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USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight

Law360, May 29, 2015 - "U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees , ending a yearslong fight over Freedom of Information Act requests, according to a court order made available Thursday. U.S. Magistrate...

No Apologies, But Feds Pay $350K to Deported American Citizen

Professor/blogger Jacqueline Stevens writes : " Andres Robles was 19 years old in 2008 when Immigration and Customs Enforcement (ICE) agents in Louisiana ignored his claims of U.S. citizenship, as well as their own files that readily affirm this status, and deported him to Mexico for three years...

Why Are I-9 Lessons So Hard to Learn? - The Abercrombie & Fitch Files

You'd think a million-dollar fine would have hammered home the lesson. Nearly five years ago, that's what retailer Abercrombie & Fitch paid ICE to settle an I-9 audit beef. Seems the company's hand-crafted, artisanal electronic I-9 system dropped a stitch here and there, big time . ...

USCIS Policy Memo: Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement

"The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement, in light of the recent agreement entered into...

Lawyer Threatened With Contempt For Leaking Family Detention Documents

"A federal judge has threatened to hold an immigration attorney in contempt of court after he leaked to McClatchy confidential settlement documents in a high-stakes legal battle over family detention. U.S. District Judge Dolly Gee of the Central District of California has ordered New York lawyer...

The Price For Deporting an American Child? $32K (Ruiz v. USA)

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs...

DHS, Immigrants Reach Deal Over Delays In Reasonable Fear Interviews (Alfaro Garcia v. Johnson) - Law360

Law360, July 8, 2015 - " A class of immigrants who fear persecution in their home countries reached a settlement with federal officials Tuesday in California district court over delays in interviews with asylum officers, with the government agreeing to make a decision on such fear claims within...

Enbridge Kalamazoo Oil Spill: State Consent Order

How are major oil spill claims handled in the US? For a fascinating glimpse across the border, Enbridge-consent-judgment is a copy of the multimillion dollar consent order between the State of Michigan and Enbridge over the billion dollar, three-million-litre oil spill into wetlands and the Kalamazoo...

$20M Settlement Reached in H-2B Trafficking Case Against Signal Intl.

First, watch this video . - "Daniel Werner, SPLC senior supervising attorney, speaks about the SPLC’s lawsuit against Signal. The legal team received the Public Justice Foundation’s Trial Lawyer of the Year award for its work on the case." "A $20 million settlement agreement...

Barnes & Thornburg LLP: HIPAA Settlement – Improper Storage Of EPHI

By Stacy L. Cook On July 10, 2015, the Office for Civil Rights (OCR) announced a HIPAA settlement with St. Elizabeth’s Medical Center (SEMC), a tertiary care hospital in Brighton, Massachusetts. SEMC has agreed to pay $218,400 and adopt a robust corrective action plan. The settlement is the...

DOJ Reaches Settlement With Joe Arpaio, Maricopa County

"The Department of Justice’s Civil Rights Division announced today that it has reached a partial settlement in its civil rights lawsuit against Maricopa County, Arizona, and Maricopa County Sheriff Joseph M. Arpaio. The settlement resolves the United States’ claims that the Maricopa...

H-2A Wage Lawsuit Settled...Seven Years Later

"After seven years of legal battling, 66 farmworkers from Mexico’s Colima state have been fully paid for work in orchards and vineyards in the Sacramento-San Joaquin Delta. Even though the workers’ claims have been settled, a farm labor contractor and four growers continue to deny...

Judge: ICE Violated Landmark Settlement Agreement, Must Release Refugee Moms, Kids

"Defendants do not satisfactorily explain why the Agreement, after being in effect since 1997, should only now encourage others to enter the United States without authorization. Nor do Defendants proffer any competent evidence that ICE’s detention of a subset of class members in secure, unlicensed...

ICE, Nashville Cops Settle Warrantless Immigration Raid Lawsuit: Escobar v. Gaines

"The American Civil Liberties Union announced a settlement in a federal lawsuit filed on behalf of victims of a warrantless raid in Nashville, Tennessee, by U.S. Immigration and Customs Enforcement agents and Metropolitan Nashville Police Department officers. ICE and MNPD agreed to pay $310,000...

Two Courts Hold That Adjuster Can Be Personally Liable For Wrongful Claims Handling Conduct

Needless to say, claims adjusters won’t be happy with the Texas federal court’s decision in Linron Properties v. Wausau Underwriters Insurance Co., No. 15-293 (N.D. Tex. June 16, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. The court held...

Supreme Court Allows Excess Insurer’s Bad Faith Claim Against Primary

Tapas: Small Dishes of Insurance Coverage News & Notes The Supreme Court of Hawaii held that “an excess liability insurer can bring a cause of action, under the doctrine of equitable subrogation, against a primary liability insurer who in bad faith fails to settle a claim within the limits...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

PA Supreme Court Gives Policy Holders Right to Settle Without Insurer Approval

By Michael R. Kelley Insurance coverage counsel have been anxiously awaiting the Pennsylvania Supreme Court's decision in Babcock & Wilcox Co. v. Am. Nuclear Insurers , 2015 Pa. Lexis 1551 (July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance...

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers , 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Supreme Court of Pennsylvania, deciding a matter of first impression within the Commonwealth...

Neb. Meatpacking Co. to Pay $200K Fine to Settle Citizenship Discrimination Claim

"The Justice Department announced today that it reached a settlement with Nebraska Beef Ltd., a meat packing company headquartered in Omaha, Nebraska. The settlement resolves an investigation by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) into whether...

Babcock & Wilcox v. American Nuclear Insurers: Why Insurers Are The Real Winners In Pennsylvania High Court’s Adoption Of Arizona’s Morris Rule

Justice Stanley Feldman (Ret.) Of The Arizona Supreme Court -- Author of Morris -- Provides Comment [Disclosure: I, along with two colleagues, filed an amicus brief with the Pennsylvania Supreme Court, in Babcock & Wilcox Company v. American Nuclear Insurers, on behalf of an insurance industry...

Insurer’s Duty to Defend Did Not Arise until Insurer Was Provided with All Necessary Information to Determine the Existence of Coverage

Carrier’s Right to Control the Defense Includes the Right to Appoint Counsel of Its Choosing and to Settle Claims without the Participation of the Insured Travelers Prop. Cas. Co. of Am. v. Kaufman & Broad Monterey Bay, Inc ., 2015 U.S. Dist. LEXIS 16952 (N.D. Cal. Feb. 11, 2015) [subscribers...

Utilization Review Addresses Medical Necessity, Not Manner of Payment: Cal. Comp. Cases September Advanced Postings (8/26/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Murphy v. WCAB , lexis.com ,...

USCIS Policy Memo: Duran Gonzalez Settlement Implementation (Aug. 25, 2015)

SUBJECT : Additional Guidance for Implementation of the Settlement Agreement in Duran Gonzalez v. Department of Homeland Security—Adjudication of Requests for U.S. Citizenship and Immigration Services (USCIS) Motions to Reopen Certain Consent to Reapply and Adjustment of Status Applications Filed...