LexisNexis® Legal Newsroom
Daniel M. Kowalski
Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time...

Thomas A. Robinson
North Dakota: Employee Misclassification Can Result in “Dual” Liabilities for Employer

Answering seven certified questions from a magistrate judge for the U.S. District Court for the District of North Dakota, that state’s Supreme Court concluded that to the extent that a worker could show that her purported employer intentionally...

Thomas A. Robinson
Minnesota: Injured Worker Could Pursue Relief Under Both State Workers’ Comp Act and the Longshore Act

The Supreme Court of Minnesota held that although the state’s Workers’ Compensation Act includes a provision on election of remedies for employees who work primarily outside the state, but are injured in Minnesota [Minn. Stat. § 176.041...

Thomas A. Robinson
Washington: High Court Clarifies Standard of Proof in Occupational Disease Cases

Stressing that in Washington, the proof of medical causation related to an occupational disease does not require “magic words,” the Supreme Court of Washington affirmed a lower court decision that sustained an award of workers’ compensation...

Thomas A. Robinson
New York: Surviving Spouse Receives Death Benefits for Employee’s Unwitnessed Death at Work

Under the general rule in New York, and many other jurisdictions, where an unwitnessed death occurs during the course of a decedent’s employment, a presumption arises that the death arose out of that employment [see N.Y. Work. Comp. Law § 21...

TaxAnalysts®
Nevada Judge Lifts Ban on Issuance of Marijuana Distribution Licenses

A Nevada district court judge on August 17 lifted his August 11 temporary restraining order prohibiting the Nevada Department of Taxation from issuing marijuana distribution licenses to anyone other than licensed wholesale alcohol distributors. Nevada...