Browse By Tags

The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and...

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations...

Here’s the first batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights...

Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after...

In Segedie v. The Hain Celestial Group, Inc. , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], a trial court in the Southern District of New York held that plaintiffs had properly stated a claim of consumer fraud...

On June 12, 2013, the U.S. District Court for the District of New Jersey denied Tropicana’s motion to dismiss a false advertising suit. In Lynch v. Tropicana Products, Inc. , the plaintiffs alleged that the juice’s label falsely claimed that...

By Stefanie Jill Fogel and Mary B. Langowski A federal judge in California has given the go-ahead for most claims in a lawsuit against Whole Foods Market based on the retailer’s use of the term “all natural” to proceed. The suit,...

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United...

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court...

By J. Wylie Donald “Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...

The Massachusetts Oil Spill Prevention Act (OSPA) was enacted following an oil spill in Buzzards Bay. [As the appellate court notes, Buzzards Bay is a scenically beautiful body of water. See also http://en.wikipedia.org/wiki/File:Buzzards_Bay_map.png...

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked...

A series of stakeholder meetings on Toxic Substance Control Act (TSCA) (15 U.S.C. § 2601 et seq. ) "reform" began in the Senate on June 21, 2011. Billed as bipartisan stakeholder talks, these meetings may bring us closer to a viable TSCA...

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law...

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case...