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Public Policy
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August 09, 2024
DC Circ. Says Animal Group Can't File Perdue False Ad Suit
The Animal Legal Defense Fund doesn't have standing to sue the U.S. Department of Agriculture over labels the agency approved for Perdue poultry products that the advocacy group says mislead customers into believing the animals have access to the outdoors, the D.C. Circuit ruled Friday.
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August 09, 2024
'Outrageous': Dems Grill JPMorgan Over Potential New Fees
Two Senate Banking Committee Democrats have ripped into JPMorgan Chase & Co. over an executive's recent warning that it may hike some costs for customers in response to pending fee rules from the Consumer Financial Protection Bureau, calling it an "outrageous" threat and demanding more details from the megabank.
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August 09, 2024
Congress Pushed To Revamp FCC Programs After Court Loss
Free market advocates want lawmakers to overhaul the Federal Communications Commission's array of telecom subsidies to turn them into a much smaller, "voucher-like" program after the Fifth Circuit found the existing system unconstitutional.
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August 09, 2024
Marketer Seeking Dismissal Of Mass. Data Privacy Suit
Texas-based online marketing company InMarket Media LLC is asking a Massachusetts federal judge to toss a proposed class action by two women who say the company secretly collected and sold location data through its apps, arguing in a motion to dismiss that the court lacks jurisdiction over the company.
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August 09, 2024
Immigrants In Ind. Jail Resist ICE Bid To Dodge Detention Suit
Immigrant detainees challenging conditions at an Indiana county jail resisted U.S. Immigration and Customs Enforcement's attempt to duck claims that it kept paying the county to detain immigrants, even though the prison's sanitation and medical services fell short of federal standards.
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August 09, 2024
Former Syrian Prison Chief Accused Of US Immigration Fraud
Federal grand jurors in California have charged a former Syrian official with covering up his time running a Syrian prison where political dissidents were physically abused on U.S. immigration applications.
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August 09, 2024
Wash. AG Says Kroger Refusing To Delay Merger For Ruling
The Washington Attorney General's Office told a state court that Kroger will not agree to put off closing its planned merger with Albertsons until after a final ruling in the state's merger challenge, but the companies say they've already agreed not to finalize the deal until litigation plays out in another state.
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August 09, 2024
CFTC's Proposed Election Trading Ban Garners Mixed Feedback
The Commodity Futures Trading Commission has fielded a range of comments on its proposed rule to ban trading on the outcome of elections, with certain politicians and advocacy groups throwing their weight behind the measure and others accusing the agency of overstepping its authority.
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August 09, 2024
Colo. Panel Says Vail Resorts' Land Spat With Town Is Moot
The Colorado Court of Appeals has ruled against Vail Resorts in its suit challenging a local ordinance that allegedly blocked the company's development of 23.3 acres of land that was subsequently taken by the town via eminent domain.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Highway Contractor, Exec Charged With $100M Price-Fixing
Federal prosecutors announced the indictment of an Oklahoma highway runoff contracting business and two of its employees for their involvement in a price-fixing, bid-rigging and market allocation conspiracy that impacted over $100 million in publicly funded construction contracts in the state.
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August 09, 2024
NY Counties Say Cayuga Nation's 911 Suit Not An Emergency
Two New York counties have urged a federal district court to toss the Cayuga Nation's lawsuit accusing the counties of refusing to forward the reservation's 911 calls to the tribe's police department unless it pays, arguing the tribe's civil rights protection claims are not enforceable.
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August 09, 2024
RFK Jr. Can Stay On State's Ballot, NJ Secretary Of State Says
New Jersey Secretary of State Tahesha Way has said Robert F. Kennedy Jr.'s independent presidential bid does not violate the state's "sore loser" law, rejecting an election attorney's challenge to Kennedy's placement on the Garden State's ballot.
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August 09, 2024
Judge Nixes Ex-Defender's Bias Suit, But Calls For Reform
A former public defender in North Carolina failed to show how her equal protection and due process rights were violated during an allegedly botched internal investigation of her sexual harassment claim, a federal judge ruled Friday in a candid opinion that nevertheless called out what he described as a "flawed" dispute resolution process for judiciary employees.
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August 09, 2024
Pa. Firm Seeks Over $790K In Employee Retention Credit
The Internal Revenue Service has failed to pay Ostroff Injury Law PC the more than $790,000 it is owed in pandemic-era employee retention credits, the Pennsylvania firm alleges in a federal court complaint, despite satisfying two separate tests the firm says qualify it for the relief.
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August 09, 2024
Illinois Appeals Court Nixes $7B Power Line Certification
A state appeals court scrapped Illinois regulators' authorization for part of the $7 billion Grain Belt Express high-voltage transmission line, ruling that they issued a certificate of public convenience and necessity for the project even though the company behind the line had not shown any ability to pay for it, as required.
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August 09, 2024
Cars' 'Unique Place' In Mich. Justifies Tough Laws, Panel Says
A Michigan Court of Appeals panel said Thursday that cars "occupy a unique place in the lives of Michigan citizens," which supports the constitutionality of the state punishing carjacking more harshly than other robberies.
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August 09, 2024
Off The Bench: NCAA Antitrust Woes, Ohio Trans Sports Ban
In this week's Off The Bench, the NCAA still faces pushback from athletes after an NIL settlement, transgender youth athletes in Ohio lost their legislative battle, and the Seventh Circuit set an insurance broker straight on its actions in an NFL team's settlement with a former player.
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August 09, 2024
3 Notable Trade Disputes Of 2024: A Midyear Report
This year the U.S. Supreme Court refused its last outstanding challenge to the president’s tariff power, a split Federal Circuit panel expanded decades-old duties on plumbing pipes, and the first North American trade pact labor panel tossed Washington’s claims. Here, Law360 revisits the most notable international trade cases of 2024 so far.
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August 09, 2024
Newest Mich. Justice, 3 GOP Contenders In Top Court Race
Michigan Supreme Court Justice Kyra H. Bolden, preparing to defend her seat for the first time, says she doesn't like to label her judicial philosophy and that her flexible approach is informed by her experience creating law as a member of the Michigan House of Representatives. She will face one of three Republican opponents in November, after the GOP picks a nominee this month.
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August 09, 2024
4th Circ. Will Hear FERC Grid Policy Overhaul Fight
The Fourth Circuit is set to take on consolidated challenges to the Federal Energy Regulatory Commission's sweeping overhaul of its regional transmission planning policy, the U.S. Judicial Panel on Multidistrict Litigation said in an order Thursday.
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August 08, 2024
15 Red-State AGs Sue To Block ACA Coverage For Dreamers
Fifteen states led by Kansas Attorney General Kris Kobach sued the Biden administration Thursday over a new regulation that is expected to allow about 100,000 immigrants brought to the U.S. as children without authorization to enroll in federal health insurance programs through Affordable Care Act exchanges.
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August 08, 2024
In Reddit Hot Seat, Chopra Touts CFPB Medical Debt Proposal
Consumer Financial Protection Bureau Director Rohit Chopra took to social media on Thursday to pitch the agency's proposed ban on medical debt reporting, defending it against concerns that the plan could interfere with credit scores and encourage people to skip out on medical bills.
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August 08, 2024
FCC Told To Drop Weiss For Broadband Funding Bank Ratings
More voices are lending themselves to the chorus calling on the Federal Communications Commission to look beyond Weiss Ratings' bank grading system when setting the standard for letters of credit that companies can use to back federally funded broadband networks.
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August 08, 2024
Feds Award $36M To Boost Wyo. Indigenous Ecotourism
The Biden-Harris administration has announced that it plans to award about $36 million to a tribal economic development fund to stimulate growth on or near the Wind River Indian Reservation in Wyoming.
Expert Analysis
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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Ecuador Ruling Marks Significant Step For Arbitral Certainty
The Constitutional Court of Ecuador's recent holding that a foreign arbitral award did not require homologation before local enforcement is a positive step toward fostering greater certainty in international business dispute resolution in the region, say Luis Perez and Ildefonso Mas at Akerman.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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Making Plans For BNPL Consumer Protection Compliance
With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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How Congress Is Tackling The US Healthcare Shortage
With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI
Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.
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6 Tips For Maximizing After-Tax Returns In Private M&A Deals
With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.