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Results: 1-10 of 566

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident
  • Proskauer Rose LLP
  • USA
  • March 21 2017

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a


American Health Care Act - Key Takeaways for Employers and Plan Sponsors
  • Proskauer Rose LLP
  • USA
  • March 9 2017

On March 6, 2017, the House of Representatives’ Ways and Means Committee and Energy and Commerce Committee released budget reconciliation


Employment Status - Secretary of State for Justice v Windle and Arada
  • Proskauer Rose LLP
  • United Kingdom, USA
  • August 2 2016

In Secretary of State for Justice v Windle and Arada the Court of Appeal held that: supplying services on an assignment-by-assignment basis, rather


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation


Is the writing on the screen? The Ninth Circuit clarifies movie theater captioning obligations
  • Proskauer Rose LLP
  • USA
  • May 26 2010

In State of Arizona ex rel. Goddard v. Harkins Amusement Enterprises, Inc., No. 08-16075, 2010 U.S. App. LEXIS 9042 (9th Cir. Apr. 30, 2010), the United States Court of Appeals for the Ninth Circuit recently held that while open captioning is not a required auxiliary aid or service in movie theaters as a matter of law under the Americans with Disabilities Act (“ADA”), other forms of closed captioning and descriptive narration (e.g., rear-projection captioning) may be a required auxiliary aid and service, absent a showing by the movie theater of undue burden or a fundamental alteration of its services


Back from the Dead - Cures Act Resurrects Premium Reimbursement Arrangements for Small Employers
  • Proskauer Rose LLP
  • USA
  • December 19 2016

Last week, President Obama signed the 21st Century Cures Act (the “Cures Act”), which contains numerous provisions touching on a wide range of public


ERISA pre-emption in provider misrepresentation claims: an overview of the jurisprudence leading up to the Fifth Circuit’s en banc review of Access Mediquip and what lies ahead
  • Proskauer Rose LLP
  • USA
  • September 14 2012

The U.S. Court of Appeals for the Fifth Circuit recently granted en banc review of its decision in Access Mediquip LLC v. UnitedHealthcare Ins. Co. to address a frequently recurring issue arising in health care litigation: whether ERISA Section 514 preempts a third-party provider’s state law claims premised on allegations that it was misled by an insurer’s statements regarding patient coverage


Another Post-Tackett Ruling Denying Retiree Health Benefits
  • Proskauer Rose LLP
  • USA
  • January 12 2016

A district court in West Virginia recently held that retirees were not entitled to lifetime health benefits under the clear and unambiguous language


Mental Health Parity Act: a litigation update
  • Proskauer Rose LLP
  • USA
  • September 10 2014

The Federal Mental Health Parity and Addiction Equity Act (the "Federal Parity Act"), like many similar state parity laws, mandates that financial


District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward
  • Proskauer Rose LLP
  • USA
  • September 27 2016

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the