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Vicarious Liability & Additional Insured Endorsement – Duty To Defend Based on Extrinsic Evidence

Capital City Real Estate, LLC (“Capital City”) initiated a declaratory judgment action in the District of Maryland, seeking a declaration that Certain Underwriters at Lloyd’s London (“Underwriters”) were obligated to defend and indemnify Capital City against a negligence...

California: Top 25 Noteworthy Panel Decisions (January-June 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2015. The list features a number of split-panel decisions, including bonus cases addressing the validity of untimely independent...

When Specific Injury and Cumulative Injury Cases Consolidated, All Evidence in Both Cases Properly Admitted: Cal. Comp. Cases August Advanced Postings (8/19/2015)

Here’s the latest batch of advanced postings for August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Cahill Contractors, Arch Insurance...

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not the defendant, will be responsible for paying the...

Split Panel Grants Applicant Another Bite at the PQME Apple: Cal. Comp. Cases September Advanced Postings (9/2/2015)

Here’s the latest batch of advanced postings for the September 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. St. Helena Hospital v. WCAB...

California Workers’ Comp Case Roundup (9/2/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 8 August 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

SCOTUS Recognizes Disparate Impact Liability Under Fair Housing Act, But With Limitations

Fair Housing Advocates Get Major Victory at U.S. Supreme Court While everyone in America was focused on the U.S. Supreme Court’s historic marriage equality ruling, at the end of its Term, the Court also issued an important opinion under federal Fair Housing law. In a 5-4 margin, the Court, ...

Duty to Defend Triggered by Extrinsic Evidence Showing Insurer-Insured Relationship Existed

By Matthew E. Hedberg Last month, the Oregon Court of Appeals issued another decision that rejects a rigid application of the four-corners rule to determining the duty to defend. Previously, in Fred Shearer & Sons, Inc. v. Gemini Ins. Co. , 237 Or App 468, 476, 240 P3d 67 (2010), [subscribers...

Substantial Evidence Must Have Some Substance

By Stephen C. Embry, Embry and Neusner, Groton, Connecticut Science, clinical medicine, and the law live in the same city but in different neighborhoods. Each of the disciplines is concerned with the development and organization of information to answer questions, but the methods and purposes do not...

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CA2 on Evidence, Credibility: Ahmed v. Lynch

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability...

Pennsylvania State Court Jury Awards $500,000 In Risperdal Gynecomastia Trial

PHILADELPHIA — (Mealey’s) After a three-week hiatus for the production of newly discovered defense data about the safety of Risperdal and three more days of testimony, a Pennsylvania state court jury on Dec. 11 found that Janssen Pharmaceuticals Inc. and parent company Johnson & Johnson...

Missouri: Post-Deposition Surveillance Video Could Not Be Introduced Into Evidence

When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that answer when it subsequently hired a private investigator...

Application for SIBTF Benefits Barred by Statute of Limitations: Cal. Comp. Cases April Advanced Postings (4/6/2016)

Here’s the latest batch of advanced postings for the April 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. Deanna Pimes (aka Deanna Pimes...

California Workers’ Comp Case Roundup (4/29/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

CA7 on Due Process, Evidence, Witness Cross-Examination: Karroumeh v. Lynch

Karroumeh v. Lynch, Apr. 29, 2016 - "Mohsen Karroumeh petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA” or “Board”). The Board determined that Karroumeh was removable because he entered into a sham marriage for immigration...

California: Labor Code Section 4662 and Vocational Experts

Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability as follows: (Publisher’s Note: Citations...

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)

Here’s the latest batch of advanced postings for the June 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. David Payne, M.D., Petitioner v...

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard

The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused by work-related physical activity, but instead was...

Applicant Precluded From Reopening Psychiatric Claim: Cal. Comp. Cases July Advanced Postings (6/29/2016)

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. Coline Antouri, Petitioner v. Workers'...

Illinois: Pulmonologist’s Testimony Fails Under Frye Evidence Standard

Claimant’s pulmonologist’s causation opinion was inadmissible under Frye and Ill. R. Evid. 702, where it was not based on a scientific methodology or principle that had gained general acceptance in the relevant scientific community. Claimant, an acknowledged smoker, contended that he had...

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following a total of twelve hearings spread over a period...

BIA on Bosnian War, Persecutor Bar, Evidence, Burden of Proof: Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)

Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden under 8 C.F.R. § 1240.8(d) (2016) to prove...

CA1 on Asylum, Internal Relocation, Evidence: García-Cruz v. Sessions

García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze the reasonableness factors, rather than whether...

Florida Workers' Compensation Update (June 2017)

We are now more than one year since the Florida Supreme Court issued its long awaited decision in Castellanos v. Next Door Company et. al. and its decision in Miles v. City of Edgewater Police Department/Preferred Governmental Claims Solutions and the State of Florida . As most know, Castellanos brought...