In a hard-fought and potentially trend-setting case, both the Arbitrator at trial, and the Commission on review, held that a claimant was entitled to receipt of benefits for psychological injuries and trauma suffered as a result of the claimant witnessing a horrifying...
One of the more deceptively complicated areas of litigation is the principle of “standing.” The idea, based usually in Article III of the U.S. Constitution, had a bit of time in the spotlight recently because it was the stated cause for the U.S. Supreme Court denying...
Happy Holidays Everyone! Tis the season for my annual shameless plug for all of the good causes surrounding us at Christmas time. As you know, and as Maggie Frost from WCMY put it, pretty much all anyone has to do in our area when help is needed is ask, and I’m there....
In a case in which an employer was required at arbitration to pay for vocational rehabilitation services for a claimant that still worked for the employer, the Commission affirmed the award for the payment by the employer for rehabilitation services. See Employer...
It is something of a legal truism that if a court can send a dispute to arbitration under The Federal Arbitration Act (FAA), they’ll do it. Arbitration clauses exist in contexts from consumer agreements (there’s one in most of those website Terms of Service) to...
During this tough kind of strange year, I’m so grateful to be surrounded by such wonderful people and to live in such a wonderful community. With that in mind, I wanted to take this time to remind the community about different holiday drives that are open, active and...
I just read an uplifting article written last month, dealing with the history of the long and frustrating process that women have had to undergo and endure, to achieve certain basic rights, such as the right to vote, among other things. See Century of Suffrage – the...
There are any number of generally-applicable laws which nevertheless contain so many exceptions and caveats that it can be surprising that they end up applying to anyone at all. This can result in cases where Defendants, rather than arguing the facts of a particular...
I read an interesting and encouraging American Bar Association (ABA) Journal article written earlier this year, regarding recently established federal and state civil remedies and redress for survivors of human trafficking. See State laws provide for civil actions and...
On October 13, McDonald’s was hit with a federal lawsuit by three employees of it’s Rock Island location alleging a pattern of racially motivated abuse and disparate treatment. This particular complaint is just the most recent in a series of discrimination complaints...