Administrative Remedies

News & Analysis as of

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

Participants in Top Hat Plans Must Exhaust Administrative Remedies

So-called “Top Hat” plans are nonqualified deferred compensation plans for a select group of management or highly compensated employees. These executive compensation arrangements are exempt from many ERISA provisions, but are...more

Competition News June 2015

The French Competition Authority departs substantially from its method for calculating fines in the poultry cartel cases - In its poultry cartel decision of May 6, 2015, the French Competition Authority was forced to...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

SCOTUS Jurisdiction Watch: Exhaustion of EEOC Administrative Remedies

On May 28, 2015, the United States Supreme Court is scheduled to meet and decide whether to grant or deny certiorari in Duble v. FedEx Ground Package System Inc., Supreme Court Case No. 14-1028. Petitioner, Duble, seeks...more

ERISA Participant’s Supplemental Submission Doesn’t Restart Exhaustion Clock

A federal district court in New Jersey held that supplemental documentation submitted by a participant in connection with the claims review process did not restart the clock for a claims administrator to decide the...more

FTC Obtains $26.8 Million in Disgorgement to Settle Monopolization Claims

On April 17, 2015, the Federal Trade Commission (FTC) entered into a settlement with Cardinal Health, Inc. (Cardinal) to resolve allegations that Cardinal, the largest and in certain areas the sole operator of...more

Update on Two Recent California Eminent Domain Cases

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Colorado Court Ruling Confirms Role of Colorado Oil and Gas Conservation Commission in Resolving Royalty Disputes

It is not uncommon for royalty disputes between mineral lessors and operators to increase as oil and natural gas prices decrease. Before mineral lessors go running to the courthouse in Colorado, however, and before operators...more

The Pitfalls of Settling Qui Tam Lawsuits

In a recent federal court case, the federal government and the State of California successfully enforced an oral settlement agreement of a qui tam lawsuit against a health care provider. United States v. North East Medical...more

Illinois Supreme Court Agrees to Decide Remedy for Unserved Notices of Violation

What happens when the City doesn’t properly serve a notice of building code violations? In the closing days of its September term, the Illinois Supreme Court agreed to decide that issue in Stone Street Partners, LLC v. City...more

Raising the Stakes: National Labor Relations Board Expands Remedies for Labor Law Violations

The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order...more

Mediation Decision-Makers Need “Decision-Quality Information”

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate?...more

Lake County, Illinois “Hat Trick”* Defeats Religious Meditation House in Federal Suit

In MAUM Meditation House of Truth v. Lake County, Illinois, No. 13-cv-3794 (N.D. Ill. 2014), the United States District Court for the Northern District of Illinois ruled that Lake County, Illinois did not violate MAUM...more

Don’t Wait Until Trial Is Over to Raise Objection As to Court’s Jurisdiction, Says California Court

Kim v. Konad USA Distribution, No. G048443 (June 12, 2014): In a recent decision, the California Court of Appeal held that an employer that waited until a trial ended to raise an objection about exhausting administrative...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Judge Finds Illinois Insurance Department's Policy Prohibiting Offshoring To Be Improper Rulemaking

On November 27, 2013, the Circuit Court of Cook County, Illinois issued an Order in a lawsuit filed by the American Council of Life Insurers, Inc. ("ACLI") v Andrew Boron, Director of the Illinois Department of Insurance and...more

The California Supreme Court Tackles The U.S. Supreme Court’s Decision in Concepcion – Still Finds Wiggle Room For California...

The enforceability of employment-related arbitration agreements has been a hot-button issue these past couple of years. The latest fight, federal vs. California law, has just played out in the California Supreme Court’s very...more

Will the Supreme Court Change the Law on Limitations?

On Tuesday, the United States Supreme Court heard oral argument in an ERISA-governed long term disability benefits case, Heimeshoff vs. Hartford Life and Wal-Mart Stores Inc. (Case Number 12-729). The plaintiff in the case...more

ERISA — Second Circuit: What does it take to assert an effective exhaustion of remedies defense in ERISA cases?

What does it take to assert an effective exhaustion of remedies defense in ERISA cases? Properly drawn plan documents that expressly impose the duty upon the claimant to exhaust remedies before bringing a lawsuit....more

Weekly Law Resume: Labor Law – Exhaustion of Administrative Remedies Required

Aaron MacDonald v. State of California, et al. - Court of Appeal, Third District (August 27, 2013) - In this case, the Third District of the Court of Appeal acknowledged and clarified the question that troubled many...more

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to Illinois’ Law...

On August 29, 2013, New Jersey became the twelfth state to enact social media password protection legislation, continuing the nationwide trend towards imposing some form of restriction on employer access to the restricted,...more

Sixth Circuit: Failure to Exhaust Administrative Remedies Not A Jurisdictional Bar For Title VII Retaliation Claim

On August 13, 2013, the Sixth Circuit reinstated a retaliation claim under Title VII, reversing the dismissal of the claim on jurisdictional grounds for failure to exhaust administrative remedies with the EEOC....more

Employment Newsletter - June 2013: The Impact of Federal-State “Worksharing Agreements”

A New Jersey decision issued earlier this year highlights the importance of a little-known but highly effective employer defense to claims brought under the New Jersey Law Against Discrimination. In Cornacchiulo v....more

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more

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