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  • Diverse Issues in Higher Education

    Issue number #35-4 (March 2018) of publication Diverse Issues in Higher Education is now available

    Apr 24, 2018 4:47 AM

  • New Hampshire Business Review

    Issue number #40-7 (March 2018) of publication New Hampshire Business Review is now available

    Apr 24, 2018 4:47 AM

  • USA Today Magazine

    Issue number #146-2875 (April 2018) of publication USA Today Magazine is now available

    Apr 24, 2018 4:47 AM

  • Shooting Industry

    Issue number #63-4 (April 2018) of publication Shooting Industry is now available

    Apr 24, 2018 4:46 AM

  • Guns Magazine

    Issue number #64-6 (June 2018) of publication Guns Magazine is now available

    Apr 24, 2018 4:46 AM

  • Notre Dame Law Review

    Issue number #93-3 (January 2018) of publication Notre Dame Law Review is now available

    Apr 24, 2018 4:32 AM

  • District Court Tosses Out Damage Theory Based on Improper Use of Survey

    “During a jury trial, Ericsson asserted that TCL infringed claims 1 and 5 of U.S. Patent No. 7,149,510 (the "'510 Patent") by selling phones and devices that included the Google Android operating system. The jury found that TCL infringed claims 1 and 5, that TCL's infringement was willful, and awarded $75 million as a lump sum royalty. TCL moved for a new trial on infringement and damages. The district court decided the motion for new trial on damages should be granted” as there were at least two independent reasons why a new trial on damages was necessary. See Article.

    Apr 23, 2018 11:15 PM

  • Arizona Supreme Court: self-defense instruction can be given even when defendant asserts misidentification defense

    The Arizona Supreme Court has disavowed the approach of the state court prohibiting a defendant from simultaneously claiming self-defense and asserting a misidentification defense. The Court held that “if some evidence supports a finding of self-defense, the prosecution must prove its absence, and the trial court must give a requested self-defense jury instruction, even when the defendant asserts a misidentification defense.” See Decision.

    Apr 23, 2018 11:14 PM

  • Gaming Law in Washington State: Court Rules that Virtual Chips are ‘Things of Value’

    “The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the State of Washington's gambling law, known as the Recovery of Money Lost at Gambling Act ("the RMLGA"), that could have broad implications for online gaming platforms. In the lawsuit, Plaintiff Cheryl Kater sued Defendant Churchill Downs Incorporated, the owner and operator of an online gaming platform which operates as a virtual casino. Kater alleged that she lost over $1,000 worth of virtual chips while playing "Big Fish Casino" and that it constituted illegal gambling under the RMLGA. On March 28, 2018, the Ninth Circuit Court of Appeals held that Kater stated a cause of action under the RMLGA, reversing the District Court. In Kater v. Churchill Downs Inc., the Ninth Circuit found that Big Fish Casino's virtual chips are things of value within the meaning of the RMLGA and that the gaming law case should proceed.” See Article.

    Apr 23, 2018 11:13 PM

  • District Court Strikes Infringement Expert Who Provided No Analysis of Infringement

    “In this patent infringement action, Stryker moved to strike the expert report of Karl Storz' ("KSEA") infringement expert because the expert did not provide any analysis of infringement of the patent-in-suit. As explained by the district court, Karl Storz' infringement expert's, Mr. Gould Bear, report included six sections: (1) introduction, (2) summary of conclusions, (3) background and qualifications, (4) materials reviewed, (5) legal principals and methods, and (6) conclusion…The expert report made no effort to explain how the expert determined that the allegedly infringing products include each element of the dependent claim and instead just stated he had made that determination.” See Article.

    Apr 23, 2018 11:12 PM

  • District Court Applies Per Se Standard of Review to Blue Cross Blue Shield’s Restrictive Practices in Antitrust MDL

    “Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama. In a recent decision focused upon the appropriate standard of review, the court ruled that certain allegedly restrictive practices should be analyzed under the per se standard rather than the more lenient rule of reason standard. Notably, the court's decision is grounded upon two arguably dated Supreme Court decisions, United States v. Sealy, and United States v. Topco, the continuing relevance of which is unclear. In so holding, the court rejected the defendants' arguments that, because the restrictions are related to a valid trademark license agreement, the restrictions should be analyzed under the rule of reason.” See Article.

    Apr 23, 2018 11:11 PM

  • 2nd Circuit: New York City's "premise license" scheme for handguns is not in violation of the law

    The 2nd Circuit Court has affirmed the district court’s finding that the City of New York’s licensing scheme under which an individual with a “premise license” for a handgun may remove the handgun from the designated premises only for specified purposes does not violate the 2nd Amendment, the Commerce Clause, the fundamental right to travel or the 1st Amendment. See Decision.

    Apr 23, 2018 11:10 PM

  • D.C. Circuit Affirms FERC’s Modifications to NorthWestern’s Regulation Service Rate

    “On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") affirmed FERC's (1) reduction in NorthWestern Corporation's ("NorthWestern") Schedule 3 regulation service rate by removing "regulation-down" capacity from the rate's numerator and increasing the denominator to the full nameplate capacity of NorthWestern's generating facility and (2) decision to order NorthWestern to refund customers the difference between NorthWestern's proposed rate and FERC's approved rate.” See Article.

    Apr 23, 2018 11:08 PM

  • Texas Court Holds Attendance Issues Can Preclude Disability Claims

    “In Wolf v. Lowe's Companies, Inc., United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe's motion for summary judgment on a former sales employee's claims under the Americans with Disabilities Act (ADA) for disability discrimination and failure to accommodate, as well as her claim under the Family and Medical Leave Act (FMLA) for retaliation. The court held that the plaintiff had failed to establish a prima face case under the ADA because her excessive absenteeism and tardiness prevented her from being qualified to perform her job. Additionally, temporal proximity between the plaintiff's use of FMLA leave and her discharge was insufficient to establish a prima facie case of retaliation.” See Article.

    Apr 23, 2018 11:08 PM

  • 11th Circuit Confirms Alabama’s Strict Causation Standard and Clarifies the Elements of Informed Consent Claims

    “In Looney v. Moore, the Eleventh Circuit confirmed Alabama law's rejection of an "increased risk of harm causation standard” and established that lack of informed consent plaintiffs must have a physical injury.” See Article.

    Apr 23, 2018 11:07 PM

  • Arkansas Business

    Issues #35-14 (April 2018) and #35-13 (March 2018) of publication Arkansas Business are now available

    Apr 21, 2018 4:46 AM

  • Church & State

    Issue number #71-4 (April 2018) of publication Church & State is now available

    Apr 21, 2018 4:46 AM

  • Effective participation of people with disabilities.

    Constitutional- The society has the duty to promote, disseminate, respect and make visible the effective exercise of all the rights of persons with disabilities, as well as assume the shared responsibility of avoiding and eliminating social, cultural, physical, architectural and any other barriers type, that prevent the effective participation of people with disabilities. See Decision.

    Apr 20, 2018 8:07 PM

  • HIPAA Enforcement Survives Closure of Business

    “The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently announced a $100,000 settlement with a company that is no longer in business...A court-ordered receiver liquidated Filefax's assets in 2016. As part of the settlement with OCR, the receiver agreed to pay $100,000 and properly dispose of all medical records and PHI remaining in Filefax's possession. The settlement amount may be small, but the circumstances are striking. OCR's pursuit of a settlement against a defunct company serves as a lesson to other health care companies that no one is off limits to HIPAA enforcement actions.” See Article.

    Apr 20, 2018 7:54 PM

  • 9th Circuit: plaintiff lacks standing to bring FCRA claim where there was no concrete injury resulting from his receipt showing a full expiration date

    The 9th Circuit Court has joined the 2nd and 7th Circuit Court in holding that a plaintiff lacks standing in a putative class action alleging a violation of the Fair Credit Reporting Act where the plaintiff received a credit card receipt displaying the card’s full expiration date. The Court held that the plaintiff failed to allege a concrete injury and that when “the plaintiff received the credit card receipt and there was no identity thief there to snatch it, there was no injury.” See Decision.

    Apr 20, 2018 7:53 PM

  • CFPB Finalizes Single-Statement Transition Period for Mortgage Statements to Borrowers in Bankruptcy

    “On March 8, the Consumer Financial Protection Bureau ("CFPB") finalized the amendment to its 2016 Mortgage Servicing Final Rule ("2016 Final Rule") to clarify the transition timing for mortgage servicers to provide periodic statements and coupon books when a consumer enters or exits bankruptcy. Under the 2016 Final Rule, mortgage servicers will be required (as of April 19, 2018) to provide modified periodic statements to borrowers who file for a bankruptcy plan and to provide unmodified (i.e., regular) statements to borrowers who subsequently exit such a plan.” See Article.

    Apr 20, 2018 7:52 PM

  • Florida Supreme Court disbars attorney who supervised embezzling employee

    The Supreme Court of Florida has disbarred an attorney who was the supervising attorney of Steven Sacks. Sacks had a known history of wire fraud and embezzlement the respondent had been made aware of this and had indeed fired Sacks for embezzling over $20,000 from the firm’s operating account. Respondent re-hired Sacks anyway and by the end of 2014, Sacks had embezzled nearly $5 million from the firm. The Court found that the supervising attorney owed a duty to the public and his clients to safeguard their money, but “instead, he flouted the system by lying to a federal probation officer and allowing a non-attorney to hold himself out as a law school graduate and a certified public accountant (CPA).” See Decision.

    Apr 20, 2018 7:51 PM

  • FINRA Updates Designation Criteria for Business Continuity and Disaster Recovery Testing

    “FINRA updated the criteria under Regulation SCI (Systems Compliance and Integrity) to designate firms for mandatory participation in FINRA's annual business continuity and disaster recovery ("BC/DR") testing. The updates now include firms that report a significant volume of transactions in U.S. Treasury Securities.” See Article.

    Apr 20, 2018 7:50 PM

  • Outside Counsel May Face Criminal Liability in Complex Business Cases

    “When a complex transaction directed by a CEO or CFO is later deemed criminal and the executive is charged, what exposure could outside counsel face having advised and presumably approved the transaction? Similarly, when working with high-ranking executives at a company, when does outside counsel have an obligation to report and update a company's board of directors regarding their work for the CEO on behalf of the company? Serving as outside counsel can be a minefield, and when the prospect of criminal liability emerges, outside counsel beware.” See Article.

    Apr 20, 2018 7:49 PM

  • 1st Circuit clarifies their emergency aid doctrine: officers seeking to justify their warrantless entry need only demonstrate "'an objectively reasonable basis for believing' that 'a person within [the house] is in need of immediate aid

    The 1st Circuit took opportunity in Hill v. Walsh to “clarify our circuit's emergency aid doctrine: officers seeking to justify their warrantless entry need only demonstrate "'an objectively reasonable basis for believing' that 'a person within [the house] is in need of immediate aid.'" They do not need to establish that their belief approximated probable cause that such an emergency existed. We thus modify our previous pronouncements in United States v. Martins, and its progeny.” See Decision.

    Apr 20, 2018 7:48 PM

  • Court Lets “Up To” Move Forward

    “In Arthur v. United Industries, the plaintiff brought a putative class action alleging that United Industries, the manufacturer of Spectracide Weed and Grass Killer Concentrate, misled consumers about how many gallons of herbicide could be made from the concentrated formula…United Industries argued that the label was not misleading, since the label on the back of the product explained that the herbicide could be diluted to various strengths, based on how it was intended to be used…Denying the defendant's motion to dismiss, the court wrote that it "cannot conclude as a matter of law that a reasonable consumer would not be misled by the Concentrate label's 'makes up to' language." See Article. See Article.

    Apr 20, 2018 7:46 PM

  • Journal of Ethics & Social Philosophy

    Issue number #13-1 (March 2018) of publication Journal of Ethics & Social Philosophy is now available

    Apr 20, 2018 4:46 AM

  • Delaware Supreme Court Changes Conversation on Director Compensation

    “In recent years, there has been an increase in Delaware breach of fiduciary duty claims (including stockholder demands and actual cases) asserted against public company boards alleging that the directors engaged in self-dealing and corporate waste by approving their own pay at excessive levels. In response, an increasing number of companies have included director compensation limits in stockholder-approved equity plans as a strategy for deterring and defending breach of fiduciary duty claims alleging that the directors received excessive compensation. However, a recent decision by the Delaware Supreme Court - Investors Bancorp1 - raises questions about the effectiveness of these limits and the best way to proceed going forward.” See Article.

    Apr 19, 2018 9:02 PM

  • NY AG urges lawmakers to close New York’s double jeopardy loophole

    “Attorney General Eric T. Schneiderman sent a letter to state lawmakers [yesterday] urging them to close a loophole in New York’s double jeopardy law. Closing the loophole would ensure that individuals who broke New York law could not evade accountability for any state crimes as a result of a strategically-timed pardon by the president.” See Press Release.

    Apr 19, 2018 9:01 PM

  • 4th Circuit Court: conviction for manslaughter in South Carolina does not meet the definition of physical force required under the ACCA's force clause.

    The 4th Circuit has reversed the sentence of Jarnaro Carlos Middleton. Middleton was sentenced as an armed career criminal pursuant to the Armed Career Criminal Act (ACCA). He challenged the sentence and the court’s determination that his prior conviction in South Carolina for involuntary manslaughter qualified as a violent felony under the ACCA. The Court found that in South Carolina, involuntary manslaughter sweeps more broadly than the physical force required under the ACCA’s force clause. See Decision.

    Apr 19, 2018 9:01 PM