LexisNexis® Legal Newsroom
CA2 on Portability, Jurisdiction - Mantena v. Johnson

Mantena v. Johnson, Dec. 30, 2015 - "Mantena had availed herself of the Immigration and Nationality Act’s so‐called “portability” provisions, 8 U.S.C. § 1154(j) and 8 U.S.C. § 1182(a)(5)(A)(iv), to move to a successor employer while continuing in her application for adjustment...

Fifth Circuit Takes the Bang Out of Winchester

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi For 33 years the Fifth Circuit Court of Appeals promulgated an expansive view of the situs test for jurisdiction under the Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S.C.S. § 901 et seq .).[fn1] The situs...

Two Decisions Show Complexity of Establishing WCAB Jurisdiction in Pro Athlete Cases: Cal. Comp. Cases January Advanced Postings (1/6/2016)

Here’s another batch of advanced postings for the January 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. Scottie Pippen, Petitioner v. Workers'...

U.S. High Court Will Consider Jurisdictional Debate In Xbox Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 15 granted a petition for writ of certiorari filed in a suit accusing Microsoft Corp. of a selling defective Xbox consoles but limited the appeal and agreed to consider only if a federal appellate court has jurisdiction under Article...

California Workers’ Compensation Case Roundup (2/11/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 1 January 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...

Colorado: Telephone Interview/Offer of Employment Subjects North Dakota Company to Colorado’s Jurisdiction

Where a North Dakota oil company had no business operations in Colorado, but recruited employees from Colorado (and other states) to work on its North Dakota rigs, it could be held responsible for providing workers’ compensation coverage under the Colorado Act and its failure to do so regarding...

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets out sufficient meaningful remedies for Alvarez...

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government says no, while Mr. Jimenez-Morales says...

CA5 on Citizenship, Jurisdiction: Hernandez Rosales v. Lynch

Hernandez Rosales v. Lynch, May 3, 2016 - "Ulises Hernandez Rosales (Hernandez) petitions for review of a Board of Immigration Appeals decision rejecting the claim that he is a United States citizen and upholding an order of removal entered against him. Because there is a genuine issue of material...

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The State Department argues inter alia, that the Court...

WCAB Lacked Jurisdiction for Out of State Injury When Contract of Hire Occurred in Georgia: Cal. Comp. Cases May Advanced Postings (5/18/2016)

Here’s the latest batch of advanced postings for the May 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. Ramonda Walker, Petitioner v. Workers'...

WCAB Panel Finds UR IMR Physician Need Not Be Licensed in California

The recent noteworthy panel decision of Navroth v. Mervyn’s Stores , 2016 Cal. Wrk. Comp. P.D. LEXIS --, is just fascinating for so many reasons beyond the content of the finding itself. How often does a pro per applicant make important case law despite the unsuccessful efforts of many talented...

California Workers’ Comp Case Roundup (8/4/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 7 July 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...

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)

Here’s the latest batch of advanced postings for the August 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. Susan Ostini , Petitioner v. Workers'...

California: Jurisdiction Issues That Could Sabotage Your Case

Quite a few WCAB Noteworthy Panel Decisions (NPDs) have issued lately on the question of jurisdiction. In each of them, the parties had petitioned to go forward on an issue, only to discover at the hearing level, that the WCAB might not have jurisdiction to decide the matter. Practitioners should be...

CA9 on Jurisdiction, Venue: Bibiano v. Lynch

Bibiano v. Lynch, Aug. 19, 2016 - "We have subject matter jurisdiction over final orders of removal. 8 U.S.C. § 1252(a)(1). It has been an open question in this circuit whether a venue defect under 8 U.S.C. § 1252(b)(2)—which specifies that proper venue exists in the circuit where...

CA5 on Final Order: Holguin-Mendoza v. Lynch

Holguin-Mendoza v. Lynch, Aug. 25, 2016 - "We find these cases to be persuasive authority and likewise conclude that a BIA decision which resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order of removal for purposes of judicial review. We...

CA9 on Jurisdiction: J.E. F.M v. Lynch

J.E. F.M. v. Lynch, Sept. 20, 2016 - "This interlocutory appeal requires us to answer a single question: does a district court have jurisdiction over a claim that indigent minor immigrants without counsel have a right to government-appointed counsel in removal proceedings? Our answer to this jurisdictional...

No California Jurisdiction Over Pro-Athlete Entertainer Found: Cal. Comp. Cases Advanced Postings (10/27/2016)

Here’s the latest batch of advanced postings for the November 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. Michael Wilson, Petitioner v....

California Workers' Comp Case Roundup (1/20/2017)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 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...

North Carolina: No Jurisdiction for Out-of-State Injury Where “Last Act” in Making Employment Contract Occurred Outside State

Where a welder, who was living in North Carolina, received a communication from her union hall, which was located in Oklahoma, that she should report for an assignment in Huntsville, Texas and where, upon arrival in Texas, the welder was required to undergo a drug test and complete various forms—including...

How to Utilize a Medical Expert and Effectively Present Causation Opinions

The seminal causation paper will never be written. This fact provides the author at least some comfort as this paper briefly wades into the agenda-driven minefield of causation in a workers’ compensation claim. Causation, like beauty, is often in the eye of the beholder. The beholder in a workers’...

West Virginia: Tennessee Worker’s Death at Kentucky Coal Mine Not Governed by West Virginia Workers’ Compensation Law

In a divided memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a circuit court’s finding that the widow of worker killed in a forklift accident at a Kentucky coal mine may not maintain a deliberate intent action against the West Virginia employer under W. Va. Code §...

New Jersey: Phone Call Offer of Employment to NJ Residence Sufficient to Support Jurisdiction for Out-of-State Injury

An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview at the employer’s New York operation and...

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because she had been targeted for extortion,...