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Many legal commentators interpreted the United States Supreme Court’s April 11 decision in ‘AT&T Mobility v. Concepcion’ as the death knell of consumer class actions. In AT&T, a divided Supreme Court held that the Federal Arbitration Act preempts, or invalidates, any state law which established a higher threshold for enforceability […]

It has long been an axiom of workers’ compensation in North Carolina that the employer ‘directs medical care.’ In other words, once an employer accepts responsibility for a claim, the employer gets to choose the injured worker’s doctor. Obviously, the choice of doctor can have a tremendous impact on an […]

When the World Trade Center was built decades ago, asbestos was used as a building material, including as fireproofing that was sprayed onto the beams of the building during construction. A number of workers who were involved in the construction later developed asbestos related diseases like malignant mesothelioma (a virulent […]

A new national consumer protection agency has begun work on behalf of American consumers. The Consumer Financial Protection Bureau (CFPB) was established in June 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new agency is charged with ensuring consumers have the information they need […]

To suspend an employee’s benefits for failure to comply with vocational rehabilitation the employer must file a petition with the Industrial Commission. After a telephonic hearing, the Commission then renders a decision. But what must the employer prove to suspend benefits? In Powe v. Centerpoint Human Resources, the Court of […]

1. According to the News & Observer piece, NC-OSHA reforms that were implemented after the tragic fire at the chicken plant in Hamlet have begun to slip. The article cites a sharp drop in both inspections and citations: ‘N.C. OSHA inspections and citations have dropped sharply. Total citations sank to […]

In Capps v. Southeastern Cable, the employee was hired by Southeastern to install cable TV an internet service for Time Warner cable customers. Southeastern told its installers that they were being hired as independent contractors rather than employees. Installers were required to provide a certificate of insurance showing that they […]

The 12th Report on Carcinogens was released by U.S. Department of Health and Human Services Secretary Kathleen Sebelius on June 10, 2011. The Report on Carcinogens is prepared by the National Toxicology Program. The purpose of the congressionally mandated and science-based document is to identify substances and exposure circumstances that […]

The highly publicized case of Jamie Leigh Jones, the woman who alleged she was assaulted while working for defense contractor KBR, demonstrates that juries should be trusted. Ms. Jones claimed that during her employment for KBR in Iraq, she was drugged and raped by a company employee. When she asserted […]

The most conservative United States Supreme Court in nearly a century recently continued its assault on the constitutional rights of ordinary citizens harmed by corporate wrongdoing. In the case of AT&T v. Concepcion, the Supreme Court told corporations that they could write into the fine print of most any contract, […]