Canada: Back To Basics: HRTO Follows Figliola And Refuses To Allow Relitigation Of WSIB Claim

In 2011, the Supreme Court of Canada released its decision in British Columbia (Workers’ Compensation Board) v Figliola (“Figliola”). The Figliola decision addressed the issue of the relitigation by human rights tribunals of issues already addressed in other proceedings.

In Figliola, several claimants brought claims under workplace compensation legislation for benefits. The claimants were unhappy with the results of those complaints. They then brought complaints before the Human Rights Tribunal flowing from the denial of […]

By | December 9th, 2014 ||

United States: Do You Want Employees To Stop Filing Harassment Claims? Try Positive Reinforcement

This weekend, as I was revising a position statement an associate had drafted for me and I wrote that an argument was a good argument, I was reminded of a slightly sad discussion with another associate that made me question how we as lawyers generally relate to employees.  All too often in the desire to make things perfect for clients and the rush to meet litigation deadlines, I think we edit documents only to […]

By | December 9th, 2014 ||

United States: Federal Judge Awards Attorneys’ Fees To Defendant In Dismissed Qui Tam Case, Calls Whistleblower A "Serial Relator"

In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor.  Fox filed one of those cases against OmniCare, Inc., PharMerica Corp., and Managed Health Care Associates, Inc. and its wholly owned subsidiary (MHCA), alleging that the defendants (1) failed to substitute generic drugs for brand-name drugs in […]

By | December 9th, 2014 ||