Browse By Tags

A Georgia trial court erred when it granted summary judgment in favor of an employer in a civil action filed against it (and others) following the fatal shooting of an employee in a parking lot adjacent to the employer’s grocery store, when the...

Aguirre Barbosa v. Barr, June 6, 2019 Court Staff Summary: "The panel filed: (1) an order denying Respondent’s motion to depublish and granting the motion to amend the opinion filed on March 28, 2019, and appearing at 919 F.3d 1169; and ...

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal...

Insurance, as I have said often, only insures against fortuitous events. If the event is either contingent or unknown it can be insured against. In Smith v. Patton , Slip Copy, 2015 Wisc. App. LEXIS 547 (Wis.App., July 2015), [subscribers can access...

"The evidence in the record establishes that the nature and elements of the criminal offense of which the petitioner was a victim, robbery, are substantially similar to felonious assault under section 101(a)(15)(U)(iii) of the Act. Accordingly, the...

Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) - (1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property “without consent...

By Peter J. Gallagher ( @pjsgallagher ) The two or three of you Those of you who regularly read this blog or are familiar with some of the posts and articles I have written know that I am a fan of Justice Scalia. Not necessarily his judicial philosophy...

Legislation that requires all smartphones and tablets sold in California to come pre-equipped with theft-deterring technology that will render stolen devices useless has passed its first committee vote in the California Senate. Senate Bill 962, [ enhanced...

Finding that the “plain, clear, unmistakable, unambiguous, mandatory, and unequivocal language” of 85 O.S. 2011 § 313(G) mandated that private employers, hiring off-duty municipal employees, should alone be responsible for the payment...

How can public health departments and occupational safety organizations engage small retailers to participate in a workplace violence prevention program (WVPP)? Using a formal business networking organization might seem like an obvious first choice, but...

Substantial evidence supported the Commission’s finding that a restaurant employee was killed during the course and scope of his employment and, therefore, his survivors’ recover against the employer was limited to workers’ compensation...

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared...

Robbery—the crime involving sticky fingers that can get your entire hand amputated as a penalty in some cultures—is the leading cause of occupational homicide in the workplace and a known risk factor for employee injury. Some of the highest...

By John Stahl, Esq. The December 2012 incident at the Sandy Hook Elementary School is a recent example of a mass shooting affecting a person in a workplace (e.g., school principal) with whom the shooter has a prior relationship. A concurrent article...