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Getting a Grip on the AMA Guides

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth Edition (AMA Guides). The AMA Guides are very specific...

Supreme Court Hears Dispute Over Foreign Copyrights, Domestic Resale

WASHINGTON, D.C. — (Mealey's) After a 4-4 split on the issue just two years ago in Costco Wholesale Corp. v. Omega S.A . ( 131 S. Ct. 565 [2010]) [ enhanced version available to lexis.com subscribers ], the U.S. Supreme Court on Oct. 29 heard oral arguments in a case that poses the question...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

K&L Gates Team Wins Major Jury Verdict For Carnegie Mellon University In Patent Infringement Case

PITTSBURGH - A team of lawyers from global law firm K&L Gates LLP led Carnegie Mellon University (CMU) to victory over Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. in front of a Pittsburgh jury Dec. 26, winning a $1.1 billion verdict, K&L Gates announced in a press release. ...

New 2012 Trends for Missouri Worker's Comp

The Missouri worker’s compensation system faced many challenges in 2012 operating with a glut of litigated second injury fund cases, a legislature not inclined to provide a “fix”, and a short-staffed commission which has had an absent chair for nearly 6 months. Reported cases represent...

Publication Update: Immigration Law & Procedure - The Treatise

For those of you who subscribe to Immigration Law & Procedure (a.k.a. 'the Treatise,') here is a link to the latest updates . Not yet a subscriber? Call 800-458-9411 or go online .

Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery

It seems like they have been around much longer, but the first iPod ® was released by Apple Inc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac ® computers, loved by the likes of artists, designers and educators-but not the average cubicle jockey or...

Supreme Court Rejects "Anything That Floats" Test to Determine Vessel Status

By John E. Kawczynski Field Womack & Kawczynski, LLC . South Amboy, New Jersey In Lozman v. City of Riviera Beach, Florida, 2013 U.S. LEXIS 907 , 568 U.S. ____, 184 L. Ed. 2d 604 (Jan 15, 2013), the U.S. Supreme Court was asked to determine whether the City of Riviera Beach, Florida, properly claimed...

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U.S.C.S. § 901 et seq.). Where the compensation...

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other...

Massachusetts Jury Awards $63 Million To Girl, Parents For Children's Motrin Injuries

BROCKTON, Mass. - (Mealey's) A Massachusetts state court jury on Feb. 13 awarded $63 million to a family whose young daughter was severely injured by a reaction to Children's Motrin ( Lisa Reckis, et al. v. Johnson & Johnson, et al. , No. PLCV2007-00064, Mass. Super., Plymouth Co.). According...

BPA, the never-ending saga

Prior posts have reviewed various studies that indicate that BPA has estrogenic effects. In January 2013 the Office of Environmental Health Hazard Assessment (OEHHA) proposed listing BPA under California's Proposition 65 because OEHHA's evaluation of the data indicated an adverse impact on...

Steptoe & Johnson PLLC: West Virginia Supreme Court of Appeals Rules in Gas Utility Case

By Lori A. Dawkins and Allison J. Farrell The West Virginia Supreme Court of Appeals just issued an important decision for all natural gas utilities with operations in West Virginia with its Memorandum Decision No.11-1511 (Harrison County 10C391). In this decision, issued February 11, 2013, the state's...

California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...

Fulbright Briefing: Supreme Court Holds That Alien Tort Statute Does Not Have Extraterritorial Jurisdiction

On April 17, 2013, the United States Supreme Court held that the Alien Tort Statute ("ATS") does not have extraterritorial jurisdiction in a 9-0 decision in Kiobel v. Royal Dutch Petroleum Co. [lexis.com subscribers can view the enhanced opinion and the briefs in this case.] The ATS provides...