vLex United States

  • Supreme Court Grants Certiorari In Case That Could Increase FDCPA Litigation

    “The U.S. Supreme Court on Feb. 25, 2019, granted certiorari in a Fair Debt Collection Practices Act (FDCPA) case involving a legal issue that could dramatically expand the scope of FDCPA liability. The case, Rotkiske v. Klemm, will decide whether the "discovery rule" will apply to toll the one-year statute of limitation that on its face applies to FDCPA claims.” See Article.

    Mar 21, 2019 8:55 PM

  • U.S. Supreme Court: certain immigrants are not entitled to bail hearings

    On March 19, the U.S. Supreme Court held that immigrants who have committed certain crimes can be denied bail hearings. See Decision.

    Mar 21, 2019 8:53 PM

  • Virginia General Assembly Approves Emergency Bill To Reverse The Supreme Court Of Virginia's Holding In The Game Place, L.L.C. v. Fredericksburg 35, LLC

    “As anticipated, in response to the widely unpopular holding in The Game Place, L.L.C. v. Fredericksburg 35, LLC, 813 S.E.2d 312 (Va. 2018), the governor of Virginia signed a bill on February 13, 2019 removing the previous statutory requirement that a lease of more than five (5) years contain a seal or other statutory seal substitute in order to be enforceable.” See Article.

    Mar 21, 2019 8:51 PM

  • 11th Circuit affirms district court’s finding that DACA recipients are not ‘lawfully present,’ a requirement to be admitted to the three most selective schools in Georgia

    On March 6, the 11th Circuit Court held affirmed the district court’s find that DACA recipients are not ‘lawfully present’ for purposes of a Georgia Board of Regent’s policy, which requires the three most selective schools in Georgia to verify that students are ‘lawfully present.’ See Decision.

    Mar 21, 2019 8:49 PM

  • Texas High Court Strikes Down Open Meetings Act Provision; New Bill Proposed

    “In a split decision, on March 1, 2019, the Texas Court of Criminal Appeals invalidated a significant provision of Texas's Open Meetings Act as unconstitutionally vague. State of Texas v. Doyal. The provision at issue makes it a crime if any member of a governmental body "knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter." Tex. Gov't Code § 551.143(a).” See Article.

    Mar 21, 2019 8:46 PM

  • 9th Circuit Court: immigrants seeking asylum entitled to habeas review under certain conditions

    On March 7, the 9th Circuit Court held that immigrants seeking asylum are entitled to seek habeas review in federal courts to challenge the legal procedures leading to expedited removal orders. See Decision.

    Mar 21, 2019 8:45 PM

  • Court Allows Secured Creditor To Retain Mortgage Lien After Mistaken Release And Reinstatement Prior To Bankruptcy

    “The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.” See Article.

    Mar 21, 2019 8:36 PM

  • FDA proposes new policies aimed at preventing youth access to, and appeal of, flavored tobacco products, including e-cigarettes and cigars

    On March 13, the Food and Drug Administration (FDA) proposed “to end current compliance policy as it applies to flavored electronic nicotine delivery system (ENDS) products such as electronic cigarettes (other than tobacco-, mint-, and menthol-flavored products), and prioritize enforcement of such products offered for sale in ways that pose a greater risk for minors to access these tobacco products.” See Press Release.

    Mar 21, 2019 8:23 PM

  • New content

    A resource has been added The Energy Journal

    Mar 21, 2019 7:17 AM

  • New content

    A resource has been added Strategic Finance

    Mar 21, 2019 7:17 AM

  • New content

    A resource has been added Journal of Property Management

    Mar 21, 2019 7:17 AM

  • ITC Permits Addition Of Invalidity Defense Previously Raised By Terminated Respondent

    "Administrative Law Judge ("ALJ") McNamara's recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery.[] Respondent Alltrade motioned to file a second amended response to the Complaint and Notice of Investigation. ALJ McNamara granted the motion because she found Complainant SnapPower was already aware of the asserted defenses." See Article.

    Mar 20, 2019 8:59 PM

  • Indiana Supreme Court: 'Free Exemption' of section 36-1-20-5 unconstitutional

    On March 15, the Indiana Supreme Court held that the "Fee Exemption," a provision in Indiana Code section 36-1-20-5 that allows certain cities to charge local landlords any amount to register rental properties even though other Indiana localities are limited, is unconstitutional. See Decision.

    Mar 20, 2019 8:55 PM

  • CA governor issues moratorium on the death penalty

    Last week, the governor of California, Gavin Newsom issued an executive order putting an executive moratorium on the death penalty, repealing California's lethal injection protocol, and immediately closing the ‘Death Chamber at San Quentin.’ See Executive Order.

    Mar 20, 2019 8:54 PM

  • DOJ Signals Once More That FARA Is An Enforcement Priority

    “In another indication of the U.S. Department of Justice's increased focus on the Foreign Agents Registration Act (FARA), Assistant Attorney General John Demers announced [] that the Department is overhauling its FARA enforcement unit and would assign a former prosecutor on Special Counsel Robert Mueller's team, Brandon L. Van Grack, to oversee it.” See Article.

    Mar 20, 2019 8:53 PM

  • FL governor signs medical marijuana bill

    On March 18, the governor of Florida, Ron DeSantis, signed a medical marijuana bill. The governor noted, in his press release, that over 70% of Florida voters approved of medical marijuana in 2016. See Press Release.

    Mar 20, 2019 8:49 PM

  • PCAOB Amends Process For Appointing And Removing Its Hearing Officers

    “On January 29, 2019, the Public Company Accounting Oversight Board (PCAOB or "Board") adopted amendments to its bylaws and rules that make the PCAOB's appointment and removal of its hearing officers subject to the approval of the U.S. Securities and Exchange Commission (SEC). This amendment comes in the wake of the Supreme Court's 2018 holding in Lucia v. SEC that, because the SEC's administrative law judges (ALJs) are "Officers" within the meaning of the Constitution's Appointments Clause, the SEC's commissioners (not staff) must appoint them.” See Article.

    Mar 20, 2019 8:46 PM

  • Arizona Supreme Court: AHCCCS abrogates or creates an exception to Arizona's statutory physician-patient privilege

    Earlier this week, the Arizona Supreme Court held that the Arizona Health Care Cost Containment System ("AHCCCS") statutory scheme, A.R.S. §§ 36-2901 to -2999.57, abrogates, or creates an exception to, Arizona's statutory physician-patient privilege, A.R.S. § 13-4062(4), in cases of suspected AHCCCS fraud. See Decision.

    Mar 20, 2019 8:09 PM

  • South Dakota Law Review

    Issue number #63-3 (January 2019) of publication South Dakota Law Review is now available

    Mar 20, 2019 6:47 PM

  • Fordham Urban Law Journal

    Issue number #46-1 (February 2019) of publication Fordham Urban Law Journal is now available

    Mar 20, 2019 6:47 PM

  • Michigan Law Review

    Issue number #117-4 (February 2019) of publication Michigan Law Review is now available

    Mar 20, 2019 6:47 PM

  • New Hampshire Business Review

    Issue number #41-5 (March 2019) of publication New Hampshire Business Review is now available

    Mar 20, 2019 6:47 PM

  • Business North Carolina

    Issue number #39-3 (March 2019) of publication Business North Carolina is now available

    Mar 20, 2019 6:47 PM

  • CFPB Issues Advance Notice Of Proposed Rulemaking

    “On March 4, 2019, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) on residential property assessed clean energy financing (PACE financing).1 The CFPB is seeking information to support implementation of section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). Section 307 amends the Truth in Lending Act (TILA) to require the CFPB to issue regulations for PACE financing that ‘carry out the purposes of" TILA's ability-to-repay requirements for mortgages, and apply TILA's civil liability provisions to PACE financing. In crafting the regulations, the CFPB is required to take into account "the unique nature of PACE financing.’” See Article.

    Mar 19, 2019 9:43 PM

  • MA Supreme Court: doctrine of abatement ab initio is outdated and no longer consonant with the circumstances of contemporary life

    On March 13, the Supreme Court of Massachusetts held that the doctrine of of abatement ab initio, whereby, as was the case here, a criminal conviction is vacated and the indictment is dismissed after the defendant dies while his direct appeal as of right challenging that conviction is in process, is outdated and no longer consonant with the circumstances of contemporary life, if, in fact, it ever was. The Court further held that “when a defendant dies irrespective of cause, while a direct appeal as of right challenging his conviction is pending, the proper course is to dismiss the appeal as moot and note in the trial court record that the conviction removed the defendant's presumption of innocence, but that the conviction was appealed and neither affirmed nor reversed because the defendant died.” See Decision.

    Mar 19, 2019 9:41 PM

  • Wisconsin High Court Finds Duty To Defend Notwithstanding Fraudulent Conduct Falling Under Knowing Violation Exclusion

    “The Wisconsin Supreme Court held [] in West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc., that West Bend Mutual Insurance Co. ("West Bend") could not escape its duty to defend by relying on the knowing violation and criminal acts exclusions in a commercial general liability policy issued to Ixthus Medical Supply, Inc. ("Ixthus"). The court required the insurer to defend notwithstanding underlying allegations that Ixthus acted wrongfully and knowingly in defrauding Abbott Laboratories ("Abbott").” See Article.

    Mar 19, 2019 9:01 PM

  • U.S. Supreme Court directs parties to brief additional question in census citizenship question case

    On Friday, March 15, the U.S. Supreme Court issued an order directing parties, in the case challenging a census citizenship question, to brief the additional question of “[w]hether the Secretary of Commerce’s decision to add a citizenship question to the Decennial Census violated the Enumeration Clause of the U.S. Constitution, art. I, §2, cl. 3.” See Order.

    Mar 19, 2019 8:58 PM

  • FHFA Issues Rule On Uniform Mortgage-Backed Securities

    “The Federal Housing Finance Agency ("FHFA") issued a final rule intended to improve the liquidity of Fannie Mae and Freddie Mac To-Be-Announced ("TBA") eligible mortgage-backed securities ("MBS"). The final rule requires Fannie Mae and Freddie Mac to maintain policies that promote aligned investor cash flows for both the current TBA eligible mortgage-backed securities and, upon its implementation, the uniform mortgage-backed securities ("UMBS"). The UMBS is ‘a common, fungible MBS that will be eligible for trading in the TBA market for fixed-rate mortgage loans backed by one-to-four unit (single family) properties.’” See Article.

    Mar 19, 2019 8:57 PM

  • Court Of Appeals Affirms Dismissal Of Securities Fraud Suit Based On Medicare Compliance Violations

    “The U.S. Court of Appeals for the Second Circuit (the "Second Circuit") affirmed a lower court's dismissal of a shareholder's lawsuit alleging that a health insurer and its executives misled investors regarding compliance with Medicare regulations.” See Article.

    Mar 19, 2019 8:56 PM

  • Massachusetts' Highest Court Upholds Record Fine Against Beer Distributor For Pay-To-Play Scheme But Overturns Fine For Bar That Accepted Kickbacks

    “[Recently], the Massachusetts Supreme Judicial Court upheld a $2.6 million fine against beer wholesaler Craft Brewers Guild for violating anti-price discrimination statutes and commercial bribery regulations. In the same decision, the Court overturned a fine lodged against a bar that received such kickback payments, holding that Massachusetts retailers do not violate commercial bribery regulations by accepting kickback payments.” See Article.

    Mar 19, 2019 8:53 PM