A vaccine injury victim whose claim is time-barred under the National Childhood Vaccine Injury Act can still recover attorney fees because the claim was reasonable and made in good faith, the U.S. Supreme Court has ruled.
Read More »Businesses sue IRS in challenge to employer health insurance mandate
A group of small businesses have filed a lawsuit challenging a rule imposed by the Internal Revenue Service under the federal health care law, alleging that the agency exceeded its authority by expanding the law’s employer mandate.
Read More »Rule would boost Medicare whistle-blower bounty to $10M
A proposed rule to drastically increase whistle-blower rewards paid for information leading to successful Medicare fraud actions to as high as nearly $10 million was proposed by the Department of Health and Human Services this week.
Read More »Justices ponder if SORNA rule reaches back
That convicted sex offenders must register with their state of residence is a well-established rule. But when the offender was convicted and completed his criminal sentence years before the federal Sex Offender Registration and Notification Act was enacted in 2006, does that rule apply to him?
Read More »Justices seem torn on pre-arrest Miranda right
The justices of the U.S. Supreme Court seemed to struggle with the question of whether the silence of a suspect who has neither been arrested nor placed in police custody can later be used against him at trial.
Read More »Solutions sought for H-1B visa logjam
As lawmakers prepare to debate immigration reform, employment lawyers are hoping for a solution to the persistent bottleneck in the visa program for highly skilled workers that they say hurts their clients.
Read More »Justices tackle California gay marriage case
During heated arguments at the U.S. Supreme Court over California’s voter-approved constitutional amendment banning same-sex marriage, the justices verbally tussled with attorneys arguing over the law’s constitutionality — but also hinted that the case could have a surprise ending.
Read More »Court hears ex post facto sentencing case
At oral arguments, the justices of the U.S. Supreme Court questioned whether a sentence imposed according to the U.S. Sentencing Guidelines in place at the time of sentencing — which was harsher than the sentence that would have been imposed under guidelines at the time of the crime — violated the Constitution’s Ex Post Facto Clause.
Read More »Monsanto case pits law against technology
During arguments in a case demonstrating the ongoing tension between emerging technologies and centuries-old legal doctrines, the justices of the U.S. Supreme Court tried to pin down the limits of a farmer’s use of patented, self-replicating soybean seeds beyond a first harvest.
Read More »NLRB class action ruling under fire
One year after the National Labor Relations Board sent shock waves through the labor and employment bar by ruling that mandatory arbitration clauses barring class actions violated the National Labor Relations Act, the decision is coming under direct fire from federal courts — and it could lead to a U.S. Supreme Court showdown.
Read More »Lawyers cautiously cheer immigration plan
While lawyers are expressing optimism, saying a revamp of the system will benefit both workers and employers seeking to boost their workplaces by hiring skilled, authorized workers, their enthusiasm is muted by the failure of past immigration reform proposals.
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