Law Offices of Eddie Vassallo, P.C.

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Freedom of Information Act

The Freedom of Information Act (FOIA) is a federal law that was passed in 1966. It ensures government openness and accountability. The FOIA gives a person access to federal agency records. However, agencies are allowed (but not required) to withhold records that fall within nine categories.

Standards of Review for Appeals of Federal Administrative Hearing Decisions

Federal agencies make administrative decisions in regulatory, entitlement, and enforcement cases. The agency can make an informal decision or hold a formal administrative hearing in a case. If the person or company affected by the decision is dissatisfied with the agency's decision, the decision is subject to review by a higher level within the agency or by a court. This article discusses the standards of review applied by a court in evaluating federal administrative agency decisions.

Using Mediation in Workers' Compensation Appeals

Mediation is a method of alternative dispute resolution. A mediator (neutral third party) helps the litigants resolve their dispute in an informal process. The mediator facilitates negotiations and helps the litigants identify issues, problem solve, and explore settlement possibilities. The mediator has no authority to make a decision about the case. Mediation is increasingly being used to resolve appeals in workers' compensation cases.

Removal of Cases from State Court to Federal Court

Jurisdiction refers to the authority of a court to hear and decide a case. A federal court has subject matter jurisdiction in two broad categories of cases. The federal court has federal question jurisdiction, which is the authority to hear legal disputes involving the U.S. Constitution, federal laws, and treaties. The federal court also has diversity jurisdiction, which means lawsuits between two states or between citizens of two different states in a case in which at least $75,000 of damages is sought.

Injunctions

An injunction is a court order directing a person or company to do a certain act or prohibiting the person or company from doing a certain act. An injunction is considered an extraordinary remedy, and the court has discretion in deciding whether to issue an injunction.

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