The United States Supreme Court issued a decision recently that will almost certainly curtail numerous meritorious claims. In the case of American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court ruled in a 5-3 decision that corporations can force arbitration on small businesses and individuals even when it […]
Russian City Still Mining Tons of Asbestos
It’s hard to believe that in 2013, a city in Russia is still mining asbestos at maximum capacity. Considering the amount of scientific knowledge that Russia has, this is a testament to the power of the asbestos industry. Not only is the mine operating at a high rate, but the […]
Workers’ Comp: Update on House Bill 1011 – Commissioners Likely To Be Purged
I am late with an update on House Bill 1011, which I originally blogged about here. As noted in the previous post, the Full Commission is the governing body of the Industrial Commission, setting policy and procedures and deciding cases appealed from the deputy commissioners’ decisions. House Bill 1011 clears […]
Workers’ Comp: Suing Uninsured Employers – Did the Court of Appeals Open the Door?
One of the most common questions my clients with workplace injuries ask me is whether they can sue their employer for negligence. This question is not surprising, and it doesn’t mean that my clients are litigious gold-diggers. The workers’ compensation system provides only a limited recovery to injured workers, without […]
Workers’ Comp: General Assembly Confirms New Chair of Industrial Commission
On Thursday, the General Assembly confirmed Andrew T. Heath as Governor McCrory’s first appointed Commissioner to the North Carolina Industrial Commission. We have learned today that Mr. Heath has begun his duties. Mr. Heath will assume the role of Chair of the Commission, essentially the head of the agency. He […]
Workers’ Comp: New Bill Filed to Clear Industrial Commission
The six Commissioners of the North Carolina Industrial Commission are the chief administrators and judges of the Commission. Guided by the Workers’ Compensation Act, the Commissioners manage the Commission and help set its policies and procedures. The Commissioners also act as the final judges of all contested cases that go […]
Hospice of Arizona to Pay $12 Million to Resolve False Claims Act Allegations
Hospice of Arizona, along with a related entity, American Hospice Management LLC and their parent corporation, American Hospice Management Holdings LLC, have agreed to pay $12 million to resolve allegations that they violated the False Claims Act by billing Medicare for ineligible hospice services. The Medicare hospice benefit is available […]
National Asbestos Awareness Week Reminds of Asbestos Dangers
As a result of the US Senate unanimously passing Senate Resolution 66, the first week of April will be known as National Asbestos Awareness Week. Senator Max Baucus (D-MT) sponsored the resolution, with the intention of highlighting April 1st – 7th, 2013, for the purpose of reminding the public about […]
New York Times Reports on Difficulties Exonerees Face
The New York Times published a story last week highlighting the difficulties many exonerees face. The Times article focuses on Robert Dewey, a Colorado resident who spent 18 years in prison for a murder he did not commit. With the help of the Innocence Project and DNA testing that organization […]
National Law Journal Highlights Importance of Arbitration Case Before US Supreme Court
A recent article in the National Law Journal highlights the critical importance of a case pending before the United States Supreme Court. The case, American Express Co. v. Italian Colors Restaurant, was argued before the Supreme Court on February 27, 2013. The case involves interpretation of the Federal Arbitration Act, […]