Boxer Floyd Mayweather Jr. Sued For Alleged Assault

LAS VEGAS - (AP) A Nevada man claims boxer Floyd Mayweather Jr. directed his bodyguards to attack him at a Las Vegas casino last year after the man tried to take a photograph of the undefeated champion and asked about a fight with another star boxer, according to a lawsuit filed Friday. . . . Full version...

Farm workers at risk: EEOC wins NW harassment settlements

"The federal Equal Employment Opportunity Commission sues a series of Northwest employers for letting foremen harass and assault immigrant workers. Civil rights attorneys say abused farm and janitorial workers are just starting to come forward." - Eric Scigliano, Oct. 26, 2011 .

Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)

Matter of GUERRERO , ID 3732, 25 I&N Dec. 631 (BIA 2011) - (1) Because solicitation to commit a “crime of violence” is itself a crime of violence under 18 U.S.C. § 16(b) (2006), a felony conviction for solicitation to commit assault with a dangerous weapon in violation of section...

Five Recent Workers’ Comp Cases You Should Know About (12/2/2011) – Employee Assaulted by Company CFO at Office Party May Not Recover Tort Damages From Employer

Larson's Spotlight on Assault, Franchisor as Contractor, Average Weekly Wage, Death Benefits, and Insurance Coverage. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

CA5 on crime of violence: USA v. Esparza-Perez

"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does not, under existing precedent, constitute a crime...

No Evidence That Applicant’s Skin Cancer Was Insidious Disease Process: Cal. Comp. Cases June Advanced Postings (6/20/12)

Here’s the fourth batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Stephen J. Seavello , Petitioner v. Workers' Compensation...

Larson’s Spotlight on Recent Cases: Claimant’s Unpaid Work for Wife’s Business Did Not Constitute Fraud

Larson's Spotlight on Fraud, Unfair Settlement Practices, Penalty for Late Payment, and Altercation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Unpub. BIA: Head-Butting a Peace Officer Not a CIMT

"Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT. In order for assault on a police officer to qualify as a CIMT, there must be an intentional act combined...

EEOC opines on domestic violence, sexual assault, or stalking as Title VII and ADA violations

There is no federal law that expressly gives workplace rights to employees who find themselves victims of domestic violence, sexual assault, or stalking. That omission, however, does not unchain employers to discriminate against employees who find themselves in these unfortunate circumstances. Earlier...

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his 2011 conviction for assault on a public servant...

CA4 on Assault, Crime of Violence, Agg. Fel. - Karimi v. Holder

"Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus...

South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable

The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot and killed by her husband as she sat in her car in the employer’s parking lot during a regularly...

“Occurrence” Determined from Viewpoint of Insured – Intentional Act Not an “Occurrence”

By Barry Zalma, Attorney and Consultant An insurance policy must be interpreted to provide the protection the parties intended. It is not a device to protect against every possible incident and, by definition, can only insure against fortuitous events. This axiom of insurance law was enforced by the...

Missouri: Commission Re-defines Assault in a Bizarre On-the-Job Scuffle

The Missouri Commission decided a case in which a worker alleges his supervisor body slammed and choked him and the supervisor claims the worker started the whole thing and hit him in the mouth. The Commission found there was no “assault”, and that the ALJ wrongly denied benefits. Reis v...

BIA on Crime of Violence: Matter of Turou (unpub.)

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in the Second Degree statute to conduct that falls outside...

Pennsylvania: Attendant Care-Providing Mother's Injuries at Hands of Knife-Wielding Son Are Compensable

In a split decision involving bizarre circumstances, a Pennsylvania appellate court recently held that a woman employed under a state-funded program to provide attendant care services at her residence for her adult son, and who was brutally attacked by the knife-wielding son while she slept, may recover...

North Carolina: Inmate-Barber’s Tort Claim Related to Assault by Fellow Prisoner Is Barred by Exclusivity

The Court of Appeals of North Carolina recently held that a state prisoner, who worked in the prison barber shop, may not maintain an action under the state’s Tort Claim Act against the Department of Public Safety for negligently failing to restrain a high-security inmate who punched the plaintiff...

American Woman Says CBP Agent Assaulted Her at U.S.-Canada Border

"Carianne Borowski and her family have crossed the border to and from Canada countless times, but she says what happened to her at the Peace Bridge in December gives her nightmares. Carianne, her husband Matthew and their three kids are American citizens but now live in Ontario. They were in Buffalo...

CA9 En Banc on CIMT, Categorical Approach, CPC § 245(a)(1): Ceron v. Holder

Court Staff Summary : "The en banc court granted Ruben Adolfo Ceron’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for assault with a deadly weapon other than a firearm, in violation of California Penal Code § 245(a)(1), is a categorical...

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Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally impossible" crime for trial purposes. The Board...

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White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

By Dee Spagnuolo and Olabisi L. Okubadejo The White House Task Force To Protect Students from Sexual Assault has released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university campuses. The task force, created by...

Ninth Circuit Holds Extrinsic Facts Triggered Duty to Defend

In its decision in Burlington Ins. Co. v. CHWC, Inc ., 2014 U.S. App. LEXIS 3941 (9 th Cir. Mar. 3, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Ninth Circuit, applying California law, had occasion to consider an insured’s obligation...