Labor & Employment Energy & Utilities Civil Procedure

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Miners’ Discrimination Complaints: What’s an Operator to do?

Mine operators across the United States are facing an unprecedented number of miners’ discrimination complaints filed under Section 105(c) of the Mine Act. The rise in discrimination complaints can be partly attributed to job...more

Argument Report: Illinois Supreme Court Debates Status of Water Facility Contractor

When does an independent contractor become a public utility? That's the question the Illinois Supreme Court debated during the September term in People ex rel. Department of Labor v. E.R.H. Enterprises, Inc. Based upon the...more

Recent Supreme Court Decisions Could Prove Favorable For Oklahoma Business Climate

Recent United States Supreme Court decisions making it more difficult to certify lawsuits as class actions have the potential to create a more business friendly climate in Oklahoma. In theory, a class action lawsuit saves...more

Illinois Supreme Court to Debate Exemptions From Prevailing Wage Act

Our previews of the oral arguments on the Illinois Supreme Court’s September docket continue with People ex rel. Department of Labor v. E. R. H. Enterprises, Inc. E.R.H. began in 2008 when the Labor Department issued...more

False Claims Act Focus - April 2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Patton Boggs Insights - December 2012: Litigation/Courts: Appeals Court Rules On MSHA Temporary Reinstatement

A miner’s temporary reinstatement benefits stop once the Federal Mine Safety and Health Review Commission orders an end to a discrimination proceeding. The ruling last month by the US Seventh Circuit Court of Appeals is a...more

Patton Boggs Insights - January 2012 - Litigation/Courts: Appeal Of Attorney Fee Denial In Overturning Violation

A custodial firm doing business at a mine incurred some $22,000 in legal expenses fighting an order MSHA issued, then vacated. A judge ruled the company is not entitled to compensation under the Equal Access to Justice...more

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