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This week, the Court addresses whether a court or an arbitrator must consider a sovereign immunity defense to arbitration, and applies the False Claims Act to a defendant’s allegedly. ....
This week, the Court tackles the jurisdictional implications of California's attempt to limit the abusive filing of Unruh Act claims with heightened procedural requirements applied only in state court. ....
The panel: Judges Baldock (CA6), Berzon, and Collins, with Judge Berzon writing the opinion. Key highlight: “AMN’s explanation for the payments made to local clinicians that providing per diems to local clinicians encourages them to work the required hours applies equally to travelling clinicians, and confirms that the payments do function as compensation namely, as a bonus for good work attendance. The comparison to local clinicians’ payments is an exceedingly strong indication that the per diem payments made to both groups of clinicians function as compensation for labor.” Background: Plaintiffs Verna Clarke and Laura Wittman worked for AMN Services, a healthcare staffing company that placed nurses and technicians in various short-term assignments, some of which required travel away from their homes. Clarke and Wittman were paid both hour an hourly wage and a “per diem” derived from the federal reimbursement rates for meals, lodging, and incidentals ....