Worker’s Compensation Denial: RICO Claim Recognized
The Sixth Circuit Court of Appeals has allowed a lawsuit based on the Racketeer Influenced and Corrupt Organizations Act (RICO) based on an alleged fraudulent wrongful deprivation of an employee’s entitlement to benefits under Michigan’s Wor
Social Networkers Have Nowhere to Hide
“Privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking.” Pretty harsh-but also pretty accurate. This is the language from the judge in a ruling in the 2010 New York
Claimant Training Day: The Recent Development of “IME Prep”
Recently, a Claimant attorney and two orthopedic surgeons have published “IME Prep,” an instructional DVD series created by Atlanta Claimant’s attorney Rob Hendrix. IME Prep is designed to educate claimants and their counsel about what goe
GOOD NEWS FROM THE GEORGIA SUPREME COURT
Today, the Georgia Supreme Court granted a writ of certiorari for the case of Arby’s Restaurant Group, Inc., et. al. v. Laura S. McCrae, Court of Appeals Case No. A11A1021. Since the Court of Appeals issued their ruling last December, claim
Intensive Care Nurse: Regular Attendance and the ADA
In the case of a neo-natal intensive care nurse, regular attendance really is an essential function of the job. On April 11, 2012, the Ninth Circuit Court of Appeals rejected an Americans With Disabilities Act lawsuit brought by a nurse with fib
Increased Overtime Lawsuits
A recent USAToday article “More American Workers Sue Employers for Overtime Pay” notes a reported 32% increase in such lawsuits from 2008 levels. The most common overtime claims focus on: Working off the clock through breaks and before or af
2012 Verizon Data Breach Investigative Report
Each year since 2004, Verizon has released a Data Breach Investigative Report. The 2012 Report (based on 2011 data) is now available. The Report, which contains a compilation and analysis of reported breaches, should be of interest to busin
DATA PROTECTION WEEKLY SPECIAL EDITION
Each year since 2004, Verizon has released a Data Breach Investigative Report. The 2012 Report (based on 2011 data) is now available. The Report, which contains a compilation and analysis of reported breaches, should be of interest to bus
H-1B SEASON FOR FISCAL YEAR 2013 BEGINS APRIL, 2, 2012
Monday April 2, 2012 marks the first day of the cap filing season for Fiscal Year (FY) 2013 H-1B petitions. The United States Citizenship and Immigration Services (USCIS) will begin receiving H-1B petitions on that date. However, the ear
Employee Blog Creates Employer Liability
A California Appeals Court confirms in Espinoza v. Orange County an employee’s disability harassment claim based in part on a co-employee’s off-work blog. Plaintiff filed a complaint against the county government defendant for discriminatio