On Thursday morning, a unanimous Illinois Supreme Court affirmed in Huber v. American Accounting Association.
What Makes a Volunteer? Sixth Circuit Clarifies Test for Determining Employment Status of Volunteers
Volunteerism is good and should be encouraged by employers. However, with its use come concerns that the persons engaged in the labor may not actually be considered volunteers by the courts.
What’s in Your Breakfast Sanwich? Eighth Circuit Weighs in On Accidental Product Contamination Policies and Voluntary Product Recalls
In Hot Stuff Foods, LLC v. Houston Casualty Co., 2014 U.S. App. LEXIS 21727 (8th Cir. Nov. 17, 2014), the Eighth Circuit Court of Appeals reversed and remanded a lower court decision holding that a food company’s voluntary recall was covered under an ‘accidental product contamination’ insurance policy.
It’s common in the healthcare industry for large insurers to negotiate discounts from pharmacies for prescription drugs.
Next Monday, the United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.
On November 13, 2014, the U.S. Fifth Circuit Court of Appeals held in Coffin v. Blessey Marine Services, Incorporated, Case No. 13-20144, that individuals who loaded and unloaded tank barges as part of their duties as crew of a unit tow were seamen exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”).
Companies can’t be careful enough when it comes to potential retaliation against whistleblowers. In fact, they may be perceived as retaliating—or doing something just as bad—when they didn’t even know they were. That’s exactly the case in a ruling coming out of the Fifth Circuit Court of appeals, one involving Halliburton.
Ninth Circuit Holds That State AGs and Prosecutors Can’t Seek Restitution On Behalf of a Class That Already Settled Its Private Claims, but Can Seek Injunctive Relief and Penalties
A decade ago, California’s unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff’s tools.
Ninth Circuit Finds Mall Owner’s State Trespass and Nuisance Claims Not Preempted in a Secondary Boycott Context – a Circuit Split On Preemption
In a recent case of note, the Ninth Circuit held that federal labor laws did not preempt a shopping mall owner’s state law claims for trespass and nuisance against a union that was picketing a store in the mall. See Retail Property Trust v. United Brotherhood of Carpenters, No. 12-56427 (9th Cir. September 23, 2014).
Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”), alleging that the company engaged in an illegal to generate referrals of Medicare and Medicaid patients to its facilitates.