Appeals


Facebook Photos Doom Employee’s FMLA Retaliation Claim
February 28, 2013 | Appeals | Labor & Employment | Insurance Coverage

After working for Advantage Health Physician Network for about 18 months, the plaintiff in this case began taking intermittent leave under the Family and Medical Leave Act, claiming that she was incapacitated from pain from a back injury she had sustained years earlier. About five weeks into her leave, several of her coworkers saw pictures

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LTD Plan Administrator Need Not Consider Social Security Administration Decided After Its Final Decision
January 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,

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Employer Does Not Violate FLSA by Changing Workweek So Employees Earn Fewer Hours of Overtime
December 31, 2012 | Appeals | Labor & Employment | Insurance Coverage

Five current and former employees of Redland Energy Services, LLC, who worked as operators of Redland’s two drilling rigs, sued Redland, alleging that it had violated an overtime provision of the federal Fair Labor Standards Act (FLSA) by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as

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“New York State Wage Theft Prevention Act Notice Requirements”
| Appeals | Labor & Employment

The New York State Wage Theft Prevention Act (“WTPA”) remains in effect, which means that employers have until February 1, 2013 to provide the required written notice to employees.  Pursuant to the WTPA, New York employers must provide New York employees with a written notice and acknowledgment of pay rate and payday on an annual

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Employee Wellness Program Did Not Violate ADA, Circuit Court Decides
November 30, 2012 | Appeals | Labor & Employment | Insurance Coverage

Several years ago, employees of Broward County, Florida, who enrolled in the county’s group health plan became eligible to participate in a new employee wellness program sponsored by Broward’s group health insurer, Coventry Healthcare. The employee wellness program consisted of two components: a biometric screening, which entailed a finger stick for glucose and cholesterol, and

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Regulation Barring Health Care Providers From No-Fault Program
November 2, 2012 | Appeals | Insurance Coverage

The Superintendent of the New York Department of Financial Services, Benjamin Lawsky, has issued an emergency regulation that may make it easier to bar health care providers ? temporarily and permanently ? who are suspected of engaging in no-fault insurance fraud from demanding payments from insurance carriers for services they claim to have provided. If

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Circuit Court Rejects Claim for Lifetime Health Care Benefits
October 31, 2012 | Appeals | Labor & Employment | Insurance Coverage

Former employees of Xerox Corporation who participated in the Xerox Retiree Flex Health Care Plan alleged in a lawsuit they filed that they repeatedly had been promised lifetime benefits under a health care plan called the Flex Plan but that the defendants had reneged on that promise. The district court dismissed the claims and the

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Recent Developments In Business Litigation
| Real Estate, Zoning & Land Use | Appeals

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Recent Developments In Business Litigation

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Modern Families Complicate Rent Regulation Succession Decisions
October 22, 2012 | Appeals

Almost 25 years ago, the New York Court of Appeals issued a landmark decision under New York City’s rent-control regulations in a case involving the occupancy rights to a rent-controlled apartment upon the named tenant’s death. The court held that the term “family” should not be rigidly restricted to those people who have formalized their

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Court Refuses to Conditionally Certify FLSA Action as a Collective Action
September 30, 2012 | Appeals | Labor & Employment | Insurance Coverage

The plaintiffs, former customer service representatives (CSRs) who staffed telephone lines at an Appletree Answering Service call center in St. Louis, Missouri, sued Appletree for allegedly violating the Fair Labor Standards Act (FLSA) by failing to pay them for actual hours worked and corresponding overtime. The plaintiffs alleged that Appletree had a nationwide policy of

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