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Posted by: Salvatore J. Zambri, Esquire A Virginia jury just recently awarded $8 million in damages to a woman who suffered severe injuries as a result of being struck by a bus owned by the GRTC Transit System. The plaintiff now suffered significant chronic pain as a consequence of serious injuries to her spine and shoulder, as well multiple fractures to her hip and pelvis. Although the jury awarded what it believed was fair, the injured victim of the bus company's negligence will be forced to... Posted on November 19, 2009 at 11:51 am

Posted by: Salvatore J. Zambri, Esquire The website of KSL-TV of Salt Lake City reports that more than 640,000 pacifiers have been recalled because they pose potentially fatal choking hazards. According to the report, "The U.S. Consumer Product Safety Commission announced on Wednesday a voluntary recall of 641,000 'Bobby Chupete' pacifiers." The government "says there is a choking hazard because the pacifiers' mouth guards are too small." These pacifiers are made in China and imported by Grand... Posted on November 19, 2009 at 05:31 am

Posted by: Salvatore J. Zambri, Esquire Teens and their parents are texting fanatics. That's what a recent study shows. And it's getting worse. A report by the Pew Research Center's Internet & American Life Project indicates that one out of four (25%) of American cellphone-owning teens ages 16 to 17 text while driving, and "almost half of Americans ages 12 to 17 say they've been in cars with someone who texted while behind the wheel," according to a Washington Post report. Not surprisingly,... Posted on November 17, 2009 at 07:01 am

The WSJ reports that Chinese regulators have authored a law that would give Chinese insurers greater freedom to invest in commercial real estate. This change in investment rules is included in a revision to the insurance law making its way through Chine's legislature and could go into effect as early as the end of this year. Although real estate investment by insurance companies is not new to the US market, the WSJ reports that Chinese insurers are relatively restricted on what assets they may... Posted on September 3, 2008 at 03:53 pm by Multifamily Real Estate Industry Team

Prior to the enactment last month of the Housing Assistance Tax Act of 2008 (the "Act") (for a detailed explanation of the Act, you can go to [thomas.loc.gov]), a real estate investment trust (a "REIT") could not in a tax-efficient manner derive the economic benefit of operating or managing a "health care facility," a term that includes a nursing home, assisted living facility, congregate care facility or a qualified continuing care facility. Instead, most REIT's that owned senior housing... Posted on August 25, 2008 at 04:07 pm by Multifamily Real Estate Industry Team

The long awaited housing bill has been enacted H.R. 3221, the Housing and Economic Recovery Act (HERA) [frwebgate.access.gpo.gov] is in reaction to the inaction of the federal government in the run up to the subprime housing crisis. Whether this legislation is an over-reaction is yet to be seen. More importantly, how is this 260-page bill going to effect the multi-family housing market? HERA makes significant changes to the Low Income Housing Tax Credit (LIHTC) program increasing the available... Posted on August 22, 2008 at 10:26 am by Multifamily Real Estate Industry Team

I often represent clients on claims that an employer's business interests were harmed by the disloyal or otherwise unlawful conduct of a former employee. Typically, these employer lawsuits allege breach of contract, breach of the duty of loyalty, misappropriation of trade secrets, conspiracy, tortious interference and related claims. Below are some questions and answers designed to present these concepts in general terms. Question: What is the common law fiduciary duty of loyalty? Answer: In... Posted on September 23, 2009 at 07:29 pm by Lori J. Searcy

Here, I provided FAQ's for employers and employees in Virginia and the District of Columbia concerning employment separation or severance agreements. As noted, a typical separation agreement will include a broad waiver and release of claims the employee may have had against the employer in exchange for severance pay and other consideration. Recently, the Equal Employment Opportunity Commission ("EEOC") published Understanding Waivers of Discrimination Claims in Employee Severance Agreements.... Posted on August 23, 2009 at 02:13 pm by Lori J. Searcy

Effective today, July 24, 2009, the federal minimum wage is $7.25. Here is a link to the Federal Minimum Wage Poster. Posted on July 23, 2009 at 10:22 pm by Lori J. Searcy

On November 18th, the Ninth Circuit issued an opinion reversing and remanding a WD Washington decision that had precluded a biotechnology company from seeking recovery against a third party for contractual indemnity claims relating to a qui tam action. The qui tam defendant, Cell Therapeutics, Inc. (CTI), had hired the Lash Group to provide Medicare reimbursement consulting services. CTI alleged that Lash Group had advised it that off-label uses of CTI's cancer drug were reimbursable by... Posted on November 20, 2009 at 09:53 pm by admin

At a press conference today, Civil Division Assistant Attorney General Tony West announced DOJ's FCA recoveries for the fiscal year which ended on September 30. According to the DOJ press release, the US recovered $2.4 billion under the False Claims Act, bringing to more than $24 billion the total recoveries since the 1986 amendments which revitalized the FCA. Some highlights: $2 billion, or 83% of the recovery, came from qui tam suits Relators received $255 million (12.75%) in awards... Posted on November 19, 2009 at 04:35 am by Ben Vernia

DOJ announced on November 18 that it had reached a settlement, of $3.02 million plus interest, with Trinitas Regional Medical Center in Elizabeth, New Jersey, and that it was intervening against Brookhaven Memorial Hospital in East Patchogue, New York. The qui tam suit, brought in 2005 by relator Tony Kite, alleged that the hospitals had inflated their costs, and sought and received outlier payments (supplemental reimbursements made to hospitals and other health care providers in cases where... Posted on November 18, 2009 at 11:36 pm by Ben Vernia

/**/ Let's say for the sake of argument that we decided to get into the car wax business. Let us further say that we spent millions of dollars on an advertising campaign in which we claimed that not only would our wax make your car extremely shiny, but would also make it run better. If we ran ads making this claim in newspapers, on television, the radio and the internet, we would be in serious trouble, regardless of the accuracy of our claims about the ability of our wax to make cars shine. The... Posted on November 20, 2009 at 06:41 am

/**/ There are two major principles at work in any medical facility. The first is the Hippocratic Oath, which is basically an affirmation of what practicing medicine is supposed to be about. It includes statements like: I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism. I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's... Posted on November 17, 2009 at 01:14 pm

Doctors and nurses do not have x-ray vision. They can't tell exactly what is wrong with you simply by looking. What they do have at their disposal is the next best thing: actual X-ray machines, MRI's, CAT-scans, and years of intensive training, during which they are taught to recognize telltale symptoms of illnesses and conditions in their patients. But none of these will do a patient any good whatsoever if the doctor can't be bothered to getting around to seeing them. Death or permanent injury... Posted on November 13, 2009 at 06:20 am

On November 21, 2009, the Genetic Information Non-Discrimination Act of 2008 (P.L. No. 113-233) also known as GINA will take effect. Title II of the Act prohibits employers, employment agencies, and other employment related entities from discriminating against an employee or applicant due to genetic information. Some of the prohibited acts include failing or refusing to hire, or to refer for hiring, an individual due to genetic information. Covered entities are also prohibited from... Posted on November 18, 2009 at 07:01 am by admin

On November 3, 2009, the 5th Circuit Court of Appeals held that a Sarbanes-Oxley Act (SOX) claim can be precluded by a failed Title VII discrimination suit. The per curium decision came in Thanedar v. Time Warner, Inc.. To determine whether the SOX claim was barred, the Court used a transactional test and found that "the two claims rest on 'the same nucleus of operative facts.'" Accordingly, the preclusive effect of the prior Title VII judgment "extends to all rights the original plaintiff had... Posted on November 17, 2009 at 07:52 am by admin

On November 3, 2009, a bill entitled the Emergency Influenza Containment Act (H.R. 3991) was introduced by U.S. Rep. George Miller (D-CA) and referred to the House Committee on Education and Labor. The bill provides up to five days paid leave for employees sent home by their employer due to a contagious illness. The purpose is to "ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they... Posted on November 6, 2009 at 06:38 am by admin

On November 12, 2009, the 2nd Circuit Court of Appeals affirmed a lower court decision granting summary judgment in favor of an employee. The case was Young v. Cooper Cameron Corp.. Young alleged that his employer willfully misclassified him as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), and he also claimed that it hired him into an exempt position while giving him the work of a non-exempt employee. Young originally applied as a Mechanical Designer, a non-exempt... Posted on November 16, 2009 at 07:17 am by admin

The settlement was reached in a putative class action suit originally filed on April 17, 2008. The suit, Danieli et al. v. IBM Corp., alleged that IBM misclassified thousands of employees as exempt from the Fair Labor Standard Act's ("FLSA") overtime pay requirements. The plaintiffs claim that as a result of this misclassification, they were underpaid and failed to receive credit for overtime compensation for their retirement plan as required by the Employee Retirement Income Security Act. The... Posted on October 22, 2009 at 06:39 am by admin

On Wednesday, October 14, 2009, the Secretary of Labor submitted an amicus curiae brief supporting the position of over 2,500 pharmaceutical sales representatives seeking payment for overtime. The brief claims that the U.S. District Court for the Southern District of New York erred when it found that Novartis Pharmaceutical sales representatives are exempt from the overtime provisions of the Fair Labor Standards Act ("FLSA"). At issue is whether the sales representatives were exempt under... Posted on October 20, 2009 at 07:36 am by admin

Today we filed a lawsuit challenging the decision of the U.S. Fish and Wildlife Service to remove the West Virginia Northern Flying Squirrel from the protection of the Endangered Species Act. Friends of Blackwater v. Salazar, No. 1:09-cv-02122 (D.D.C.). On behalf of Friends of Blackwater, The Wilderness Society, Center for Biological Diversity, Southern Appalachian Forest Coalition, Wild South, and Judith S. Rodd, our complaint challenges the agency's decision to delist the Squirrel without... Posted on November 12, 2009 at 06:04 am by Meyer Glitzenstein & Crystal

Last week, in Animal Welfare Institute v. Beech Ridge Energy, the federal district court in Greenbelt, Maryland held an expedited trial over claims that the Beech Ridge wind project's construction and operation will "take" endangered Indiana bats in violation of the Endangered Species Act, and hence requires an "incidental take permit" from the Fish and Wildlife Service. The Court heard testimony from experts on both sides, and the trial will conclude on Thursday, October 29 with expert... Posted on October 26, 2009 at 06:50 am by Meyer Glitzenstein & Crystal

On Friday we filed for summary judgment on behalf of Showing Animals Respect and Kindness (SHARK), which is challenging the Fish and Wildlife Service's (FWS) refusal to release records concerning a well-known country singer's use of a bow and arrow to kill a captive bear - named "Cubby" - in a fenced enclosure. Among other records, SHARK has requested the video the singer made of the killing, which was doctored to make it appear as though he was engaged in a fair chase hunt of a wild bear.... Posted on October 13, 2009 at 12:52 am by Meyer Glitzenstein & Crystal

The district court in Reyes v. Goya of Puerto Rico, Inc. held that the Uniformed Services Employment and Reemployment Rights Act ("USERRA") does not per se preempt state tort law claims. In reaching this result, the court clarified that the preemption provision under USERRA applies only where the second claim either "hinges upon the same facts underlying [the] USERRA claim" or "explicitly reduces, limits, or eliminates&#xe2€&#xa6[a] right or benefit provided by USERRA." The case was initiated by... Posted on August 21, 2009 at 01:51 pm by admin

A federal judge has ordered Wachovia Securities, LLC ("Wachovia") to reinstate and pay $1.3 million in back pay and damages to a former financial advisor who alleged that the company violated his rights under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). According to the former financial advisor, Wachovia violated his USERRA rights when it offered him a lower-paying, less-advanced position upon his return from active duty in 2004. In response to Michael Serricchio's... Posted on March 25, 2009 at 08:16 am by admin

Rep. Artur Davis (D-Al.) has introduced H.R. 1474 to strengthen protections for veterans, reservists and other members of the uniformed services who return to the workforce after military service or active duty. The bill, which amends the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), codified at 38 U.S.C. &#xc2&#xa7&#xc2&#xa7 4301 - 4333, would improve the enforcement mechanism of USERRA by: Clarifying that USERRA prohibits wage discrimination; Prohibiting mandatory pre-dispute... Posted on March 25, 2009 at 08:10 am by admin

The Emergency Economic Stabilization Act (EESA), also known as the Financial Bailout Law, authorizes the U.S. Department of the Treasury to spend up to $700 billion to secure the national economy. However, the Treasury Department has and will spend much of that money without following the long-established rules that govern more typical government procurements, including the Federal Acquisition Regulation (FAR). The Treasury Department's implementation of the EESA has been a fluid process, with... Posted on April 14, 2009 at 10:41 am

Today marks the launch of our Government Contracts blog. It coincides, more or less, with President Obama's March 4, 2009 memo launching his Government Contracting initiatives. On their face, the initiatives are nothing new. They really just ask Office of Management and Budget to develop some guidance on various contracting topics. Still, the President has given us a good idea of his preferences. He doesn't like sole source contracts. He likes competition. He doesn't like cost-reimbursement... Posted on April 8, 2009 at 11:34 am

On March 4, 2009, President Obama signed a memorandum that tasks the heads of all executive agencies with ensuring that the Federal Government will perform its functions efficiently and effectively while ensuring that its actions result in the best value for taxpayers. The memo creates a critical issue for government contractors: it suggests that the President may be inclined to have the Federal workforce, as opposed to private contractors, perform a greater portion of the Government's work,... Posted on April 7, 2009 at 11:41 am