Mental Illness

Does "I Quit" Really Mean I Need FMLA Leave?

by Leonard Feigel | Foley & Lardner LLP on 5/21/2013

Imagine you have an employee who is out three weeks on a medical leave protected by the FMLA. The employee suffers from a serious mental condition (or some other chronic condition), which has required her to take FMLA...more

Record $240M Award for Abuse of Disabled Workers Slashed to $1.6M

by Sylvia Hsieh | Lawyers.com on 5/20/2013

A jury verdict earlier this month to mentally disabled workers who were abused and forced to live in a “house of horrors” has been drastically slashed after trial....more

Mentally Disabled Immigrants Win Legal Representation

by Matt Mayes | Lawyers.com on 5/16/2013

Jose Antonia Franco-Gonzalez spent nearly five years in detention, separated from his mother after his deportation case was closed. Severe mental impairment prevented him from defending himself....more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/16/2013

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks

by Cory Fox, Lynn Sessions | BakerHostetler on 5/8/2013

Adding yet another wrinkle to the nation’s contentious gun control debate, the U.S. Department of Health and Human Services (HHS) has released an Advance Notice of Proposed Rulemaking (ANPRM) soliciting information and public...more

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

German Companies Fired Memphis Employee Due to Bipolar Disorder, Federal Agency Charged - MEMPHIS, Tenn. - Probat, Inc. and Probat Burns, Inc., d/b/a Bauermeister, Inc., German-based companies which roast and grind...more

$240M to Disabled Workers Abused in Company’s ‘House Of Horrors’

by Sylvia Hsieh | Lawyers.com on 5/6/2013

A turkey processing company has been ordered by a jury to pay a whopping $240 million for paying mentally disabled workers 41 cents per hour and housing them in a rodent-infested “house of horrors.”...more

$7.7M for Patient’s Death During Struggle With Caregivers

by Sylvia Hsieh | Lawyers.com on 5/1/2013

A jury awarded $7.7 million for the death of a patient who suffocated during a struggle with her caregivers. Thirty-three year old Lauren Arcady was developmentally disabled, suffered from schizophrenia, and had a...more

Firearms Debate Triggers OCR Request for Comments

by Dianne Bourque, Kimberly J. Gold | Mintz Levin - Health Law on 4/24/2013

Gun violence is a hot topic in the wake of the Newtown shootings and the aftermath of last week’s Boston Marathon bombings, and now health privacy has joined the debate....more

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

by Lawyers.com on 4/22/2013

Millions of patients take selective serotonin reuptake inhibitors (SSRIs) for depression, anxiety and other disorders. One out of 10 people in the United States use antidepressants, making them one of the most widely...more

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

9/11 and Mental Health

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 4/16/2013

It is no exaggeration to say that the 9/11 terrorist attacks inflicted psychological and emotional trauma on Americans from coast to coast — and indeed, on people around the world. No one alive on that infamous day can ever...more

Weekly Law Resume - April 12, 2013: Common Law Right of Privacy – No Requirement of Written “Publication”

by Mandy Arjmand | Low, Ball & Lynch on 4/15/2013

Ignat v. Yum! Brands, Inc - Court of Appeal, Fourth District (March 18, 2013) - Traditionally, a common law right of privacy based on the disclosure of private facts required that there be a written “publication” of...more

Worker with Panic Attacks Wins $21M Discrimination Verdict

by Sylvia Hsieh | Lawyers.com on 3/8/2013

A worker who was fired for her panic attacks won a $21.7 million jury verdict against her employer, including $16.5 million in punitive damages for the employer’s malice....more

HIPAA, Gun Control, and President Obama's Executive Actions: What You Need to Know

by Cory Fox | BakerHostetler on 2/8/2013

All of the excitement surrounding the publication of the HIPAA Omnibus Final Rule may have overshadowed another very important development in health information privacy. On January 16, 2013, the Obama Administration released...more

The Effect Of Mental Competency In Death Penalty Cases

by The Law Offices of Tacopina Seigel and... on 2/6/2013

Prosecutors and Jared Lee Loughner, who shot Arizona congresswoman Gabrielle Giffords, killed six people and injured 13 others in a shooting rampage at an Arizona political gathering, reached a plea deal in August 2012. Under...more

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

by Jeff Nowak | Franczek Radelet P.C. on 1/31/2013

I came across an interesting FMLA case this past week, and the facts are simple enough that it kept my attention. [In the age of Twitter and Facebook, anything beyond a 30-second sound byte and you might as well give me a...more

Disability Policy’s Mental Illness Limitation Upheld by Ninth Circuit in Fibromyalgia Case

by Julie Kim, John T. Seybert | Sedgwick LLP on 1/23/2013

In Maurer v. Reliance Standard Life Insurance Co., No. 11-16044, 2012 WL 6101903 (9th Cir. Dec. 10, 2012), the Ninth Circuit interpreted a policy provision favorably for insurers, holding that a policy’s mental nervous...more

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

by Ari H. Gerstin | Akerman Senterfitt on 11/30/2012

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA

by Proskauer - California Employment Law on 1/1/2012

Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient...more

Spurred by Herald Report, Florida Cracks Down on 17 Assisted Living Facilities

by Jonathan Rosenfeld - Chicago Personal Injury... on 11/4/2011

An investigation by the Miami Herald into conditions at dozens of assisted living facilities has prompted a crackdown by Florida’s state regulatory agency, the Agency for Health Care Administration (AHCA). “They’re...more

Tardive Dyskinesia in the Elderly

by Sandra Radna on 5/2/2011

protecting elderly family members and clients from improper medication while in a nursing home....more

Tardive Dyskinesia in the Elderly

by Sandra Radna on 5/2/2011

How to protect family members or clients in nursing homes from improper medications...more

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Does "I Quit" Really Mean I Need FMLA Leave?

Record $240M Award for Abuse of Disabled Workers Slashed to $1.6M

Mentally Disabled Immigrants Win Legal Representation

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

California Employment Law Notes - May 2013

HHS Considers Amending HIPAA Privacy Rule to Permit Disclosure of Mental Health Information for Firearm Background Checks

Probat/Bauermeister to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

$240M to Disabled Workers Abused in Company’s ‘House Of Horrors’

$7.7M for Patient’s Death During Struggle With Caregivers

Firearms Debate Triggers OCR Request for Comments

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

The Employment Law Authority - March/April 2013

9/11 and Mental Health

Weekly Law Resume - April 12, 2013: Common Law Right of Privacy – No Requirement of Written “Publication”

Worker with Panic Attacks Wins $21M Discrimination Verdict

HIPAA, Gun Control, and President Obama's Executive Actions: What You Need to Know

The Effect Of Mental Competency In Death Penalty Cases

Why Must Employers Train Their Managers About The FMLA? Here Are 1.2 Million Reasons Why

Disability Policy’s Mental Illness Limitation Upheld by Ninth Circuit in Fibromyalgia Case

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

Teacher With Expired Teaching Certificate Was Not "Qualified" Within The Meaning Of The ADA

Spurred by Herald Report, Florida Cracks Down on 17 Assisted Living Facilities

Tardive Dyskinesia in the Elderly

Tardive Dyskinesia in the Elderly

Lawsuits Claim SSRIs Can Cause Severe Birth Defects [Video]

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