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Searching Content indexed under Trials & Appeals & Compensation by Dickinson Wright PLLC ordered by Published Date Descending.
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1
Will USMCA Be the Trick Or Treat In October 2019
Two key issues impact whether Speaker Pelosi will proceed with the vote.
United States
14 Oct 2019
2
The Sixth Circuit Reaffirms The "Less Burdensome" Standard For Adverse Actions In Retaliation Claims And Upholds Punitive Damages Against Employer
In a decision designated for publication, the United States Court of Appeals for the Sixth Circuit issued an order reaffirming the "less burdensome" standard for "material adverse actions"
United States
10 Oct 2019
3
Can You Take Discovery In The U.S. For Foreign Arbitrations? Maybe, Says The Sixth Circuit Court Of Appeals
The U.S. Court of Appeals for the Sixth Circuit ruled on September 19, 2019 that U.S. District Courts may order individuals and entities within the United States ...
United States
7 Oct 2019
4
Recent Case Sheds Light On When A Trade Or Business Begins
A recent Tax Court summary opinion, Smith v. Commissioner, T.C. Summ. Op. 2019-12, sheds light on when a business becomes an active trade
United States
11 Sep 2019
5
Transfer of Intangible Assets From US Companies To Their Foreign Affiliates
With the 9th Circuit Court of Appeal's recent decision in Amazon.com Inc. et al v Commissioner of Internal Revenue, upholding a U.S. Tax Court ruling rejecting a broader definition of intangible assets.
United States
4 Sep 2019
6
Avoiding The Tennessee Retainage Requirements
In Vic Davis Construction, Inc. v. Lauren Engineers & Constructors, Inc., the Tennessee Court of Appeals approved a contractor's use of closeout costs to "holdback" 5% of the contract price without complying with the...
United States
11 Jul 2019
7
Why The U.S. Supreme Court's Decision To Allow Federal Registration Of FUCT Impacts Every Day Businesses
On June 24, 2019, the U.S. Supreme Court ruled in Iancu v Brunetti that prohibiting federal registration of "immoral or scandalous" marks violates the free speech provisions of the First Amendment.
United States
3 Jul 2019
8
Parental Decision vs. The Nanny State
Arizona Family Courts, like all courts dealing with the trauma and fluid emotions surrounding the break-up of families, constantly grapple with the issue of where to draw the line
United States
17 May 2019
9
Can There Be More Than One "Final Order" For Purposes Of Appeal?
As a general rule, the Michigan Court of Appeals' jurisdiction is limited to appeals of right from a "final judgment or final order." MCR 7.203(A)(1)
United States
10 May 2019
10
Can There Be More Than One "Final Order" For Purposes Of Appeal?
As a general rule, the Michigan Court of Appeals' jurisdiction is limited to appeals of right from a "final judgment or final order." MCR 7.203(A)(1).
United States
2 May 2019
12
Court Rules UBH Coverage Guidelines A Monumental Fixer-Upper
Earlier this month, on March 5, 2019, the U.S. District Court in the Northern District of California filed a 106-page Findings of Fact and Conclusions of Law in the class action Wit v. United Behavioral Health ("UBH").
United States
1 Apr 2019
13
Sixth Circuit Allows Both Punitive Damages And Bad Faith Damages Against Insurance Company On Bad Faith Refusal To Pay
Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018),
United States
8 Mar 2019
14
Michigan Court Of Appeals Holds That Medical Marihuana Act Does Not Prohibit Employers From Rescinding Offers Of Employment After Positive Tests
On February 19, 2019, the Michigan Court of Appeals held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act ("MMMA") when it rescinds a conditional offer of employment based upon a positive drug test.
United States
6 Mar 2019
15
Caveat Contractor: Arizona Court Of Appeals Interprets Prompt Pay Act As "Prompt Billing Act" To Deny Relief To Unpaid Contractor
The Arizona Court of Appeals recently denied a contractor's claim that the owner had violated Arizona's prompt pay act despite the owner's admission that it had not paid the contractor or objected to the payment application within the statutory time.
United States
5 Mar 2019
16
What To Expect When Mediating Your Divorce Case
Many times the thought of going to court to resolve issues pending in your divorce is frightening.
United States
21 Feb 2019
17
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
18
Where To Next? Ontario Court Of Appeal Rules That Arbitration Clause Is Invalid, Clearing The Road For Class Action Against Uber
A recent Ontario Court of Appeal decision may have significant implications on the interpretation of "dispute resolution" provisions contained in employment and independent contractor agreements.
Canada
12 Feb 2019
19
Sixth Circuit Affirms Attorneys' Fees For "Enforcement" Of Non-Compete Agreement
In a dispute involving a non-compete agreement with three former employees, the U.S. Court of Appeals for the Sixth Circuit recently upheld a district court decision to award attorneys' fees ...
United States
28 Jan 2019
20
The Sixth Circuit Offers Employers Guidance On The Americans With Disabilities Act's "Interactive Process"
On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act's ("ADA") ...
United States
18 Jan 2019
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