vLex United States

  • 9th Circuit Court struck down restriction of campaign contribution amounts from non-residents

    On November 27, the 9th Circuit Court upheld Alaska’s annual limits on what a political party-including its subdivisions-may contribute to a candidate. However, the Court struck down restrictions on amounts that may be accepted from non-residents. The Court reasoned that “ the nonresident limit, which at most, targeted contributors' influence over Alaska politics, did not target an "important state interest" and therefore violated the First Amendment.” See Decision.

    Dec 12, 2018 11:41 PM

  • Arizona Supreme Court: crime exception to the anti-marital fact privilege allows witness-spouse to also testify regarding charges arising from the same unitary event

    On December 3, the Supreme Court of Arizona held that “when a defendant commits a crime against his or her spouse and is charged for that crime, the crime exception to the anti-marital fact privilege allows the witness-spouse to testify regarding not only that charge, but also any charges arising from the same unitary event.” See Decision.

    Dec 12, 2018 11:40 PM

  • Federal Circuit Clarifies Standard for Public Accessibility of Printed Publications

    “The Federal Circuit has affirmed the final written decisions of a Patent Trial and Appeal Board (the "Board") panel in six related inter partes review (IPR) proceedings. The Board held in those proceedings that (1) a reference is not publicly accessible if it is not meaningfully indexed such that an interested artisan can locate it, and (2) lack of a transition word between the preamble and the body of a claim does not cause the preamble to limit the scope of a claim.” See Article.

    Dec 12, 2018 11:37 PM

  • 11th Circuit reverses dismissal of case where woman was placed into male prison despite physical examination

    On November 21, the 11th Circuit Court reversed the district court’s dismissal in a case where the plaintiff alleges her constitutional rights were violated when she was placed into a male prison despite being examined and determined to be female only hours prior. The Court concluded that “at the time of this incident in 2013, every reasonable prison officer and medical personnel would have known that wrongfully misclassifying a biological female as a male inmate and placing that female in the male population of a detention facility was unlawful. The conduct at issue here lies so obviously at the very core of what the Eighth Amendment prohibits, that the unlawfulness of placing a female detainee within the male population was readily apparent to any prison officer or medical personnel in the shoes of [the medical unit personnel.]” See Decision.

    Dec 12, 2018 11:36 PM

  • Policy and Practice Changes Impact the O-Visa

    “During the Trump administration's 22 months in office, no new laws or regulations have been passed governing the O-1 non-immigrant visa for foreign nationals with extraordinary ability in the arts, sciences, education, business, or athletics. Rather, the administration has made incremental changes to the review and standards used in the O-1 context, doing so through policy memorandum, delayed processing times, or changes in submission procedures. All of these changes are affecting the adjudication of the legally required O-1 petition forms at U.S. Citizenship and Immigration Services (USCIS) offices.” See Article.

    Dec 12, 2018 11:35 PM

  • 6th Circuit: ICE can fulfill duties under INA regardless of BRA release determination

    The 6th Circuit Court held that “ICE may fulfill its statutory duties under the INA to detain an illegal alien pending trial or sentencing regardless of a BRA release determination.” The Court further stated that the district court erred in finding that the BRA and INA must be read to conflict. See Decision.

    Dec 12, 2018 11:34 PM

  • 2nd Circuit affirms summary judgment in case filed against Barclays

    In November, the 2nd Circuit Court affirmed the district court’s grant of summary judgment in a case filed against Barclays alleging that Barclays violated section 11 and 15 of the Securities Act of 1933 principally through two material omissions in connection with its April 8, 2008 offering. The Court reasoned that Barclays has established that none of the plaintiff’s claims to recovery under section 11 based on the omissions that he alleges to be wrongful survives summary judgment, either because Barclays had no duty to disclose the information the plaintiff specifies or because Barclays established that the failure to disclose did not cause him to suffer any loss. See Decision.

    Dec 12, 2018 11:32 PM

  • DOL Extends PAID Program, Presenting Employers with ‘Third Option’ to Release FLSA Claims

    “In an effort to create a win-win solution for both employers and employees, the Department of Labor has extended its pilot compliance program, called the Payroll Audit Independent Determination (PAID). The purpose of this program is to help employees get paid for wages they have earned and to help employers correct past payroll mistakes.” See Article.

    Dec 12, 2018 11:31 PM

  • 9th Circuit Court struck down restrictions on campaign contributions that may be accepted from non-residents

    On November 27, the 9th Circuit Court upheld Alaska’s annual limits on what a political party-including its subdivisions-may contribute to a candidate. However, the Court struck down restrictions on amounts that may be accepted from non-residents. The Court reasoned that “ the nonresident limit, which at most, targeted contributors' influence over Alaska politics, did not target an "important state interest" and therefore violated the First Amendment.” See Decision.

    Dec 11, 2018 7:12 PM

  • Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

    “On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases...The Federal Circuit dismissed the appeal as moot, noting that under the new SDVOSB regulations effective Oct. 1, 2018, the two sets of regulations are now uniform.” See Article.

    Dec 11, 2018 7:11 PM

  • 5th Circuit Court: defendant jailed 96 days before being brought before a judge denied basic procedural due process

    On October 24, the 5th Circuit Court reversed the decision of the district court in the case of Jaunch v. Choctaw County. In this case, Jaunch had been indicted by a grand jury, arrested and waiting 96 days before she was brought before a judge. The Court found that the defendant was effectively denied bail. The Court reasoned that “a pre-trial detainee denied access to the judicial system for a prolonged period has been denied basic procedural due process.” See Decision.

    Dec 11, 2018 7:11 PM

  • Florida Emergency Rule for Equipment Used to Generate Electric Energy Renewed

    “On Nov. 16, 2018, the Florida Department of Revenue renewed Emergency Rule 12AER18-02, which implemented Section 56, Chapter 2018-118, Laws of Florida, providing for a sales tax exemption for equipment purchased to generate emergency electric energy at nursing homes and assisted living facilities.” See Article.

    Dec 11, 2018 7:09 PM

  • U.S. Supreme Court denies cert in Gee v. Planned Parenthood

    On December 10, the U.S. Supreme Court denied certiorari in the case of Gee v. Planned Parenthood. This case sought review of recent lower court rulings that blocked attempts to end Planned Parenthood funding. Justices Thomas, Alito and Gorsuch dissented, stating that this case “present[s] a conflict on a federal question with significant implications: whether Medicaid recipients have a private right of action to challenge a State’s determination of “qualified” Medicaid providers under 42 U. S. C. §1396a(a)(23) and Rev. Stat. §1979, 42 U. S. C. §1983.” See Dissent.

    Dec 11, 2018 7:09 PM

  • Federal Circuit Affirms Continuing Vitality of Christian Doctrine

    “Since 1963, the federal government has relied on a doctrine first advanced in G. L. Christian & Assocs. v. United States to read certain terms and provisions into its contracts despite the lack of any express reference thereto. This "Christian doctrine" has been used to remedy errors and omissions by contracting officials who fail to include provisions satisfying two criteria: First, the provision must be mandatory, and second, it must reflect a "significant or deeply ingrained strand of public procurement policy." Although this doctrine has historically had the effect of imposing substantial costs and obligations on unsuspecting contractors after the fact, the government's reliance on this doctrine has waned in recent years. However, a recent decision from the U.S. Court of Appeals for the Federal Circuit reaffirmed the doctrine's relevance, demonstrating the need for contractors to continue evaluating the completeness of their contracts.” Se

    Dec 11, 2018 7:08 PM

  • President Trump signs the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018

    On December 7, President Trump signed the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. This bill amends the federal criminal code to modify procedures for determining the amount of mandatory restitution in child pornography cases. If a defendant is convicted of trafficking in child pornography, then the court must order mandatory restitution in an amount which is between $3,000 and 1% of the full amount of the victim's losses. The full amount of the victim's losses includes costs incurred as a proximate result of all trafficking in child pornography offenses involving the same victim. If a defendant is convicted of child pornography production, then a victim of the offense may elect to receive a one-time payment in the amount of $35,000 (adjusted for inflation) from a Child Pornography Victims Reserve, subject to limitations. See Text.

    Dec 11, 2018 7:07 PM

  • SEC Whistleblower Program Receives Record Number of Tips in 2018

    “In its 2018 annual report to Congress, the SEC reported that it received the largest number of whistleblower tips and paid the most in rewards in program history. According to the report, the SEC Office of the Whistleblower (the "Office") received 5,282 tips during fiscal year 2018, an 18 percent increase over 2017. California, New York, Florida, Texas and New Jersey had the highest number of whistleblowers. The SEC also received whistleblower submissions from individuals in 72 foreign countries. The Office reported that it awarded more than $168 million in fiscal year 2018 - more than in all previous years combined.” See Article.

    Dec 11, 2018 7:07 PM

  • State Legislatures

    Issue number #44-9 (November 2018) of publication State Legislatures is now available

    Dec 11, 2018 5:48 PM

  • San Fernando Valley Business Journal

    Issue number #23-24 (November 2018) of publication San Fernando Valley Business Journal is now available

    Dec 11, 2018 5:48 PM

  • Success

    Issue number #2019 (March 2019) of publication Success is now available

    Dec 11, 2018 5:47 PM

  • FTC Proposes Rule Implementing Free Credit Monitoring for Active-Duty Military Consumers

    “The Federal Trade Commission ("FTC") proposed rule that would require nationwide consumer reporting agencies ("CRAs") to provide a free electronic credit monitoring service to active-duty military consumers was published in the Federal Register. The proposal - which implements Section 302 of the Economic Growth, Regulatory Relief and Consumer Protection Act - would amend the Fair Credit Reporting Act. Comments on the proposal must be submitted by January 7, 2019.” See Article.

    Dec 10, 2018 9:12 PM

  • LSAT will be administered using Microsoft Surface Go tablets beginning July 2019

    Today, the Law School Admission Council (LSAC) announced that starting July 2019, the Law School Admission Test (LSAT) will be administered using Microsoft Surface Go tablets. See Press Release.

    Dec 10, 2018 9:11 PM

  • 11th Circuit Finds that Arbitration Clause in One Agreement Applies to Disputes Regarding a Related Agreement

    “Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause? The Eleventh Circuit has determined that it can and, under Georgia law and the particular circumstances of this case, it does.” See Article.

    Dec 10, 2018 9:11 PM

  • Pennsylvania Supreme Court makes identifying information redaction in case of ‘predator priests’ permanent

    On December 3, the Pennsylvania Supreme Court held that former and current priests of the Catholic Church condemned as ‘predator priests’ will have their identifying information permanently redacted from Report 1 of the 40th Investigating Grand Jury. The Court found that this was the only viable due process remedy that the court could provide to protect their constitutional rights to reputation. See Decision.

    Dec 10, 2018 9:08 PM

  • Federal Aviation Law vs. State Tort Law

    “A divided Third Circuit held, 2-1, that federal aviation law did not "conflict preempt" state tort claims asserting aircraft design defects. To the majority, the facts suggested the manufacturer was aware of the purported issue and discussed it with the Federal Aviation Administration ("FAA") but did not seek FAA approval to address it.” See Article.

    Dec 10, 2018 9:07 PM

  • EPA Proposes 111(b) Revisions to Advance Clean Energy Technology

    On December 6, the Environmental Protection Agency (EPA) proposed “to revise the New Source Performance Standards (NSPS) for greenhouse gas emissions from new, modified, and reconstructed fossil fuel-fired power plants. EPA is proposing, under Clean Air Act (CAA) section 111(b), to revise its determination of the best system of emission reduction (BSER) for these plants. This determination would replace EPA’s 2015 determination that partial carbon capture and storage (CCS) technology was the BSER for new coal units.” See Press Release.

    Dec 10, 2018 8:47 PM

  • Federal Circuit Rules that Software Security Invention is Patent-Eligible

    “On November 16, 2018, the U.S. Court Appeals for the Federal Circuit ruled that a software security patent owned by Ancora Technologies, Inc. claims eligible subject matter under 35 U.S.C. § 101. The decision reversed a district court ruling that the patent was invalid as directed to an abstract idea. The decision establishes that patents claiming computer-related inventions directed to improving the function of a computer system by applying a specific improvement, rather than claiming only the improvement in the abstract, are patent-eligible under §101.” See Article.

    Dec 10, 2018 8:46 PM

  • New content

    A resource has been added Mississippi Business Journal

    Dec 10, 2018 8:17 PM

  • Alabama Bar Lawyer

    Issue number #79-4 (July 2018) of publication Alabama Bar Lawyer is now available

    Dec 10, 2018 3:18 PM

  • Alabama Bar Lawyer

    Issue number #79-5 (September 2018) of publication Alabama Bar Lawyer is now available

    Dec 10, 2018 3:17 PM

  • Alabama Bar Lawyer

    Issue number #79-6 (November 2018) of publication Alabama Bar Lawyer is now available

    Dec 10, 2018 3:17 PM