the Bureau of Workers' Compensation (BWC)...more

The 2011 Texas Legislature Tightens Indemnity Rights and Changes Mechanic's Lien Perfection Requirements

by Sedgwick LLP on 12/16/2011

The 82nd Regular Session of the Texas Legislature dealt with many issues related to construction projects in Texas, including sustainable design building standards for state buildings, lien waiver form requirements, and the...more

Successfully Defending a Lawsuit

by Sands Anderson PC on 12/13/2011

Anyone who has been a defendant in a lawsuit will tell you that the process is expensive, time consuming and stressful. I have spent the past twenty years defending businesses and individuals in courts throughout Virginia and...more

MSC Order List: November 23, 2011

by Warner Norcross & Judd - Appellate Practice... on 11/29/2011

The Michigan Supreme Court directed the Clerk to schedule oral argument on whether to grant the application for leave to appeal or take other action in In re J L Gordon, Minor, No. 143673. At oral argument, the parties shall...more

Why It Pays to "Visualize an Injury" for Mediation or Trial

by Cogent Legal on 9/20/2011

In litigation, it’s one thing to talk about an injury in dry medical terms, and quite a different and more powerful thing to show what actually happened anatomically at the time of injury. In a personal injury case, attorneys...more

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Civil Procedure – May 23, 2012

Narrowed by: Worker’s Compensation