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Reparación para las víctimas de delitos: la sanción de la Visa U

Reparación de agravios para las víctimas de delitos: la sanción de la Visa U En octubre de 2000, el Congreso implementó la visa U para no inmigrantes con la Ley de Protección contra la Violencia y la Trata de Personas. La norma fue implementada para…

By Jessica Ramirez

/ 12 Feb 2018

COOK IVC FILTER UPDATE: MDL Court Denies Cook’s Motion to Sever and Orders Remand of Blood Clot Filter Cases to State Court Based on the Forum Defendant Rule

The U.S. District Court in the Southern District of Indiana ordered remand for several Cook IVC filter cases that had been improperly removed to the multidistrict litigation (MDL 2570) from their respective state courts in South Dakota, Texas, and California. The central question decided by Distric

By Legal Examiner Staffer

/ 12 Feb 2018

Relief for Crime Victims: The Passage of the U Visa

Relief for Crime Victims: The Passage of the U Visa In October of 2000, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act.

By Jessica Ramirez

/ 8 Feb 2018

Relief for Crime Victims: The Passage of the U Visa

Changing Lives: 3 stories of distracted driving

On a sunny fall afternoon, Andy was driving home from his high school cross-country practice. He was signaling to turn when his vehicle was hit from behind by a big semi-truck and trailer …

By Legal Examiner Staffer

/ 8 Feb 2018

In a Negligence Case, Should the Court Presume a Defendant Was at Fault Unless He Proves Otherwise or Must Negligence Be Proved by the Asserting Plaintiff?

In Bedford v. Doe, No. 10-4558, (8th Cir. Dec. 12, 2017), the United States Court of Appeals for the Eighth Circuit undertook this issue. Raeburn Bedford (“Bedford”) was a truck driver who was injured after he opened the door to a trailer he was hauling…

By T. Thomas Metier

/ 7 Feb 2018

¡LOS SOÑADORES DEBEN PRESENTAR RENOVACIONES DE DACA MIENTRAS PUEDAN!

¡LOS SOÑADORES DEBEN PRESENTAR RENOVACIONES DE DACA MIENTRAS PUEDAN! El 5 de septiembre de 2017, la administración Trump puso fin a la protección del programa de Acción Diferida para los Llegados en la Infancia (DACA, por sus siglas en inglés) para 800.000 jóvenes inmigrantes indocumentados…

By Jessica Ramirez

/ 6 Feb 2018

New Bill Could Make Sharing the Road with Semi Trucks Much Safer

As the first session of the 115th U.S. Congress drew to a close this past December, a bipartisan group of lawmakers stepped up to introduce a new bill that would require the U.S. Department of Transportation (DOT) to mandate both side and re-engineered rear underride…

By Legal Examiner Staffer

/ 6 Feb 2018

In a Wrongful Termination Case, When Do Religious Accommodations Move From Reasonable to Burdensome to a Defendant Employer?

The United States Court of Appeals for the Tenth Circuit handled this tough decision impacting some Jehovah’s Witnesses in Tabura v. Kellogg USA, No. 15-4135 (10th Cir. 2018). Plaintiffs Richard Tabura and Guadalupe Diaz (“Plaintiffs”) are Seventh Day Adventists who honor the Sabbath by refraining…

By T. Thomas Metier

/ 5 Feb 2018

Can a Plaintiff File a Direct Negligence Claim in Addition to Vicarious Liability Claim Where Defendant Has Stipulated It Will Be Vicariously Liable for Plaintiff’s Negligence, If Any?

The Supreme Court of Wyoming answered this question in Bogdanski v. Budzik, No. S-17-0049, (2018 Wy. 7). Mariusz Bogdanski (“Bogdanski”) and Damian Budzik (“Budzik”) were codrivers of a commercial semi-truck that was involved in an accident on Interstate 80 east of Evanston, Wyoming. Bogdanski was…

By T. Thomas Metier

/ 5 Feb 2018

Reclined Car Seats Can Be Deceptively Unsafe

Reclined seat attorneys taking a case to trial must prove that the reclined seat defect caused or worsened the plaintiff’s injuries. Often times, attorneys can show that out of several vehicle occupants, only the passenger in the reclined seat suffered serious injuries.

By Legal Examiner Staffer

/ 5 Feb 2018

Will a Hospital in the Nation’s Capital Ever Overcome Ongoing Safety Issues?

Almost six months ago, I first touched on the problems of a Washington D.C. area hospital that is desperately needed to serve an otherwise isolated community. While there have been issues for some time, the seriousness of the situation came to the attention of the…

By Christopher T. Nace

/ 5 Feb 2018

Will a Hospital in the Nation’s Capital Ever Overcome Ongoing Safety Issues?

When the Defendant Removes a Civil Action to Federal Court, Alleging the Amount in Controversy Exceeds the Threshold, But the Plaintiff Contests the Amount in Question, How Does the Court Decide?

The United States Court of Appeals for the Eighth Circuit tackled that question in Waters v. Ferrara Candy Co., No. 17-2812, 873 F.3d 633 (2017). Plaintiff Jaclyn Waters (“Waters”) filed this putative class action in the Circuit Court for the City of St. Louis, Missouri,…

By T. Thomas Metier

/ 2 Feb 2018