Personal Injury Government Contracting

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Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more

Insights - Spring 2013: Employment Law Update

In This Issue: - Ohio Intentional Tort Update - Criminal Background Checks and Federal Contractors - New Family and Medical Leave Act Regulations - I-9 Form Changes - Excerpt from Ohio Intentional Tort...more

Under Construction - March 2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

LAWSUIT AGAINST THE STATE OF INDIANA

On occasion, Wischmeyer Law Office will receive an inquiry about a claim against the State of Indiana for negligence. All too often, I am unable to assist the potential client because of limits that exist in the State of...more

Labor Letter - November 2012

In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more

Ontario Court Dismisses Billion Dollar Damages Claim Relating to Moratorium on Offshore Wind Farms

On October 5, 2012, the Ontario Superior Court of Justice struck out an action brought by Trillium Power Wind Corporation (Trillium) against the Ontario government seeking $2.5 billion in damages occasioned by Ontario’s...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 20, 2012

Today, the Virginia Supreme Court issued several opinions affecting the practice of Virginia local government law. The cases involve (1) the Gloucester County School Board and the Public Procurement Act, (2) Albemarle...more

Legal Alert: Damon Key's quarterly update - Construction Law, Renewable Energy, Appellate Developments, and Premises Liability...

Legal Alert: Damon Key's quarterly update - Construction Law, Renewable Energy, Appellate Developments, and Premises Liability (Feb. 2012) ...more

Health Care Fraud and Qui Tam Lawsuits

Today federal law enforcement officials announced what has been called the largest health care fraud case in U.S. History. Federal prosecutors have indicted a Dallas, Texas doctor for allegedly scamming medicare out of...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

Contract to pay dollars is a contract to pay coined silver

A contract to pay dollars, is according to the Supreme Court of the United States, a contract to pay lawful money of the United States. Lawful money of the United States is money declared to be legal tender in payment. ...more

WHAT IS LIBERALISM

< What is liberalism > Observation <...more

Illinois Politics and Workers’ Compensation: Race for Governor

Unless you are injured, or know a loved one who has been hurt on the job, a decision to vote usually does not take into consideration the issue of Workers’ Compensation. In less than 30 days, the voters of Illinois will elect...more

Six Workers Injured in Tennessee Military Flare Plant Explosion

An explosion at the Kilgore Flares Co. plant in Toone, Tennessee, has resulted in at least six workers injured, three of them critically. The plant, which makes flares for military aircraft, is located approximately 75 miles...more

United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense...

A recent decision by the United States District Court for the Southern District of Texas may have caused grave damage to protections long available to overseas government contractors and their employees under the Defense Base...more

The "Franken Amendment": A Blow to Arbitration and Increased Litigation and Compliance For Government Contractors

In October, the United States Senate, by a 68-30 vote, approved an amendment to the Department of Defense (“DoD”) appropriations bill for fiscal year 2010 which prohibits the use of appropriated funds, if such funds are to be...more

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