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Date:
September 22, 2014
Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends that employers would do well to heed in the years ahead.
September 12, 2014
Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the Section 105(c) preliminary temporary reinstatement stage of a miner’s discrimination case. The ALJ’s Order provides persuasive authority for mine operators where a miner refuses temporary reinstatement and instead desires to be paid his or her wages without working during the pendency of the discrimination complaint. The ruling also will undoubtedly impact how mine operators analyze their defense strategy for discrimination cases going forward.
September 11, 2014
On August 27, 2014, the Ohio Supreme court issued its unanimous opinion in State, ex rel. Floyd v. Formica Corp., 2014-Ohio-3614, ruling that where a claimant voluntarily retires from the workforce following an injury, he or she becomes ineligible for a new period of temporary total disability while recovering from a post-retirement surgery. Formica was represented in this case by Dinsmore Partner Joan Verchot.
September 8, 2014
The United States Drug Enforcement Administration (“DEA”) elevated Hydrocodone combination medications, including Vicodin, from a Schedule III to a Schedule II Controlled Substance. The reclassification was published the Final Rule for the Controlled Substances Act (“CSA”) in the Federal Register on August 22, 2014. The new rule will take effect on October 6, 2014.
September 3, 2014
Beginning July 15, 2014, the Uniform Trust Code (the “UTC”) became effective in the Commonwealth of Kentucky. In becoming the 28th state to adopt the UTC, Kentucky updated its trust laws with a code designed to provide a comprehensive set of rules for trust governance. The UTC applies both to newly enacted trusts and to trusts which were in existence prior to the effective date. Because of this, anyone who deals with trusts needs to be cognizant of the changes to Kentucky trust law. While commentary on the UTC could fill volumes, we have highlighted seven of the most important changes to Kentucky law for you.
September 2, 2014
2013 proved to be another record-setting year for False Claims Act lawsuits, the largest of these recoveries related to health care fraud. The Department of Justice (“DOJ”) secured $3.8 billion from False Claims Act settlements and judgments during the 2013 fiscal year.
August 2014
August 7, 2014
August 5, 2014
In the Summer 2014 issue of the West Virginia Banker, Jacob Manning addresses some of the issues that commonly arise with governmentally-mandated standby letters of credit and summarizes what the Institute of International Banking Law & Practice’s Task Force is working to accomplish.
August 2014