At the end of 2016, the Department of Labor issued a decision denying summary judgment for Claimant in Eixenberger v. Rapid City Winair Company and Travelers Ins. Co., HF No. 128, 2014/15, citing that several factual issues still needed to be hashed out and summary judgment was not proper.
Eixenberger worked for Rapid City…
The South Dakota Department of Labor recently held that when a Petition for Hearing is not filed within two (2) years from the date of the denial letter, the claim cannot be reopened for a change in condition pursuant to SDCL 62-7-33. In Palmquist v. Luverne Truck Equipment, Inc. and Travelers Insurance, the Claimant’s…
Two 5th Circuit rulings recently addressed damages in claim brought under the Age Discrimination and Employment Act (ADEA) and the Fair Labor Standards Act (FLSA). In Vaughan v. Anderson Regional Medical Center, 5th U.S. Circuit Court of Appeals, No. 16-6-1-4, a three-judge panel found that the plaintiff was not entitled to any damages for…
