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Disability

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2025

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This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive...more

Proskauer - Proskauer For Good

Tax-Advantaged ABLE Accounts for Individuals with Disabilities

According to a National Disability Institute report (available here), adults living with disabilities need 28% more income on average to achieve the same standard of living as those without disabilities. There are some tools...more

Carlton Fields

Case Closed: Overview of Life, Disability, and Long-Term Care Insurance Litigation

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In a split decision, the Tenth Circuit Court of Appeals recently affirmed summary judgment in PHT Holding I LLC v. Security Life of Denver Insurance Co., rejecting the plaintiff’s claim that the defendant-insurer breached the...more

Proskauer - Government Contractor Compliance...

What’s Next for OFCCP? Agency Issues First Statement After President Trump’s Revocation of EO 11246

On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order...more

Hogan Lovells

Key Implications for Consumer Hardware Manufacturers

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On 28 June 2025, the key requirements of Directive (EU) 2019/882 – also known as the European Accessibility Act or “EAA” – will take effect. The EAA is expected to lift barriers to accessibility across the EU, in turn...more

Blake, Cassels & Graydon LLP

Aperçu de la réglementation canadienne sur l’accessibilité des contenus Web pour 2025

La réglementation sur l’accessibilité des contenus Web qui s’appliquera aux entreprises du secteur privé exerçant des activités au Canada est toujours en cours d’élaboration. Le gouvernement fédéral a d’ailleurs récemment...more

Whitman Legal Solutions, LLC

Coffee Shops, By Law, Must Prohibit Most Dogs

Maryland law treats animals differently depending on whether they are a service animal, emotional support animal, or pet, I'll first discuss this distinction...more

White and Williams LLP

NJ and PA Workers' Compensation Benefits for 2025

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Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates...more

Chambliss, Bahner & Stophel, P.C.

Estate Planning for Parents of Children With Mental Illness

Mental illness in the United States is more common than most people may think. More than one in five U.S. adults live with a mental illness and one in six U.S. youth aged 6 to 17 experience a mental health disorder each year....more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Blake, Cassels & Graydon LLP

2025 Outlook on Canadian Web Accessibility Regulations

Web accessibility regulations that apply to private-sector businesses operating in Canada continue to develop. The federal government recently announced a consultation on the web accessibility obligations that federally...more

Chambliss, Bahner & Stophel, P.C.

A Comparison of Special Needs Trusts and ABLE Accounts

A special needs trust (SNT) and an Achieving a Better Life Experience (ABLE) account each provide a tax-free way for people with disabilities to save money. Both options provide a mechanism for saving money and protecting...more

Cozen O'Connor

Top Ten Reasons You Need an Elder Law Attorney

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As the chair of the Elder Law Practice Group, I see a lot of issues that the firm’s clients encounter in their personal lives. As we begin the new year, I thought it appropriate to write about the areas of our practice that...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

Marshall Dennehey on

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

Marshall Dennehey on

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Foster Swift Collins & Smith

Legal-Ease: Common Questions Surrounding Durable Powers of Attorney

Dear Jonathan: Can you please explain what the difference is between a financial durable power of attorney and a health care durable power of attorney....more

Bricker Graydon LLP

The Department of Labor is Looking to End Subminimum Wages for Individuals with Disabilities.

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On December 3, 2024, the Department of Labor (DOL) introduced a Final Rule to end an employer’s ability to pay individuals with disabilities subminimum wages under federal law....more

Bond Schoeneck & King PLLC

The U.S. Department of Labor’s Wage and Hour Division Proposes Rule to Phase Out Subminimum Wage Certificates Under the Fair Labor...

On Dec. 3, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Notice of Proposed Rulemaking to phase out the issuance of Fair Labor Standards Act (FLSA) Section 14(c) certificates that allow...more

Poyner Spruill LLP

Year End Review of the EEOC’s 2024 Litigation Docket

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Each year, the U.S. Equal Employment Opportunity Commission (EEOC) releases a report detailing the number and type of lawsuits the agency filed during the previous 12-month period. For fiscal year 2024 (October 1, 2023 to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Parker Poe Adams & Bernstein LLP

DOL Proposes Eliminating Special Minimum Wage for Disabled Workers

On Monday, the federal Department of Labor announced a proposed rule that eliminates a special subminimum wage for certain employees with disabilities under the Fair Labor Standards Act....more

Robinson Bradshaw

No Glue in the Classroom: A Commonality Conundrum

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Glue is an object commonly found in schools, yet the “glue” that binds class action commonality appears to be a scarce commodity for students with disabilities and their parents. In September 2024, the Fourth Circuit decided...more

Robins Kaplan LLP

A Landmark Victory for Disabled Homeless Veterans: Q&A with the Trial Team

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After a 16-day bench trial, U.S. District Judge David O. Carter ruled that the Department of Veterans Affairs (VA) must honor its commitment to provide housing and healthcare to veterans on the West Los Angeles VA Grounds....more

Otten Johnson Robinson Neff + Ragonetti PC

2024 Legislative Updates: New Landlord-Tenant Laws in Colorado

In response to Colorado’s limited affordable housing supply, the General Assembly recently enacted several laws affecting residential landlords and tenants. These new laws involve tenant evictions, occupancy limits, housing...more

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