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Industry Insights

 

Duff: Some Quick Thoughts on Presumptions 08/13/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
I am very clear on why certain people do not “understand” COVID-19 workers’ compensation causation presumptions. There is that very old (gendered) Upton Sinclair saw: “It is difficult to get a man to understand something when his salary depends upon his not understanding i...Read More
 
 

Duff: Report Recommends OSHA Private Right of Action 08/03/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
Departing sharply from notions of “liability immunity,” member scholars at the Center for Progressive Reform (CPR) — including yours truly — have offered in a new report ...Read More
 
 

Duff: Are Liability Immunity and Personal Security Irreconcilable Ideas? 07/23/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
I wrote in general terms back on June 10 about the “liability shield” that will probably be front and center in the debate over the next COVID-19 relief bill. Everyone is pretty clear about the immunity provisions it will contain. ...Read More
 
 

Duff: State Supreme Court Rules Air Ambulance Rates Regulable 07/02/2020
By: Michael C. Duff
State: TX | Segment: Top | 0
Contrary to all prior federal circuit courts that have decided the question, the Texas Supreme Court, in Texas Mut. Ins. Co. v. PHI Air Medical LLC, has decided that the Airline Deregulation...Read More
 
 

Duff: Workers Win Preliminary Injunction on Public Nuisance Theory 06/25/2020
By: Michael C. Duff
State: CA | Segment: Top | 0
All the stars aligned for a worker-filed a public nuisance suit — at least, chapter one of the suit — the most important of which were probably that the case was b...Read More
 
 

Duff: No Wonder They Want Immunity 06/16/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
As I read through Michael Grabell, Claire Perlman and Bernice Yeung’s ...Read More
 
 

Duff: I Hate to Burst Your Bubble 05/28/2020
By: Michael C. Duff
State: IL | Segment: Top | 0
The new Illinois workers' compensation COVID-19 presumption is actually three presumptions. The full text of the statutory language is ...Read More
 
 

DuVall: Battling Fraud During a Pandemic 05/18/2020
By: A.D. DuVall
State: NA | Segment: Top | 0
As my 10-year-old kicked off week nine of distance learning from home and I entered my fourth month as deputy executive director of the coalition, I've had a prime opportunity to reflect on the extraordinary circumstances the world is confronting at the moment. ...Read More
 
 

Duff: Desperate Litigation in the Meatpacking Industry 05/12/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
I have had a couple of inquiries in the last few days about lawsuits filed by employees against meatpacking plants. ...Read More
 
 

Duff: Reopening the Economy at Any Cost? 04/27/2020
By: Michael C. Duff
State: NA | Segment: Top | 0
One of my favorite commentators, Nassim Taleb, thinks the Covid-19 experience is a white swan, not a black one. (He predicted the event — or one a lot like it — back in 2007. And I am under the impression that it has always been just a matter of time). ...Read More
 
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