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Shady Record Keeping Not Just in the VA

The nation was recently stunned by the revelation that Department of Veterans Affairs administrators were manipulating dates on records to conceal the unreasonable wait times veterans seeking medical care were forced to...more

US Appeals Court Lights A Match On Issue Of Government Reimbursement For WWII Aviation Gasoline Waste Disposal

Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions...more

Unsettled Questions Remain Under The SCRA

The Servicemembers Civil Relief Act (SCRA) protects active duty members of the military in civil actions, including foreclosures and collections. Section 533 of the Act applies to persons entering the military after incurring...more

Washington Amends State SCRA Statute To Provide State Remedy For Violation Of Federal SCRA

On March 27, Washington Governor Jay Inslee signed SB 2171, which amends the Washington Service Member’s Civil Relief Act (WSCRA) to provide that a violation of the federal Servicemembers Civil Relief Act is a violation of...more

The SCRA can be a Minefield: Recent Ninth Circuit Opinion Addresses Foreclosure Protection

On February 7, the U.S. Ninth Circuit Court of Appeals issued its opinion in Brewster v. Sun Trust Mortgage, Inc. The decision stands as a stark reminder to mortgage lenders and servicers of the importance of verifying a...more

Newly Enacted California Statutes

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of...more

Tribunals Explained Along With Their "Strengths & Weaknesses"

A detailed analysis of tribunals as a forum for dispute resolution. This involves a comparative case study of tribunals operating in different jurisdictions with particular regard to their merits and limitations. The study...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

The SCRA and Motor Vehicles - Auto Loans Vroom into the Forefront of Enforcement

In 2003, Congress passed the Servicemembers Civil Relief Act (SCRA or “Act”), which updated and replaced the Soldiers’ and Sailors’ Civil Relief Act. The SCRA has been described as the “greatest single statutory source of...more

DOJ Announces Payments Under 2011 SCRA Settlements

On April 4, the DOJ announced that two mortgage servicers will pay a combined $39 million to 316 servicemembers pursuant to SCRA settlements from 2011. Those settlement agreements resolved allegations that the mortgage...more

Fourth Circuit Holds FCA Statute Of Limitations Tolled By Wartime Suspension Of Limitations Act

The U.S. Court of Appeals for the Fourth Circuit recently held that the False Claims Act’s (FCA) statute of limitations can be tolled by the Wartime Suspension of Limitations Act (WSLA) in civil qui tam actions in which the...more

Auto Finance May Be DOJ’s Next Focus in SCRA Enforcement

The Department of Justice’s recent announcement that two towing companies have settled an action alleging violations of the Servicemembers Civil Relief Act (SCRA) may portend further SCRA enforcement actions by the DOJ in the...more

Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit

Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more

Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act

In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of...more

Government Contractors - Fifth Circuit Upholds Exclusivity of Defense Base Act Compensation Scheme for Injuries to Federal...

On January 12, 2012, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion ending six years of litigation against KBR and Halliburton over injuries and fatalities to contractor drivers in an...more

Servicemembers Civil Relief Act as Applied to Child Support

A review of the general provisions of the SCRA and how they apply to child support cases....more

Should Veterans Have the Right to Sue for Negligence in Military Hospitals?

Since 1950, U.S. veterans have been unable to make claims for medical malpractice committed in military hospitals. This seemingly unfair rule was decided in a U.S. Supreme Court case referred to by the Plaintiff’s name,...more

Whistleblower Complaint

Whistleblower case filed April 2011 settled September 25, 2012 against military contractor Applied Research Associates alleging fraudulent billing on Army Research and Development Contract....more

Federal Court Creates New Exception to Pennsylvania At Will Employment Doctrine

Pennsylvania has long been considered an "employment at will" state – meaning that employers and employees may terminate their employment relationship at any time with or without cause or prior notice. However, the number of...more

Leadership lesson that hits home

A lewd video shows that the naval service needs a refresher course in effective management. Naval commanders see themselves as exemplary leaders for Constitution or Queen and Country. We, on the other hand, are contracted to...more

North Carolina Legislative Update: Session Law 2010-190

The 2010 North Carolina General Assembly adopted an ACT TO PROHIBIT FORECLOSURES UNDER POWER OF SALE WHILE MORTGAGORS OR TRUSTORS ARE ON ACTIVE MILITARY DUTY. This act applies only to foreclosures under power of sale which...more

RETURNING VETS - OUTRAGEOUS DELAYS IN VA CARE AND BENEFIT APPEALS.

CASE PENDING IN US. 9TH CIRCUIT COURT OF APPEALS STRUGGLES WITH ISSUE OF WHETHER VA IS TO BIG TO TACKLE FOR OUTRAGEOUS DELAYS IN MENTAL HEALTH SERVICES FOR GIs AND IN UNREASONABLE DELAYS IN BENEFIT AND DISABILITY APPEALS....more

Employment Law Commentary, February 2008

Employer obligations under the Family Medical Leave Act (“FMLA”) have recently been expanded for the first time since its enactment in 1993. On January 28, 2008, President Bush signed into law the fiscal year 2009 Defense...more

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