tag:blogger.com,1999:blog-3457693.post112194814215147503..comments2024-03-17T15:28:38.818-05:00Comments on Brian Peterson's West Virginia Legal Weblog: FMLA claims cannot be settled without court or DOL approvalAnonymoushttp://www.blogger.com/profile/18058860831020190866noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3457693.post-42985933647358590342007-12-16T03:04:00.000-05:002007-12-16T03:04:00.000-05:00Unfortunately I am BOTH an former Law Student/prac...Unfortunately I am BOTH an former Law Student/practicioner AND a litigant involved in an issue where this directly applies...<BR/><BR/>In fact I'm considering submitting an Amicus Curiae to the case before the Supreme Court in favor of the Employee in Taylor.<BR/><BR/>The Problem lies herein, to allow the employer and their counsel to be the final determinant of the facts of a specific case thereby completely eliminates the intent and nature of the statute.<BR/><BR/>It is akin to a private bank being able to self determine federal regulations regarding economic and financial disclosure requirements... <BR/><BR/>If the employer is allowed to simply appoint counsel who then becomes the "trier of fact" in such a case.. the statute has no effect and imposes no additional duty other than those traditionally inferred or expressed in a typical employer employee relationship. <BR/><BR/>The courts are there for a REASON. For an employer who is often the source of the legal problem to claim that the "procedural" difficulties in defending actual litigation preclude enforcement of a federal statute is ludricrous.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3457693.post-1124077522090387512005-08-14T22:45:00.000-05:002005-08-14T22:45:00.000-05:00I recently heard about this case while I was resea...I recently heard about this case while I was researching for a topic for the W. Va. Law Review. I was wondering if you thought that this would be useful if I did write about this topic. if you have any other interesting ideas for a note topic, please let me know.Anonymousnoreply@blogger.com