Military Law, Civil Remedies

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

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

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

by King & Spalding on 5/8/2013

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

by BuckleySandler LLP on 4/12/2013

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

by BuckleySandler LLP on 4/8/2013

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

Veteran Awarded Millions When VA Gives Wrong PTSD Meds

by Sylvia Hsieh | Lawyers.com on 1/24/2013

A Marine sergeant who developed post-traumatic stress disorder after some harrowing experiences in Iraq won $3.7 million in his lawsuit against the U.S. Department of Veterans Affairs for not treating his illness properly and...more

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

by Ballard Spahr LLP on 5/17/2012

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

by Cadwalader, Wickersham & Taft LLP on 4/20/2012

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

Soldiers’ Families Blocked from Suing Military Hospitals

by Lawyers.com on 3/29/2012

A large number of combat troops have been returning home from their overseas missions, and many are seeking treatment at military and VA hospitals for injuries and conditions they’ve suffered as a result of their combat...more

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

by Sheppard Mullin Richter & Hampton LLP on 2/14/2012

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...

by Womble Carlyle Sandridge & Rice, PLLC on 1/20/2012

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

BofA to Pay $116K+ to Servicemembers for Illegal Foreclosures

by Lawyers.com on 11/17/2011

Thousands of men and women are coming home from Iraq within the next weeks, but some may not have a house to return to. That's because subsidiaries of Bank of America and Morgan Stanley illegally foreclosed on nearly 200...more

Servicemembers Civil Relief Act as Applied to Child Support

by Christopher Buechler on 10/1/2011

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?

by Robert Kraft on 7/6/2011

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

by Jeffrey Newman on 4/11/2011

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

by McNees Wallace & Nurick LLC on 1/17/2011

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

by John A. C. Cartner on 12/15/2010

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

by Poyner Spruill LLP on 9/28/2010

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.

by Gregory Piche on 12/10/2009

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

by Morrison & Foerster LLP on 2/28/2008

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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Military Law › Civil Remedies