News & Analysis as of

ALJ

Pennsylvania Superior Court Questions Voir Dire Procedure in Recent Opinion

by Steptoe & Johnson PLLC on

On May 14, 2018, the Pennsylvania Superior Court issued an Opinion in which it reversed the Allegheny County trial court’s denial of Plaintiffs’, Mendy Trigg, et al., Motion for a New Trial; vacated the judgment in favor of...more

OMHA to Host Call on Expanded Settlement Conference Facilitation on May 22, 2018

by K&L Gates LLP on

The Office of Medicare Hearings and Appeals (“OMHA”) recently expanded the Settlement Conference Facilitation (“SCF”) program, an alternative dispute resolution process, to allow more providers and suppliers with pending Part...more

ITC: Commission Amends Rules of Practice and Procedure

by Hogan Lovells on

On Tuesday May 8, 2018, the U.S. International Trade Commission (“ITC” or “The Commission”) published amended Rules (19 C.F.R. Parts 201 and 210) regarding practice and procedure in an effort to streamline and “improve the...more

ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval

by Jones Day on

Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission (“ITC”) might be able to enter the fray too. On April 18, 2018, the ITC issued a notice...more

When Your SSD Claim Is Denied

by Howard Ankin on

It is not uncommon for disability claims to be denied at one point or another during the Social Security Administration’s disability determination process. The final award rate has varied significantly for applicants seeking...more

New Rules Center On Multi-Investigations & 100-Day Proceedings Before the U.S. International Trade Commission

The U.S. International Trade Commission just published amendments to its rules of practice and procedure (“Commission Rules”), which will be effective for all Section 337 unfair importation investigations instituted after...more

California Regulatory Happenings for the Week of April 30, 2018

by Buchalter on

CPUC Commissioner’s Meeting - The next Commission meeting is scheduled for 5/10/18 in Fontana, CA. Items of Interest: #10 Decision establishing reentry fees and financial security requirements for CCA’s. R.03-10-003...more

Office of Medicare Hearings and Appeals To Hold Open Door Call on Upcoming Expansion of Settlement Conference Facilitation Program

by Arnall Golden Gregory LLP on

In preparation for the upcoming expansion of its Settlement Conference Facilitation (SCF) program, the Office of Medicare Hearings and Appeals (OMHA) has directed interested providers and suppliers to review the SCF Expansion...more

EEOC Issues Federal Workforce Report for 2015

Small Gains Made in Diversity, Discrimination Complaint Filings Rise Slightly - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today released its 2015 Annual Report on the Federal Workforce, showing...more

Are Mandatory OSHA Settlement Conferences Still Mandatory?

by Fisher Phillips on

Administrative Law Judges are increasingly exercising their discretion to waive mandatory settlement conferences for Occupational Safety and Health Administration (OSHA) citation contests with large penalties. The increased...more

ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

ITC Updates Its Rules of Practice and Procedure To Increase Speed and Efficiency

On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

South Carolina Tax Litigation Update: First Quarter 2018

by McNair Law Firm, P.A. on

There were several notable state tax opinions issued by the South Carolina Administrative Law Court, Court of Appeals, and Supreme Court in the 1st quarter of 2018. A number of tax cases are also pending before the Court of...more

ITC Updates Its Rules of Practice and Procedure

by Jones Day on

Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more

NLRB Finds Cocktail Waitress Was Illegally Fired For Voicing Workplace Complaints

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more

Appealing A South Carolina State Tax Case: Payment Or Bond?

by McNair Law Firm, P.A. on

Taxpayers who disagree with a proposed tax assessment issued by the South Carolina Department of Revenue (SCDOR or DOR) may or may not be able reach an agreement at the administrative level. When taxpayers and SCDOR cannot...more

Solid and Hazardous Waste/Recycling Developments 2017-2018: Walter Wright (Mitchell Williams) Arkansas Environmental Federation...

I undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste/Recycling Developments: 2017-2018 (“Presentation”) ...more

Not All Work Rules Fly Under Boeing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge finds confidentiality work rule unlawful under new standard set forth in The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”). ...more

Review Commission Requests Outside Comments From Interested Parties To Evaluate Workplace Heat Stress Case

by Jackson Lewis P.C. on

The Occupational Safety and Health Review Commission (OSHRC) is reviewing OSHA’s use of the general duty clause to issue citations against employers for heat-related hazards that are likely to cause death or serious bodily...more

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more

CMS Rolls Out Provider Appeals Settlement Efforts

This year CMS is rolling out two new programs aimed, finally, at helping to settle certain types of pending provider reimbursement appeals. The programs are the Low Volume Appeals Initiative and Settlement Conference...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The fate of SEC ALJs was debated this week before the Supreme Court. Despite the fact that the Commission and Solicitor General confessed error, switched sides and joined with Petitioner to argue that historically the agency...more

Is the International Trade Commission the Most Patent-Friendly Venue with a Complainant Success Rate Near 90%?

by Foley & Lardner LLP on

There are many advantages to pursuing relief for patent infringement in the International Trade Commission (ITC) compared to U.S. district court, but one that receives little attention is the success rate for complainants...more

Patent Day at the Supreme Court

by Dorsey & Whitney LLP on

Today the Supreme Court re-affirmed the validity of the Inter Partes Review (IPR) process in Oil States Energy LLC v. Greene’s Energy Group, LLC, but also made IPRs a somewhat more stringent process in its decision today in...more

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