LexisNexis® Legal Newsroom
Daniel M. Kowalski
Migratory Notes 55 (Mar. 8, 2018)

Migratory Notes 55 (Mar. 8, 2018) - Suing California, DACA date, forensic art...and much, much more!

Daniel M. Kowalski
CA2 on Retroactivity: Obeya v. Sessions

Obeya v. Sessions, Mar. 8, 2018 - "Clement Obeya, a lawful permanent resident of the United States, was convicted of petit larceny under New York law. The government sought to remove Obeya for his conviction, treating it as a “crime involving...

Daniel M. Kowalski
CA9 on REAL ID, Credibility: Dai v. Sessions

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The...

Thomas A. Robinson
Maryland: AWW for Newly-Hired Worker Need Not Be Based on Actual Earnings

Stressing that for some newly-hired employees, the actual earnings before the injury may not accurately represent what the employee normally would earn from the employer, a Maryland appellate court held that where a newly hired worker’s actual hours...

Thomas A. Robinson
Ohio: Independent Contractor May Not Maintain Retaliatory Discharge Action

Where a worker admitted that he was responsible for his own equipment, provided his own labor and equipment, and was responsible for his own Workers' Compensation insurance, it was appropriate for the fact-finder to determine that he was an independent...

Thomas A. Robinson
Arkansas: Deputy Sheriff Was Independent Contractor at Grocery Store

A deputy sheriff who provided security services at a grocery store was an independent contractor; he was not an employee of the store, held an Arkansas appellate court. The court noted that the sheriff’s department required that the deputy secure...