A new national consumer protection agency has begun work on behalf of American consumers. The Consumer Financial Protection Bureau (CFPB) was established in June 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new agency is charged with ensuring consumers have the information they need […]
Workers’ Comp: Suspending Weekly Benefits of Noncompliant Employees
To suspend an employee’s benefits for failure to comply with vocational rehabilitation the employer must file a petition with the Industrial Commission. After a telephonic hearing, the Commission then renders a decision. But what must the employer prove to suspend benefits? In Powe v. Centerpoint Human Resources, the Court of […]
Workers’ Comp: Is North Carolina’s OSHA Protecting NC Workers?
1. According to the News & Observer piece, NC-OSHA reforms that were implemented after the tragic fire at the chicken plant in Hamlet have begun to slip. The article cites a sharp drop in both inspections and citations: ‘N.C. OSHA inspections and citations have dropped sharply. Total citations sank to […]
Workers’ Comp: Employee or Independent Contractor? Court of Appeals Sheds Light
In Capps v. Southeastern Cable, the employee was hired by Southeastern to install cable TV an internet service for Time Warner cable customers. Southeastern told its installers that they were being hired as independent contractors rather than employees. Installers were required to provide a certificate of insurance showing that they […]
U.S. Dept. of Health Again Confirms Asbestos as Cause of Mesothelioma and Lung Cancer
The 12th Report on Carcinogens was released by U.S. Department of Health and Human Services Secretary Kathleen Sebelius on June 10, 2011. The Report on Carcinogens is prepared by the National Toxicology Program. The purpose of the congressionally mandated and science-based document is to identify substances and exposure circumstances that […]
Highly Publicized Arbitration Dispute Demonstrates Juries Should Be Trusted
The highly publicized case of Jamie Leigh Jones, the woman who alleged she was assaulted while working for defense contractor KBR, demonstrates that juries should be trusted. Ms. Jones claimed that during her employment for KBR in Iraq, she was drugged and raped by a company employee. When she asserted […]
Signing Away Your Constitutional Rights — Without Even Knowing It
The most conservative United States Supreme Court in nearly a century recently continued its assault on the constitutional rights of ordinary citizens harmed by corporate wrongdoing. In the case of AT&T v. Concepcion, the Supreme Court told corporations that they could write into the fine print of most any contract, […]
Supreme Court Ruling Favors Generic Drug Manufacturers Granting Immunity From Failure to Warn
The United States Supreme Court ruled in favor of generic drug manufacturers in PLIVA, Inc. v. Mensing, holding that federal drug regulations applicable to generic drug manufacturers bar the plaintiffs’ state-law failure to warn claims. The Supreme Court, in a 5-4 decision, held that manufacturers of generic drugs cannot be […]
Supreme Court Rejects Discrimination Class Action Suit Against Wal-Mart
The United States Supreme Court ruled against a class of current and former female employees of Wal-Mart who had sued the nation’s largest private employer for employment discrimination. In ruling in favor of Wal-Mart, the court continued a disturbing trend of siding with big business and against individuals. In reversing […]
Wrong Site Surgeries On The Rise
Safety experts and researchers say wrong site surgeries may be on the rise based on data compiled by the Joint Commission, an organization that accredits hospitals and other health care institutions, The Washington Post reports. Wrong site surgeries include operating on the wrong limb, the wrong organ or the wrong […]
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