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    The Lawletter Blog

    Anne B. Hemenway

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    WORKERS' COMPENSATION: Collection and Jurisdiction in Multistate Workers' Compensation Cases

    Posted by Anne B. Hemenway on Wed, Jul 8, 2015 @ 13:07 PM

    The Lawletter Vol 40 No 5

    Anne Hemenway, Senior Attorney, National Legal Research Group

         Workers' compensation claims are often straightforward where the worker has suffered a clear work-related injury in the jurisdiction in which the employer is located. Where a worker has been injured in a work-related accident while traveling in a different state for work, however, different jurisdictions impose specific jurisdictional restrictions notwithstanding the workers' compensation insurance contract. See McIlvaine Trucking, Inc. v. Workers' Comp. Appeal Bd. (States), 810 A.2d 1280 (Pa. 2002) (holding that where a worker who regularly traveled to other states for work was injured in Pennsylvania, the parties' agreement to be bound only by the West Virginia Workers' Compensation Act was unenforceable as against Pennsylvania public policy, which requires in-state workers' injuries to be governed only by the Pennsylvania workers' compensation laws).

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    Topics: jurisdiction, Anne B. Hemenway, workers' compensation, jurisdictional restrictions, claims

    BANKING LAW: Credit Card Issuer Prevails in Class Action Brought Under Credit CARD Act of 2009

    Posted by Anne B. Hemenway on Wed, Mar 25, 2015 @ 12:03 PM

    The Lawletter Vol 40 No 1

    Anne Hemenway, Senior Attorney, National Legal Research Group

         The Credit Card Accountability Responsibility and Disclosure Act of 2009 (the "Credit CARD Act of 2009"), Pub. L. No. 111-24, 123 Stat. 1734, H.R. 627 (2009), amended the Federal Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601 et seq., by specifically requiring banks to make additional disclosures to consumers regarding their credit cards. These included disclosures prior to renewal of a credit card, 15 U.S.C. § 1637(d)(1), and disclosures when the creditor makes changes to the terms and notices, as well as advertising disclosures. Additional consumer regulations were later promulgated under the Credit CARD Act of 2009. In August 2010, regulations became effective that provided that if a card issuer prospectively changes the annual percentage rate ("APR") on the card based on certain factors, the card issuer must also apply the same factors to determine whether a reduction in the APR is proper. See 12 C.F.R. §§ 226.52(b), 226.59. Importantly, these regulations also require that a card issuer can assess penalty fees for late payments only in such a way as represents a "reasonable proportion of the total costs incurred by the card issuer." Id. § 226.52(b)(1)(i).

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    Topics: credit card, banking law, Credit CARD Act of 2009, disclosures to consumers, Cred CARD Act of 2009

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