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Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits. More >

With Trump in Office and Gorsuch on the Bench, Don’t Hesitate to Arbitrate

With dramatic changes recently occurring in the U.S. executive, legislative, and judicial branches, corporate lawyers are growing accustomed to “wait and see” approaches. Amidst all the uncertainty, arbitration agreements may be the one thing to advance proactively. Jeremy Robb and Sandra Jezierski, attorneys with Minneapolis-based Nilan Johnson Lewis, say now is the time to move […] More >

Is a Broken Arm a “Disability”? Recent Cases Reinforce that Bright-Line Rules Are Dangerous When it Comes to the ADA

What was long seen as a temporary setback may now be considered by some courts to be a disability under the Americans with Disabilities Act (ADA), as illustrated by two recent district court rulings. In Orr v. City of Rogers, the plaintiff experienced significant and prolonged healing difficulties associated with a broken arm, which led […] More >

The Toll of Executive Orders on Federal Contractors

When one administration ends and another comes in, employers are often left to wonder which direction the legislative winds will blow. One group often caught in the middle of the game is federal contractors who must comply with certain executive orders from the Office of Federal Contract Compliance Programs (OFCCP) or lose out on business […] More >

Proposed Legislation May Limit Size of Class Actions

The process for plaintiffs bringing class action lawsuits against businesses in the U.S. may become more demanding thanks to a bill that passed in the House of Representatives (220 votes to 201) in March 2017 and is now awaiting review in the Senate’s Judiciary Committee. Introduced by Rep. Bob Goodlatte (R-Virginia) in February, the “Fairness […] More >

Recalls: What Information Should Be On Your Social Media Forums?

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other social media websites? And more importantly, will doing so help protect it from CPSC scrutiny and potential penalties? Members of […] More >