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Wyeth v. Levine
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New Hampshire: Requiring Reimbursement for Medical Marijuana is Not Aiding and Abetting Federal Crime
The Supreme Court of New Hampshire reversed—for a second time—a decision of the state’s Compensation Appeals Board that had found workers’ compensation carriers for New Hampshire employers could not be required to reimburse an...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Federal Airline Deregulation Act Does Not Preempt Texas Rules Regarding Air Ambulance Reimbursements
In an opinion at odds with several earlier decisions from federal district courts, a divided Supreme Court of Texas held the state's general standard of fair and reasonable reimbursement, as applied to air ambulance services provided to workers who...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Supreme Court on Preemption, IRCA: Kansas v. Garcia (5-4)
Kansas v. Garcia (5-4) Majority - "Kansas law makes it a crime to commit “identity theft” or engage in fraud to obtain a benefit. Respondents—three aliens who are not authorized to work in this country—were convicted under...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Kansas v. Garcia Oral Argument Transcript
Supreme Court, Oct. 16, 2019, Kansas v. Garcia, transcript of oral argument Argument preview: Preemption of state identity-theft prosecutions of noncitizens
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Expert: A Supreme Court Ruling Could Cut Both Ways on Immigration
Ariane de Vogue, CNN, Oct. 16, 2019 "Wednesday's case concerns whether immigrants who stole Social Security numbers in an attempt to gain employment could be prosecuted under state identity theft law. In general, when it comes to immigration...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Outside News
Expert: Kansas Immigration Case at Supreme Court Could Affect ID Theft Prosecutions
Ariane de Vogue, CNN, Mar. 18, 2019 "The Supreme Court agreed on Monday to hear a case [ Kansas v. Garcia, No. 17-834 ] next term concerning Kansas' prosecution of three undocumented immigrants for using stolen Social Security numbers in an...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People
Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S...
Daniel M. Kowalski
over 6 years ago
Immigration Law
News Headlines
CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio
Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity...
Daniel M. Kowalski
over 8 years ago
Immigration Law
News Headlines
Arizona Smuggling Statute Preempted By Federal Law
"A federal judge has voided one of the last remaining sections of the controversial package of anti-immigration laws approved by Arizona lawmakers in 2010. The provision struck down Friday by U.S. District Court Judge Susan Bolton made it a state...
Daniel M. Kowalski
over 6 years ago
Immigration Law
News Headlines
Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)
MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known...
Randy J. Maniloff
over 9 years ago
Insurance Law
Business Liability Insurance
Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable
Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy...
Karen C. Yotis
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Undocumented Workers: U.S. Supreme Court Denies Cert in Sierra Chemical v. Salas
California WCAB applies Salas to another Salas case Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’...
Raymond F. Correio
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
King v. CompPartners, Inc., et al.: Do Utilization Review Physicians Owe a Duty of Care to Applicants and What Is the Nature and Scope of the Duty of Care
By Raymond F. Correio, Esq. A recent decision from the Fourth District Court of Appeal, King v. CompPartners, Inc., et al. 243 Cal.App.4th 685, 80 Cal. Comp. Cases 10 , certified for publication, raises a number of provocative issues which will no...
seemlessweb
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?
In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not...
Karen C. Yotis
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo
By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives...
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