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Posted in: May, 2018

New Supreme Court ruling protects employers from class action lawsuits

The Supreme Court on May 21 handed down a ruling, Epic Systems Corporation v. Lewis, that protected employers whose employees had signed arbitration agreements from being sued by those same employees for employment related issues in a class action lawsuit. The lawsuit pitted two separate federal laws against each other: the 1935 National Labor Relations Act […]

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New Va. Code § 8.01-417: Everybody Breathe…

Virginia has passed, effective July 1, 2018, a new Va. Code § 8.01-417 that has created much consternation, but little change.  That statute was titled “An Act to amend and reenact § 8.01-417 of the Code of Virginia, relating to personal injury claim; disclosure of insurance policy limits. [S 535]” during its pendency, and is […]

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Court Rules that Damages for Humiliation, Mental Anguish Recoverable in Whistleblower Cases

In March of 2018, the Pennsylvania Supreme Court handed down a much-anticipated ruling in Bailets v. Pennsylvania Turnpike Commission, unanimously ruling that noneconomic damages like humiliation and mental anguish are recoverable for whistleblowers who are determined to have been harmed in violation of Pennsylvania’s whistleblower law. In Bailets, an employee with ten years of service […]

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Court Rules Driver’s Statement to Insurance Agent is Discoverable

It is the middle of the night, and you receive a phone call that one of your vehicles has been involved in an accident. With everything that starts racing through your mind, one of your first thoughts should be—I need to get a statement about what happened from my driver. And, while that seems simple […]

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Spoliation – Not Your Father’s Destruction of Evidence

Attendees at our firm’s seminars will have heard the term “spoliation,” referring to the destruction of evidence.  The issue typically comes up in the context of documents or evidence that is transitory, such as data from a Truck’s ECM, or an outdoor accident scene.  Essentially, a party warns another party by letter to preserve evidence.  […]

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The Fact of the Matter: Recent workers’ compensation case law highlights why gathering very detailed facts and circumstances surrounding work accidents is imperative in determining whether to accept or deny compensability

Employers are regularly reminded by insurance carriers and defense attorneys that they should gather detailed evidence surrounding the circumstances of an accident. Recent case law highlights the importance of even the most minute details. The Virginia Workers’ Compensation Commission follows the “actual risk test.” The test, which is highly fact-specific and subjective, is outlined as […]

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