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Food Fight: DOJ Sues Nebraska Beef Over $200K Immigration Settlement

Janice Podsada, Omaha World-Herald, Oct. 14, 2015 - "What’s in a phrase? In this case, $200,000, according to the U.S. Justice Department and Nebraska Beef Ltd. Nebraska Beef, an Omaha-based beef processor, is objecting to the wording the Justice Department used in a press release describing...

Nevada Cab Companies Settle Immigration Discrimination Case: $445K Penalty

DOJ, Oct. 20, 2015 - "The Justice Department announced today that it reached an agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow...

IJ Tabaddor's First Amendment Rights Vindicated, DOJ Capitulates

Cooley LLP, Nov. 3, 2015 - "Cooley announced today the resolution of a suit against the Department of Justice ("DOJ") on behalf of sitting Immigration Judge A. Ashley Tabaddor. The lawsuit challenged an order imposed by the DOJ recusing Judge Tabaddor indefinitely from all cases involving...

Late Breaking News from the Delaware Supreme Court on the Meaning of the Word “Resolved”

Folks, this is what many of you have been waiting for. The latest word from the Supremes on whether describing the nature of injury on an Agreement as to Compensation tendered by the Employer to include the word “resolved” precludes a future claim for permanent impairment….and by extension...

New York: Employee May Obtain Nunc Pro Tunc Approval of Settlement Only if Suit Is Actually Filed

Where an injured employee never commences a third-party action to recover for injuries arising out of the same incident as his or her workers’ compensation claim, but settles the claim for less than the amount of compensation he or she has received, a New York trial court is without authority to...

Insured Not Required to Plead Existence of a Within-Limits Settlement Demand in Order to State a Claim for Bad Faith Failure to Settle

In Aspen Specialty Ins. Co. v. Willis Allen Real Estate , the district court denied a liability carrier’s motion to dismiss an insured’s bad faith claim for failure to effectuate a settlement within policy limits despite the fact that the complaint failed to allege a within-limits demand...

Jury Verdict Round-Up: Top 5 Star Wars Verdicts and Settlements

With the new Star Wars film set to release, the fan frenzy is about to kick into hyperdrive and the attorney editors on the Jury Verdict team are ready to geek out with the rest of the world. In the spirit of the upcoming release, we decided to search our database for jury verdicts and settlements that...

Record $2.8M Settlement Reached in Nevada H-2A Lawsuit: Rivera Rivera v. Peri & Sons Farms, Inc.

Law360, Dec. 16, 2015 - "A Nevada federal judge signed off Tuesday on a $2.8 million settlement between an onion farm and H-2A visa workers who claimed they had been shorted on pay and weren’t reimbursed for travel and immigration-related expenses."

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

California: Defendant Found Responsible for EDD Lien When Lien Not Resolved Prior to Approval of Compromise and Release

In Borbeck v. ACE Building Maintenance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s order requiring the defendant to pay EDD $33,921.68 in satisfaction of EDD’s lien for unemployment compensation paid to the applicant. The WCAB found that unemployment compensation payments...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Johns Mansville, self insured...

Nebraska Farm Avoids H-2A Debarment, Pays $270K - DOL v. Daniels Produce, LLC

Braden Campbell, Law360, Apr. 6, 2016 - "A family-owned farm in Nebraska has agreed to pay $250,000 in back wages to 89 temporary foreign workers it employed through the H-2A visa program, according to a recent order issued by the U.S. Department of Labor's Office of Administrative Law Judges...

NFL Concussion Class Action Settled

On April 22, 2015, Federal District Judge Anita B. Brody approved a class action settlement that resolves lawsuits brought against the National Football League (NFL) by former players who alleged that the NFL failed to inform them of and protect them from the risks of concussions in football. The settlement...

$20K Settlement for American Citizen Locked Up By ICE: Ocampo v. Harrington

NIJC, May 2, 2016 - "A U.S. citizen arrested by U.S. Immigration and Customs Enforcement (ICE) at his home in 2012 and held in immigration detention for seven days has been awarded $20,000 in damages as part of an agreed judgment entered by a federal district court judge in central Illinois. ...

The Compromise and Release and the Hidden Glitches of “Paragraph 3”

After a Compromise and Release (C&R) has been drafted, executed and approved, it is common for parties to feel confident that they have resolved all relevant issues in a case. Defendants proceed to close out their files and move on, only to be unpleasantly surprised a while later, when applicant...

H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS

Rubman v. USCIS, May 25, 2016, Joint Stipulation of Dismissal -"1. Defendants agree to continue processing their response to Mr. Rubman’s May 10, 2012, FOIA request, which is assigned USCIS case number COW2012000535, in good faith and in accordance with the parties’ prior agreement,...

California Skilled Nursing Facility Settles Immigration-Related Discrimination Claim, Pays $24K Penalty

DOJ, May 31, 2016 - "The Justice Department reached a settlement agreement today with Villa Rancho Bernardo Care Center (VRB), a skilled nursing facility in San Diego. The agreement resolves the department’s investigation of VRB for discrimination against work-authorized non-U.S. citizens...

Immigration Class Action Settlement: Lyon v. ICE

ACLU, June 14, 2016 - "In a first of its kind class action settlement , the U.S. Immigration and Customs Enforcement agency (ICE) has agreed to change its policies in four Northern California detention centers, ending severe restrictions on telephone use that make placing outgoing calls nearly impossible...

West Virginia: Insurer Has No Subrogation Interest Since Benefits “Paid” Under Policy Were Less than Employer’s Large Deductible

Under the West Virginia subrogation statute [W. Va. Code § 23–2A–1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries when he was struck and run over by an underground shuttle...

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action...

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. City of Los Angeles (Los Angeles...

$200K Penalty for Bad I-9 Practices

DOJ, June 27, 2016 - "The Justice Department reached an agreement today with Crookham Company to resolve the department’s allegations that the company discriminated against work-authorized non-U.S. citizens, in violation of the Immigration and Nationality Act (INA). Crookham, which is based...

Breaking: Flores Settlement Interpreted by Ninth Circuit

Flores v. Lynch, July 6, 2016 - "Although the issues underlying this appeal touch on matters of national importance, our task is straightforward — we must interpret the Settlement. Applying familiar principles of contract interpretation, we conclude that the Settlement unambiguously applies...

DOJ Settles Illegal Citizenship Requirement Dispute with Podiatry Residency Programs, AACPM

DOJ, June 20, 2016 - "The Justice Department announced today that it has reached agreements with 121 podiatry residency programs and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens in violation...