A U.S. government lawsuit against Bank of America Corp. related to the sale of billions of dollars of toxic mortgage loans to Fannie Mae and Freddie Mac is headed to trial in September. The government brought the case pursuant to the False Claims Act and the Financial Institutions Reform, Recovery […]
While Fatalities Increased Drivers Less Worried
According to The National Highway Traffic Safety Administration the annual number of traffic fatalities has increased for the first time in seven years. There were more than 34,000 death in 2012. That’s an increase of 5.3 percent. Meanwhile, AAA released survey results that show drivers are less worried about dangerous […]
NY State Reaches Settlement with All Force-Placed Insurers
Insurance reforms pushed by the New York Department of Financial Services now cover 100 percent of the New York force-placed insurance market. The Department of Financial Services recently announced settlements with four New York force-placed insurers (American Modern Insurance, Chubb, Fidelity and Deposit Company of Maryland, and FinSecure), that had […]
CFPB Bans Arbitration Clauses in Certain Loan Agreements
The Consumer Financial Protection Bureau (“CFPB”) implemented a rule, effective June 1, 2013, that prohibits mandatory arbitration clauses in residential mortgage loans or home equity lines of credit. Such loans cannot contain “terms that require arbitration or any other non-judicial procedure to resolve any controversy or settle any controversy or […]
Supreme Court Arbitration Decision Likely to Curtail Many Claims
The United States Supreme Court issued a decision recently that will almost certainly curtail numerous meritorious claims. In the case of American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court ruled in a 5-3 decision that corporations can force arbitration on small businesses and individuals even when it […]
Russian City Still Mining Tons of Asbestos
It’s hard to believe that in 2013, a city in Russia is still mining asbestos at maximum capacity. Considering the amount of scientific knowledge that Russia has, this is a testament to the power of the asbestos industry. Not only is the mine operating at a high rate, but the […]
Workers’ Comp: Update on House Bill 1011 – Commissioners Likely To Be Purged
I am late with an update on House Bill 1011, which I originally blogged about here. As noted in the previous post, the Full Commission is the governing body of the Industrial Commission, setting policy and procedures and deciding cases appealed from the deputy commissioners’ decisions. House Bill 1011 clears […]
Workers’ Comp: Suing Uninsured Employers – Did the Court of Appeals Open the Door?
One of the most common questions my clients with workplace injuries ask me is whether they can sue their employer for negligence. This question is not surprising, and it doesn’t mean that my clients are litigious gold-diggers. The workers’ compensation system provides only a limited recovery to injured workers, without […]
Workers’ Comp: General Assembly Confirms New Chair of Industrial Commission
On Thursday, the General Assembly confirmed Andrew T. Heath as Governor McCrory’s first appointed Commissioner to the North Carolina Industrial Commission. We have learned today that Mr. Heath has begun his duties. Mr. Heath will assume the role of Chair of the Commission, essentially the head of the agency. He […]
Workers’ Comp: New Bill Filed to Clear Industrial Commission
The six Commissioners of the North Carolina Industrial Commission are the chief administrators and judges of the Commission. Guided by the Workers’ Compensation Act, the Commissioners manage the Commission and help set its policies and procedures. The Commissioners also act as the final judges of all contested cases that go […]
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