LexisNexis® Legal Newsroom
RICO Relief Denied: Are Employers at a Tipping Point for Brown v. Cassens-Type Lawsuits?

Most large employers are well aware of the U.S. Supreme Court's recent denial of a petition that it rehear the 6th Circuit Court's ruling allowing the plaintiffs in Brown v. Cassens Transport Company to proceed with a workers' compensation lawsuit based on alleged violations of the Racketeer...

D.C.: Court Grants Preliminary Approval of $72.5M Settlement in Class Action Against The Hartford

WASHINGTON, D.C. - On June 7, 2010, the U.S. District Court for the District of Connecticut granted preliminary approval of a $72.5 million dollar settlement between The Hartford Financial Services Group, Inc. and a class of more that 21,000 members who had previously settled personal injury and workers'...

Denis Paul Juge on RICO and the Exclusive Remedy

"The world of workers' compensation was knocked off course recently by an asteroid from the U.S. Sixth Circuit striking at the very core of the system - the exclusive remedy", writes Denis Paul Juge. "Former employees of a Michigan employer filed a civil RICO action (treble damages...

IL: Judge Allows AIG to Pursue Racketeering Claims Against Rival Workers' Comp Insurers

CHICAGO, IL - U.S. District Court Judge Robert Gettleman has ruled that American International Group Inc. may pursue racketeering and other claims against rival insurers, including Hartford Financial Servics Group Inc., Liberty Mutual Group, and Travelers Cos., for allegedly conspiring to cause it harm...

Federal District Court in Michigan Again Strikes Down RICO Claims Related to Workers' Compensation Disputes

For the second time in five and one-half years, the United States District Court for the Southern District of Michigan has dismissed claims filed under the Racketeer Influenced and Corrupt Organizations Act ("RICO") against a self-insured employer, its claims administrator, and a physician...

MI: Federal Judge Rules “RICO” Claim Barred By Exclusive Remedy Provision

Detroit, MI (CompNewsNetwork) - In Brown v. Cassens Transport Company, the plaintiffs alleged that the defendants, Cassens Transport Co., Crawford & Company, and Dr. Saul Margules had schemed to deny them workers’ compensation benefits under the Michigan Worker’s Disability Compensation...

2010 Year in Review: The Top 10 Workers’ Compensation Issues From a National Perspective

As I gaze back over this rapidly closing year and try to describe the dominant issues that have engaged those of us within the workers' compensation arena, I am mindful of the story of the three blind men who were asked to describe an elephant. Their eyes useless to them, they all awkwardly gathered...

Allstate Insurance's RICO Lawsuit Seeks to Recover $2.1M From Durable Medical Equipment Companies

Allstate Insurance Company is seeking to recover $2.1 million against 37 New York area defendants in its second insurance fraud lawsuit of 2011. The complaint, filed under the Racketeer Influenced and Corrupt Organizations Act ("RICO") and principles of the common law, alleges that the defendants...

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Divided Sixth Circuit Court Delivers Body Blow to Michigan’s Continuing Battle Regarding RICO Claims and Comp Exclusivity

By Thomas A. Robinson A divided Sixth Circuit Court of Appeals, in Brown v. Cassens Transp. Co. , 2012 U.S. App. LEXIS 6929 (6th Cir. Apr. 6, 2012), has again reversed the dismissal of plaintiff employees’ RICO action and remanded it to the United States District Court for the Eastern District...

Larson’s Spotlight on Recent Cases: Claimant’s PTSD Claim Held Timely Four Years After the Fact

Larson's Spotlight on Mental Trauma, RICO and Exclusive Remedy, Safety Violations, Off-Duty Injury and Tort Action Against Employer . Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law...

Workers' Comp Fraud Blotter (7/5/2012) – Washing and Detailing Cars and Pickup Trucks While on Disability Leads to Conviction

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (11/5/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Impact of Hurricane Sandy on Calculation of WC Premiums . NCCI: WC Premiums to Exceed 2011 Growth by...

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. US: State Cannot...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (11/19/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Walmart Settles Federal Class Action Suit Over Alleged Interference w/WC Claims . A.M. Best Report...

Federal: Sixth Circuit RICO Suit Related to Workplace Injury Claims Dismissed

Reversing a decision entered last year by a three-judge panel of the 6th U.S. Circuit Court of Appeals, a divided en banc panel (11 to 5) of the Court has dismissed a suit alleging that a third-party claims administrator’s collusion with Coca-Cola Enterprises to deny injured employee’s workers’...

Jury Still Out on Effectiveness of Workers’ Compensation Reforms

Jury Still Out on Effectiveness of Workers’ Compensation Reforms By John Stahl, Esq. A November 21, 2013 seminar titled “The Legal Perspective of the Latest Workers’ Compensation Reforms” at the 22nd Annual National Workers’ Compensation and Disability Conference &...

The Texas Blueprint for How to Lower Workers’ Comp Costs

After continued implementation of the 2005 reforms to the Texas workers’ compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate the current state of the Texas system and better...

Federal: U.S. Supreme Court Denies Certiorari in Sixth Circuit’s RICO Decision

The United States Supreme Court has denied review of the Sixth Circuit’s en banc decision in Jackson v. Sedwick Claims Mngmt. Servs . [731 F.3d 556 (6 th Cir. 2013)]. Readers will recall that the Jackson case, which questions whether an injured employee may recover under the Racketeer Influenced...

Federal: Sixth Circuit Reiterates that RICO is Not Available to Workers’ Comp Claimants

Referring to its en banc decision in Jackson v. Sedgwick Claims Management Servs ., 731 F.3d 556 (6th Cir. 2013), cert. denied , 2014 U.S. LEXIS 3239 (May 5, 2014), the 6 th Circuit Court of Appeals has held that a worker’s alleged injury consisting of receiving less workers’ compensation...

Federal: D.C. Circuit Court Dismisses RICO Action for Alleged Tortious Conduct Related to Defense Base Act Claims

A three-judge panel of the U.S. Court of Appeals, D.C. Circuit, affirmed in relevant part the dismissal of a class action lawsuit that alleged several government contractors, insurance companies, and third parties (“contractors”) had committed torts and violated the Longshore and Harbor Workers’...

United States: Michigan Federal Court Reiterates that RICO May Not Be Used for Bad Faith Claims

Citing two earlier precedents, a federal district court sitting in Michigan has once again ruled, in pertinent part, that racketeering activity leading to a loss or diminution of benefits that a plaintiff expects to receive under a state workers compensation system does not constitute an injury to “business...