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Posts from July 2016.
Posted in Litigation

On July 21, 2016, the American College of Trial Lawyers filed a petition with the United States Court of Appeals for Veterans Claims seeking an order requiring the Department of Veterans Affairs (VA) to eliminate unconstitutional delays in the VA appeals system. The Petitioner has asked the Court to hold that the VA’s delay in processing appeals violates the Due Process Clause of the Fifth Amendment to the U.S. Constitution, and is contrary to the Secretary’s statutory duties.

On June 30, the Health and Human Services Office for Civil Rights (“OCR”) announced the first-ever settlement under the Health Insurance Portability and Accountability Act (HIPAA) with a business associate. In the press release, OCR Director Jocelyn Samuels stated:

Business associates must implement the protections of the HIPAA Security Rule for the electronic protected ...

In the new Legal Forum Column, Brent R. Baughman discussed the new DOL overtime rules. Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First.

Question
What do the new DOL overtime regulations mean for employers?

Answer
The U.S. Department of Labor recently published its final rule updating overtime regulations under the Fair Labor ...

Develop Louisville’s Office of Planning & Design Services released draft zoning regulations for anaerobic digesters on July 18, and after reviewing these proposals, I believe it is necessary to step-back and bring clarity to confusion as it relates to community and renewable and reusable energy. The proper regulation of these projects is larger than any one developer ...

Robert “Bo” Abrams is a professor of law at Florida A&M University’s College of Law, and he explains in clear detail how water law in the Eastern U.S. has developed over time from the English common law to riparianism in its several forms. It’s a fascinating look at how economics, climate, municipal growth and other factors shape the development of the law. Bo also posits that ...

Under long-established election–of–remedies law in Kentucky, a current or former employee seeking recovery for an alleged violation of the Kentucky Civil Rights Act had to choose whether to pursue a claim through the administrative system, e.g., the Kentucky Commission on Human Rights (“Commission”), or in a state court of law. Until recently, those who chose to pursue ...

Knowledge is power, and this week, Reese Tisdale brings some serious knowledge about water infrastructure needs culled from the work of his firm, Bluefield Research. Reese takes us on a journey from Bluefield’s origins to how it researches and develops water market intelligence. He further provides tremendous insight into how various factors affect the water industry. You’ll ...

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