On April 1, 2021, in Facebook, Inc. v. Duguid, the Supreme Court clarified what constitutes an “automatic telephone dialing system” commonly referred to as an “autodialer” under the.
Supreme Court Case Re-Examines Federal Sentencing For Crack Cocaine Possession
The racial implications over sentencing are still strong, but courts have disagreed on how an offender should be dealt with.
Published 3 weeks ago
Written by Madison J. Gray
The U.S. Supreme Court heard arguments on Tuesday on a case that could determine federal policy on federal sentencing for many low level crack cocaine offenders, an issue that has long held racial and equal justice implications.
In the final case of the term, justices heard Terry v. United States, whose petitioner
Tarahrick Terry was sentenced to more than 15 years in prison after being convicted in 2008 of possessing 3.9 grams of crack, according to
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The Employee Benefits Practice is pleased to present the Employee Benefits Developments Newsletter for the month of April 2021. Click on the links below for more information on each specific development or case.
Circuit Court Finds Claims of ERISA Fiduciary Breach Do Not Relate to Employment for Purpose of Employment-Based Arbitration Agreement
Release of Claims Fails to Block ERISA Lawsuit
Amounts Paid for Personal Protective Equipment Treated as Medical Expense
Fidelity Not Acting as ERISA Fiduciary in Charging Access Fee to Mutual Funds Hosted on its Retirement Plan Investment Platform
04/28/21
Jon L. Gelman
The US Supreme Court (SCOTUS) will not review the pre-emption issue involving air ambulance billing charges. A
Petition for Certiorarithat was denied was filed by PHI Air Medical, LLC following the
denial of the Texas Supreme Court to honor the full air ambulance billing changes in a workers compensation claim.
Medical benefits are a significant factor in the overall costs of most state workers compensation programs. The ability to contain those costs is at the very heart of the viability of most workers compensation systems. Federal preemption of state medical fee schedules and regulations is a prevailing challenge to the patchwork of non-uniform state benefit programs.
With a 2-1 split decision, the Second Circuit reversed and remanded a district court decision compelling a former employee to arbitrate his ERISA fiduciary breach claims, although the.