vLex United States

  • 9th Circuit Court reverses dismissal of ADA claims filed against Domino's Pizza claiming their website and mobile application were not fully accessible to a blind or visually impaired person

    Last week, the 9th Circuit Court reversed the district court's dismissal of an action under Title III of the Americans with Disabilities Act and California's Unruh Civil Rights Act, alleging that Domino's Pizza's website and mobile application were not fully accessible to a blind or visually impaired person. The Court reasoned that the ADA applies to the services of a public accommodation, not services in a place of public accommodation. See Decision.

    Jan 22, 2019 8:52 PM

  • CAFC Vacates and Remands Guild Mortgage Decision: TTAB failed to consider 8th Dupont Factor

    “The CAFC vacated the TTAB's decision affirming a Section 2(d) refusal of the mark GUILD MORTGAGE COMPANY & Design for "mortgage banking services, namely, origination, acquisition, servicing, securitization and brokerage of mortgage loans" in view of the registered mark GUILD INVESTMENT MANAGEMENT for "Investment advisory services.” The appellate court concluded that the Board had "failed to consider pertinent evidence and argument under DuPont factor 8," and it remanded the case to the Board for reconsideration of its determination in light of all the evidence.” See Article.

    Jan 22, 2019 8:51 PM

  • Supreme Court of Ohio: a defendant is not entitled to jail time credit for pre-sentence detention time when held on bond if, during the same period of time, he is serving a sentence on an unrelated case

    On December 27, the Supreme Court of Ohio answered the certified question: "[Is] a defendant entitled to jail time credit for pre-sentence detention time when held on a bond if, during the same period of time, he is serving a sentence on an unrelated case?" in the negative, stating that “a defendant is not entitled to jail time credit for pre-sentence detention time when held on bond if, during the same period of time, he is serving a sentence on an unrelated case.” See Decision.

    Jan 22, 2019 8:48 PM

  • The U.S. Department of Justice Restores America’s Wire Act by Opinion

    “On January 14, 2019, the U.S. Department of Justice (DOJ) issued a new opinion memorandum from the Office of Legal Counsel (OLC) regarding its interpretation of the Federal Wire Act.” See Article.

    Jan 22, 2019 8:47 PM

  • 9th Circuit Court reaffirms the difference between waiver and forfeiture of sentencing challenges

    The 9th Circuit Court recently reaffirmed the distinction between waiver and forfeiture of sentencing challenges. In the case at hand, the Court held that the defendant forfeited- rather than waived-his challenge to the Sentencing Guidelines calculation because nothing in the district court record suggests that the defendant considered objecting to the calculation method or to any of the alleged factual inaccuracies he now raises. The court explained that the fact the defendant knew generally that he could object if he recognized a mistake, or that he recognized and raised other errors, does not mean that he waived the right to challenge the specific alleged errors he raises on appeal. See Decision.

    Jan 22, 2019 8:41 PM

  • House proposes bill that would establish a code of ethics for the U.S. Supreme Court

    The House of Republicans have proposed H.R. 1, which provides for changes in elections and voting laws, politics and would establish a code of ethics for the U.S. Supreme Court for the first time. See Notice.

    Jan 22, 2019 8:38 PM

  • NC Supreme Court affirms dismissal of complaint alleging basic rights to education had been violated

    On December 21, the Supreme Court of North Carolina affirmed the decision of the Court of Appeals dismissing a complaint alleging that the plaintiffs’ rights to receive the sound basic education had been violated. The Court reasoned that it is the State-and not a board of county commissioners-is solely responsible for guarding and preserving the right of every child in North Carolina to receive a sound basic education pursuant to the North Carolina Constitution. See Decision.

    Jan 22, 2019 8:36 PM

  • CD Court of California to remain open with funds from court fee balances and other “no-year” funds through January 25, 2019

    The Central District Court of California has released a notice that it will “remain open during the partial government shutdown and can continue funded operations by using court fee balances and other “no-year” funds through January 25, 2019.” However, payments to appointed attorneys were suspended as of December 28 and if the shutdown were to continue past January 25, 2019, the Judiciary will operate under the terms of the Anti-Deficiency Act, which permits mission critical work. See Notice.

    Jan 22, 2019 8:21 PM

  • Utah Bar Journal

    Issue number #2019 (January 2019) of publication Utah Bar Journal is now available

    Jan 22, 2019 3:17 PM

  • Wyoming Bar Journal

    Issue number #41-6 (December 2018) of publication Wyoming Bar Journal is now available

    Jan 21, 2019 3:04 PM

  • Colorado Bar Journal

    Issues #48-7 (July 2019) and #48-1 (January 2019) of publication Colorado Bar Journal are now available

    Jan 21, 2019 3:03 PM

  • Washington Monthly

    Issue number #50-9-10 (September 2018) of publication Washington Monthly is now available

    Jan 20, 2019 11:48 PM

  • Prosecutor, Journal of the National District Attorneys Association

    Issue number #52-2 (November 2018) of publication Prosecutor, Journal of the National District Attorneys Association is now available

    Jan 20, 2019 11:47 PM

  • Government Finance Review

    Issue number #34-6 (December 2018) of publication Government Finance Review is now available

    Jan 20, 2019 11:47 PM

  • Video Age International

    Issue number #38-7 (December 2018) of publication Video Age International is now available

    Jan 20, 2019 11:47 PM

  • Los Angeles Business Journal

    Issues #40-53 (December 2018), #40-52 (December 2018) and #40-50 (December 2018) of publication Los Angeles Business Journal are now available

    Jan 20, 2019 11:47 PM

  • Real Estate Weekly

    Issues #64-10 (January 2019) and #64-9 (December 2018) of publication Real Estate Weekly are now available

    Jan 20, 2019 11:47 PM

  • Alaska Business Monthly

    Issue number #35-1 (January 2019) of publication Alaska Business Monthly is now available

    Jan 20, 2019 11:47 PM

  • Journal of Environmental Health

    Issue number #81-6 (January 2019) of publication Journal of Environmental Health is now available

    Jan 20, 2019 11:47 PM

  • New York Times Upfront

    Issue number #151-7 (January 2019) of publication New York Times Upfront is now available

    Jan 20, 2019 11:47 PM

  • San Diego Business Journal

    Issues #39-51 (December 2018), #39-50 (December 2018) and #39-49 (December 2018) of publication San Diego Business Journal are now available

    Jan 20, 2019 11:34 PM

  • Mississippi Business Journal

    Issue number #40-51 (December 2018) of publication Mississippi Business Journal is now available

    Jan 20, 2019 11:34 PM

  • New Hampshire Business Review

    Issue number #40-27 (December 2018) of publication New Hampshire Business Review is now available

    Jan 20, 2019 11:34 PM

  • San Fernando Valley Business Journal

    Issue number #23-26 (December 2018) of publication San Fernando Valley Business Journal is now available

    Jan 20, 2019 11:34 PM

  • Arkansas Business

    Issue number #35-52 (December 2018) of publication Arkansas Business is now available

    Jan 20, 2019 11:34 PM

  • Real Estate Weekly

    Issue number #64-9 (December 2018) of publication Real Estate Weekly is now available

    Jan 20, 2019 11:34 PM

  • Diverse Issues in Higher Education

    Issue number #35-24 (December 2018) of publication Diverse Issues in Higher Education is now available

    Jan 20, 2019 11:33 PM

  • Reason

    Issue number #50-9 (February 2019) of publication Reason is now available

    Jan 20, 2019 11:33 PM

  • Vanderbilt Journal of Transnational Law

    Issue number #51-4 (October 2018) of publication Vanderbilt Journal of Transnational Law is now available

    Jan 20, 2019 11:33 PM

  • The Progressive

    Issue number #82-6 (December 2018) of publication The Progressive is now available

    Jan 20, 2019 11:33 PM