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New York Law Journal

Administrative Law Judge Says Uber Drivers Are Employees, Not Contractors

"Uber did not employ an arm's-length approach to the claimants as would typify an independent contractor arrangement," a state Department of Labor administrative law judge wrote, finding three Uber drivers, and "similarly situated" others in New York City, are entitled to unemployment benefits.
8 minute read

New York Law Journal

Court Orders Disclosure of Surgery Probe Records

The Third Department has allowed the wife of a man who suffered complications during heart surgery to access investigative findings from a state Department of Health review of the procedure that were previously withheld by the agency.
3 minute read

New York Law Journal

Contesting Relocation Liens: Innocent Landowners Get Burnt

In their Housing Litigation column, Adam Leitman Bailey and Dov A. Treiman discuss 'Rivera v. HPD,' a decision "stronger on emotion than analysis" where the Court of Appeals "eliminated a building owner's path to determining the validity of liens placed against its building in relocating the building's tenants when the building became the subject of vacate order."
12 minute read

New York Law Journal

Frazier v. Colvin

Social Security Commissioner Granted Judgment in SSI Overpayment Waiver Action
2 minute read

National Law Journal

Law Firms React to Growing Wave of Whistleblower Lawsuits

Plaintiffs firms and corporate defense firms have been adding whistleblower law experts as the number of suits proliferates along with the number of state and federal laws that have been enacted allowing qui tam claims.
20 minute read

The Legal Intelligencer

Waters v. Commonwealth of Penn. Dep't. of Trans., PICS Case No. 17-0530 (C.P. Lehigh Feb. 28, 2017) Reichley, .J. (11 pages).

The court denied an appeal of a driver's license suspension where she engaged in conduct that constituted a refusal of chemical testing. The court reinstated the license suspension.
3 minute read

New York Law Journal

Bryant v. Berryhill

Evidence Supports RFC Finding; Treating Doctor's Opinion Inconsistent With Record
1 minute read

The Legal Intelligencer

Court OKs PUC's Record Fine Against Energy Distributor

The record-high penalty the Pennsylvania Public Utility Commission levied against an energy distribution company that allegedly overcharged customers during the 2014 polar vortex has been upheld under a ruling issued by a sharply divided Commonwealth Court.
8 minute read

New York Law Journal

Uber Fined $98,000 for Underreporting Lobbying Expenditures in Albany

New York's state ethics and lobbying regulators fined ride-hailing company Uber Technologies Inc. $98,000 for failing to report $6.3 million in lobbying expenses in its biennial registration report.
3 minute read

The Legal Intelligencer

Alderwoods (PA), Inc. v. Pa. Public Utility Commission, PICS Case No. 17-0839 (Pa. Commw. May 10, 2017) Hearthway, J. (8 pages).

Petitioner's application for review in the Commonwealth Court's original jurisdiction was premature where the matter was still before the public utility commission and, thus, petitioner failed to exhaust its administrative remedies before seeking review in the court's appellate jurisdiction. The Commonwealth Court granted defendants' preliminary objections and dismissed the petition for review in the court's original jurisdiction.
3 minute read

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