Provides a suite of medical programs that delivers the highest quality of care and rapid return-to-work. Strategic claims management. Optimal results. Click for details. Browning-Ferris, Inc. Eateries, Inc. Please support our work with a donation. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. The case is therefore ordered submitted without oral argument.
The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. Defendant Halliburton Co. Halliburton terminated Sims five years later, in the wake of an audit of one of the outside contractors. Sims brought suit against Halliburton, contending he was terminated in retaliation for reporting violations of environmental law and because of his age. He sought redress for the alleged retaliation through a state law claim for discharge in violation of public policy, and he sought redress for the alleged age discrimination through a state law claim under the Oklahoma Anti-Discrimination Act, Okla.
Halliburton filed a motion for judgment on the pleadings under Fed. Sims, in turn, asked the district court to certify to the Oklahoma Supreme Court the question whether an implied right of action for age discrimination exists under the OADA.
See Okla. Thereafter, Halliburton moved for summary judgment under Fed. We exercise jurisdiction under 28 U. See May v. National Union Fire Ins. Our task is to achieve the same result in federal court that would have been reached in state court had the state claims been pursued there. See Perlmutter v. United States Gypsum Co.
Farmers Ins. See Perlmutter , 54 F. City of Overland Park, Kan. We apply the same standard of review to the entry of judgment on the pleadings under Rule 12 c as we do to the dismissal of a complaint under Rule 12 b 6. See Bishop v. Federal Intermediate Credit Bank , F.
Mullinix , P. In Richmond v. K Mart Corp. See Hayes , P. See Griffin , P. Sims raises several arguments on appeal in an attempt to circumvent this deficiency. First, Sims simply denies that his complaint makes any reference to violations of federal law and argues, therefore, that his claim should not be so limited. He has led organizations with software solutions for syndromic surveillance, emergency response and disaster relief, inpatient clinical management, emergency department information management, practice management, post-acute, and long-term care management for skilled nursing and assisted living, and revenue cycle management.
Owen is board-certified in Emergency Medicine and Clinical Informatics. In addition to more than 35 years of emergency medicine clinical experience, he has co-founded two successful Healthcare Information Technology companies. Owen has successfully guided the development and deployment of point-of-care solutions supporting more efficient and effective clinical practice. Adoption of these rules requires approval by two-thirds of Member States, and they are expected to be voted on and adopted in early While by no means exhaustive, below we highlight noteworthy features of the amended rules:.
These disclosure obligations apply throughout the proceeding. In this vein, WP6 adds additional disclosure obligations for parties backed by TPF, including the obligation to disclose the names of the persons and entities that own and control a funder that is a juridical person. Transparency has been a significant issue since the consultative process started. Greater transparency is linked to higher accountability of investment tribunals and greater support from civil society.
In this regard, the proposed rules have tried to increase transparency through increased publication of awards, decisions, and orders. The proposed wording of the new Arbitration AR 62 and new Additional Facility Rule 73 would stipulate that absent a clear objection in 60 days, a party will be deemed to have consented to the publication of the award.
These structural reforms, and their relationship with the legal fragmentation of ITA, will be discussed in more detail in our upcoming series on the Blog: Regime Interaction in Investment Arbitration. To make sure you do not miss out on regular updates from the Kluwer Arbitration Blog, please subscribe here.
0コメント