LexisNexis® Legal Newsroom
$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...

CBP Pays $475K to Settle Suit Over Illegal Cavity Search of American Citizen at Border

ACLU, July 21, 2016 - "Today, the ACLU of Texas and the ACLU of New Mexico announced a record settlement in which U.S. Customs and Border Protection (CBP) paid a New Mexico woman $475,000 for illegally subjecting her to vaginal and anal searches after she was detained at the Cordova Bridge point...

California: The Settlement of the SJDB Voucher in the Post-1/1/13 Date of Injury Case

In Beltran v. Structural Steel Fabricators , 2016 Cal. Wrk. Comp. P.D. LEXIS – (cite pending), the WCAB panel rescinded the WCJ’s Order Approving Compromise and Release which disallowed the parties’ agreement to settle any claim the applicant laborer may have to a Supplemental Job Displacement...

PROPOSED SETTLEMENT FOR UBER DRIVERS REJECTED

An attempt by Uber Technologies, Inc. to settle a class action brought by approximately 350,000 drivers who claimed they were employees and as such, entitled to various expenses, was rejected by U.S. District Judge Edward Chen in San Francisco, who found the settlement unfair, inadequate, and unreasonable...

Justice Department Settles with Staffing Company re Illegal Citizenship Requirement

DOJ, Sept. 7, 2016 - "The Justice Department reached an agreement today with Cumberland Staffing Inc., doing business as AtWork Cumberland Staffing (ACS), to resolve the department’s investigation into whether the company discriminated against work-authorized immigrants and naturalized U.S...

Cleaning Co. Settles I-9 Dispute with DOJ for $195K

DOJ, Oct. 17, 2016 - "The Justice Department reached a settlement today with American Cleaning Company (ACC) resolving claims that the company discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA). ACC is a maintenance and janitorial company...

Denver Sheriff Dept. Settles I-9 Citizenship Discrimination Complaints with DOJ

DOJ, Nov. 21, 2016 - "The Justice Department reached a settlement today resolving claims that the Denver Sheriff Department discriminated against work-authorized immigrants in violation of the Immigration and Nationality Act (INA). The Denver Sheriff Department is the largest sheriff department...

DOJ Settles With Texas School District Over Immigration-Related Discrimination Claim; $140K Civil Penalty

DOJ, Nov. 22, 2016 - "The Justice Department announced today that it reached a settlement with the Aldine, Texas, Independent School District resolving allegations that the district discriminated against work-authorized non-citizens in violation of the Immigration and Nationality Act (INA). The...

Border Guards Beat Immigrant to Death; Feds Settle With Family For $1M

Cleve R. Wootson, Jr., Washington Post, Mar. 28, 2017 - "Anastacio Hernandez’s final screams had drawn a crowd. The undocumented immigrant yelped “ayudame” and “no hice nada” — “help” and “I didn’t do anything” in Spanish —...

Justice Department Settles Immigration-Related Discrimination Claim Against Florida Roadside Assistance Services Company

DOJ, Apr. 6, 2017 - "The Justice Department reached an agreement today with Brickell Financial Services Motor Club, Inc., d/b/a Road America Motor Club, Inc. (Road America), headquartered in Miami, Florida. The settlement resolves the department’s investigation into whether the company violated...

$225K Settlement in Wa. I-9 Tussle: Wa. Potato Co. & Pasco Processing

DOJ, May 17, 2017 - "The Justice Department announced today that it reached a settlement agreement with Washington Potato Company and Pasco Processing, LLC, which operate a fruit and vegetable processing facility located in Pasco, Washington. The agreement resolves a discrimination lawsuit the Justice...

DOJ Settles U.S. Worker Discrimination Claims Against New Mexico Farm

DOJ, May 23, 2017 - "The Justice Department announced today that it has reached a settlement agreement with Carrillo Farm Labor, LLC (Carrillo Farm), an onion farm in Deming, New Mexico. The settlement resolves the department’s investigation of complaints that Carrillo Farm discriminated against...

Panda Express Serves Up $600K to DOJ in I-9 Violation Settlement

DOJ, June 28, 2017 - "The Justice Department announced today that it reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express), a restaurant chain with over 1,800 locations in the United States. The agreement resolves the department’s investigation into whether Panda...

CA9 on Flores Settlement, Bond Hearings: Flores v. Sessions (July 5, 2017)

Flores v. Sessions - "On January 28, 1997, the district court approved a settlement between the plaintiff class and the federal government establishing a “nationwide policy for the detention, release, and treatment of minors in the custody of the INS.” Flores Settlement at ¶ 9....

ICE Settles Case Challenging Interference with Legal Representation at Dilley

AIC, Aug. 16, 2017 - "The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum. The case was filed after Immigration and Customs Enforcement (ICE) barred Caroline Perris, a full...