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Posts from April 2010.

The United States Supreme Court recently agreed to review a case that involves the “cat’s paw” theory of liability, examining whether an employer can be found liable for unlawful discrimination when a biased supervisor does not make employment determinations but influences the decision-maker.  (Staub v. Proctor Hospital, 560 F.3d 647 (7th Cir. 2009)).

Vincent Staub was ...

Within a few days after a debtor files a bankruptcy petition, the Clerk of the Bankruptcy Court sends a written notice to all creditors identified by the debtor.  The notice informs the creditor of the bankruptcy filing and provides details including instructions about filing a proof of claim.  In the bankruptcy context, a claim is a right to payment.  A form for the creditor to complete to ...

 

As you have likely heard, President Obama made recess appointments of two Democratic nominees to the National Labor Relations Board (NLRB), Craig Becker and Mark Pearce.  President Obama did not make a recess appointment of his announced Republican nominee, Brian Hayes.

When Mr. Becker and Mr. Pearce join Chairman Wilma Liebman, a former attorney for the Teamsters and the ...

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (PPACA), which contains a number of items that will affect employer group health plans and health care providers in the coming months and years.  Certain provisions under PPACA were further modified by the Health Care and Education Tax Credit Reconciliation Act of 2010 (Reconciliation ...

USLAW Magazine

Mr. Isenbarger was invited to submit his article on Federal Rule 30(b)(6) Notice of Deposition to USLAW Magazine, the quarterly publication of USLAW Network. A link to the article is below.

Who Speaks for the Company? 30(b)(6) Notice

 

New regulations clarify Mental Health Parity Act

The U.S. Departments of Labor, Health and Human Services, and the Treasury recently published in the Federal Register interim final regulations that implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).  These regulations apply to plan years beginning on or after July 1, 2010 ...

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