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Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)
Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022) (1) Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) , is overruled. (2) Pending the outcome of the rulemaking process, immigration judges and the Board of Immigration of Appeals...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 Abrogates Matter of S-O-G- & F-D-B-!
Chavez Gonzalez v. Garland "We hold today that the IJs and BIA possess the inherent authority to terminate removal proceedings, abrogating Matter of S-O-G- & F-D-B-. We likewise conclude the BIA improperly denied Petitioner’s request...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Repeated Lifting Against Employer’s Direction Results in Firing for Insubordination
Where a restaurant worker initially sustained a back injury as he moved a heavy pot of chili and he was subsequently advised in writing not to lift anything without the restaurant owner’s express direction, his repeated unauthorized actions of lifting...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
Advance Copies of TPS Notifications for Sudan and South Sudan
This document is scheduled to be published in the Federal Register on 09/21/2017 - " Termination of the Designation of Sudan for Temporary Protected Status : The designation of Sudan for Temporary Protected Status (TPS) is set to expire on November...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
AAO Overturns Termination of EB-5 Regional Center: Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017)
Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017) - "We find that the positive indicia here outweigh the negative and, thus, conclude that the Applicant continues to promote economic growth and warrants preservation of its regional center designation...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Tennessee: Injury Covered in Spite of Claimant’s Resignation from Her Employment
Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that...
Larson's Spotlight
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Indiana: Injured Worker Recovers $412,680 in Retaliatory Discharge Action
Affirming a trial court’s entry of a judgment against a former employer for $412,680 in compensatory and punitive damages in a former employee’s retaliatory discharge action, an Indiana appellate court held that there were issues of fact as...
Cassandra Roberts
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
The Partnership Post: Termination Granted In DE With No Award of Temp Partial
This post is a salute to Andy Carmine, who recently made partner at Elzufon, Austin, Tarlov & Mondell, which represents a collection of talented lawyers and some of my favorite people. I told Andy that I wanted his next IAB decision for the blog,...
Cassandra Roberts
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
House of Cards with a Delaware Address: A Termination Denied and Dr. Medinilla’s Final Hearing
This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and...
Larson's Spotlight
over 11 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Five Recent Workers’ Comp Cases You Should Know About (10/21/2011) –Termination of Claimant for Failing to Provide Immediate Notice of Injury Upheld Over State’s 30-Day Time Period
Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits...
Larson's Spotlight
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federal: Oregon’s Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State
A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon...
Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Court OKs Termination of Injured Employee at End of FMLA Leave
An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Illinois: Where Trier of Fact Believes Employer’s Non-Pretextual Reason for Discharge, Employee Fails to Carry His or Her Burden of Proof
The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that...
Cassandra Roberts
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case
You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the...
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