Industry Insights
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Duff: Empty Pre-Emption of Workers' Compensation | 01/17/2019 | |
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| Source: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| I am interested in conflicts between federal and state law in the context of workers’ compensation. And I am especially interested in a phenomenon I have called empty pre-emption: when federal law with little or no substance displaces state law possessing substance. ...Read More | |||
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Duff: 6th Edition of AMA Guides, Legislative Supremacy, and the 2018 That Wasn't | 01/03/2019 | |
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| Source: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| Despite protestations to the contrary, workers’ compensation has everything to do with “fault.” ...Read More | |||
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Duff: Supreme Court Affirms Full State Reimbursement for Air Ambulance Services | 12/10/2018 | |
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| Source: Michael C. Duff | |||
| State: WY | Segment: Top | 0 | |||
| Imagine the following (a simplification of Air Methods/Rocky Mountain Holdings v. Workers’ Compensation Division): ...Read More | |||
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Donovan: Stemming a Deadly Epidemic | 11/13/2018 | |
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| By: Amy Donovan | |||
| State: CA | Segment: Top | 0 | |||
| In 2016, a stunning 42,000 Americans died from opioid overdoses. Opioid addiction has become national news in recent years, as political candidates, medical groups and others have introduced proposals on how to drive down the number of people who are at risk for addiction and overdose. ...Read More | |||
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Duff: Is Diva Limousine's Race-to-the-Bottom Suit Against Uber Coherent? | 10/23/2018 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| The pattern has now become clear. The Uber strategy continues to be to shunt as many independent contractor suits into arbitration as possible, where it no doubt hopes they will be silently and favorably (or at any rate non-precedentially) resolved. ...Read More | |||
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Duff: Question of Employee Misclassification Is for Arbitrators | 10/08/2018 | |
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| Source: Michael C. Duff | |||
| State: CA | Segment: Top | 0 | |||
| Months ago, I asked whether arbitrators would decide the scope of the gig economy. ...Read More | |||
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Duff: Thinking Clearly About the Quid Pro Quo | 09/10/2018 | |
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| Source: Michael C. Duff | |||
| State: KS | Segment: Top | 0 | |||
| I wanted to make some comments about the recent Kansas quid pro quo case Johnson v. U.S. Food Serv. ...Read More | |||
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Duff: Wyoming's Strange Workers' Compensation Non-Relationship With Wal-Mart | 07/05/2018 | |
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| By: Michael C. Duff | |||
| State: WY | Segment: Top | 0 | |||
| More from my excursion writing a Wyoming workers’ compensation treatise. ...Read More | |||
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Duff: Why Quid Pro Quo Unconstitutionality Arguments Work Better in Some States Than Others | 06/19/2018 | |
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| By: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| Quid pro quo arguments resonate more forcefully in Kansas and Florida than in many other states, and there is a state constitutional doctrinal reason why this is so. ...Read More | |||
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Duff: Murphy Oil and an Even Slipperier Slope of Forced Arbitration | 06/01/2018 | |
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| Source: Michael C. Duff | |||
| State: NA | Segment: Top | 0 | |||
| The Supreme Court’s May 21 ruling in Murphy Oil/Epic Systems/Ernst & Young may be read narrowly as an opinion holding that the National Labor Relations Act d...Read More | |||
