News & Analysis as of

Adjudicatory Process

Get your ducks in a row if you want to challenge an adjudicator's decision

by Dentons on

To err is human and, soon after the Construction Act was enacted, the courts sensibly recognised that a "slip rule" could be implied in adjudications to allow adjudicators to correct minor clerical and typographical errors in...more

CIC Users' Guide to Adjudication

by Dentons on

The Construction Industry Council (CIC) has published a new Users' Guide to Adjudication. ...more

H-1B Cap Filing Season: How to Avoid Getting Stuck in a Gap in Employment Eligibility

by Nexsen Pruet, PLLC on

This time of year, many recent college graduates who are authorized to work in the United States for a limited time as part of post-degree optional practical training are facing a deadline—and employers better take note, or...more

Calling time on time limits?

by Hogan Lovells on

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

Time Waits for No-One When a Garnishee Order can be Obtained to Enforce an Adjudicator's Determination

by K&L Gates LLP on

The Supreme Court is often called upon by an aggrieved party to restrain enforcement of an adjudicator's determination whilst that party seeks to have the determination set aside. In an ex tempore decision in Atlas...more

HHS Finalizes Appeals Backlog Rule in Wake of Judicial Order

by Polsinelli on

The U.S. Department of Health and Human Services (HHS) released a Final Rule aimed at reducing and eventually eliminating the backlog of more than 650,000 claims currently awaiting adjudication by an administrative law judge...more

Pennsylvania District Court Rejects Effort to Certify Retained Asset Account Claims Against Prudential

by Carlton Fields on

In Huffman v. Prudential, a federal judge in the Eastern District of Pennsylvania recently rejected the plaintiffs’ effort to certify for class adjudication a claim for alleged breach of ERISA (alternatively, state law)...more

NSW Court of Appeal – Security of Payment Act did not permit review of an adjudicator’s determination other than for...

by Dentons on

Landmark NSW Court of Appeal Decision - The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error....more

How to enforce adjudication decisions and deal with insolvency

by Dentons on

Adjudications on the increase - Anecdotal evidence suggests that adjudications are still on the increase. This increase is supported by the statistics in the Adjudication Society's 15th report, which shows a 5 per cent...more

Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America

by JAMS on

Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes...more

New California Law Takes Aim at Choice of Law Provisions in Employment Agreements

by Cozen O'Connor on

Borrowing from the famous tourism marketing tagline of its neighboring state, a new California law effectively tells employers, “what happens in California stays in California,” and gives employees the power to strike down...more

Wilson: SCC Overhauls Standard of Review?

by Dentons on

Tax professionals who advise clients on judicial review of the CRA’s discretionary decisions should monitor developments in the standard of review in light of the Supreme Court of Canada’s decision in Wilson v Atomic Energy...more

Texas Court Adjudicates Claim Against Insurer In Receivership

by Carlton Fields on

In mid-June, a Texas court adjudicated a dispute between an insurance receiver and an insurer that claimed that it was owed more than twice as much from the insolvent insurer due to a misclassification of its claim. The...more

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

by Littler on

Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

Clarifying the law on repeat claims and post-termination claims under the Security of Payment Act - A case study of Asplenium Land...

by Dentons on

The Singapore High Court’s recent decision in Asplenium Land Pte Ltd v CKR Contract Services Pte Ltd [2016] SGHC 85 has perhaps finally put to bed the issue as to what constitutes a repeat claim that is prohibited under the...more

Applying New California Rules to Your Real Estate Litigation Practice

by Snell & Wilmer on

Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable...more

Federal Court finds “Systemic Failure” in Processing of Administrative Appeals for Medicare Reimbursement Claims

A win for efficiency: The AHA suit may force shorter adjudication times for Medicare administrative appeals. In 2014, the American Hospital Association (AHA), along with three hospital systems, filed suit against the U.S....more

AB1141 Amends California Code of Civil Procedure

AB 1141, which was passed on September 28, 2015 and made effective January 1, 2016, revives an expired procedure for filing a motion for summary adjudication to facilitate resolution of a case. A change in the law in 2011...more

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1, 2015

Effective September 24, 2015, USCIS will suspend final adjudication of employment-based Adjustment of Status Applications. Cited as the reason is the Department of State’s report that the statutory cap has been reached for...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

by Dentons on

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

L-1B Specialized Knowledge Visa Category Guidance Goes into Effect August 31, 2015: Brave New World?

While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners...more

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

USCIS Releases Much-Anticipated L-1B Specialized Knowledge Proposed Guidance Memorandum

by Faegre Baker Daniels on

U.S. Citizenship and Immigration Services (USCIS) has released a much-anticipated proposed policy memorandum on adjudication of the L-1B “specialized knowledge” nonimmigrant visa category. USCIS Director León Rodríguez said...more

L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment

Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition. Specifically, the new L-1B...more

Singapore: The Second Persero Case*

by White & Case LLP on

A judgment of July 16, 2014 of the Singapore High Court enforcing a “binding” but not “final” decision of a dispute adjudication board under the FIDIC Conditions of Contract for Construction 1999 (the so-called “Red Book”)...more

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