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  • Business North Carolina

    Issue number #38-7 (July 2018) of publication Business North Carolina is now available

    Jul 20, 2018 11:04 AM

  • University of Pennsylvania Law Review

    Issue number #166-5 (April 2018) of publication University of Pennsylvania Law Review is now available

    Jul 20, 2018 10:49 AM

  • Florida Supreme Court: AHCA may only reach the past medical expenses portion of a Medicaid recipient's tort recovery to satisfy its Medicaid lien

    The Supreme Court of Florida considered the issue of whether the Agency for Health Care Administration (AHCA) may lien the future medical expenses portion of a Florida Medicaid recipient's tort recovery. The Court held that “under federal law AHCA may only reach the past medical expenses portion of a Medicaid recipient's tort recovery to satisfy its Medicaid lien.” See Decision.

    Jul 19, 2018 8:47 PM

  • 2nd Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code

    “Recently, in Anderson v. Credit One Bank, N.A., the Second Circuit affirmed the denial of a credit card issuer's attempt to compel arbitration of a discharged Chapter 7 debtor's putative class action to enforce the bankruptcy discharge injunction. The Second Circuit found that arbitration of an action to enforce a discharge injunction severely conflicts with the purposes of the Bankruptcy Code, as ‘the bankruptcy court alone has the power to enforce the discharge injunction.’” See Article.

    Jul 19, 2018 8:46 PM

  • 8th Circuit dismisses Judge's complaint of constitutional violations after he is barred from presiding over death penalty cases

    On July 2, the 8th Circuit Court vacated the district court's order denying the Justices' motions to dismiss and directed the district court to dismiss Judge Griffen's complaint in a case challenging his permanent bar from presiding over death penalty cases. Judge Griffen had previously participated in anti-death penalty rallies and issued a TRO preventing the use of vercuronium bromide to conduct executions. The Court found that there was no violation of the Judge’s constitutional rights. See Decision.

    Jul 19, 2018 8:45 PM

  • Bank to Make Refunds to Credit Card Customers

    “A national bank reached an agreement with the Consumer Financial Protection Bureau ("CFPB") to pay $335 million in restitution to customers affected by alleged failures to appropriately adjust annual credit card interest rates.” See Article.

    Jul 19, 2018 8:44 PM

  • Florida Supreme Court answers certified question regarding youthful offender's sentence after a substantive probation violation

    The Supreme Court of Florida received a certified question from the 4th district court, finding that “upon revocation of a youthful offender's probation for a substantive violation, the trial court is authorized to either impose another youthful offender sentence, with no minimum mandatory, or to impose an adult Criminal Punishment Code (CPC) sentence, which would require imposition of any minimum mandatory term of incarceration associated with the offense of conviction.” See Decision.

    Jul 19, 2018 8:44 PM

  • Georgia Enacts New Background Check Legislation for Long-Term Care Providers

    “Georgia has enacted a new law implementing a comprehensive program of background checks for Georgia long-term care facilities. The "Georgia Long-term Care Background Check Program" consolidates three existing background check statutes and replaces them with a single, comprehensive background check law applicable to all owners, applicants, and employees of long-term care facilities. The new law includes a national fingerprint-based background check system through the FBI database for long-term care employees, applicants, and owners.” See Article.

    Jul 19, 2018 8:42 PM

  • Wisconsin Supreme Court: LIRC's version of the “inference method” is inconsistent with Wis.Stat. § 111.322(1)

    The Supreme Court of Wisconsin held that Labor and Industry Review Commission’s version of the “inference method” is inconsistent with Wis.Stat. § 111.322(1) because it excuses the employee from his burden of proving discriminatory intent. In this case, a former Wisconsin Bell employee alleged that he was intentionally discriminated against when he was terminated because of his disability. See Decision.

    Jul 19, 2018 8:42 PM

  • White House Memo May Indicate Future Coal and Nuclear Subsidies

    “Federal Energy Regulatory Commission ("FERC") members on June 19, 2018, affirmed their commitment to regional energy market stability. Their remarks came in response to a leaked Trump administration draft plan and President Trump's own June 1, 2018 public statement that Secretary of Energy Rick Perry "take immediate steps" to prevent coal and nuclear plant closures.” See Article.

    Jul 19, 2018 8:41 PM

  • Court Rules that University Does Not Need to Return Loan Proceeds to a Bankruptcy Estate

    “On June 19, the federal District Court for the District of Connecticut issued a decision allowing Johnson & Wales University to retain proceeds it received under a Federal Direct Parent PLUS Loan for the tuition of a student whose parents subsequently declared bankruptcy. The bankruptcy trustee sought to recoup those amounts for the bankruptcy estate, but the Court decided that the loan proceeds never were the property of the student's parents and, therefore, were not subject to recapture for the bankruptcy estate.” See Article.

    Jul 18, 2018 11:07 PM

  • 3rd Circuit: TSA employees immune from tort claims

    The 3rd Circuit Court held that Transportation Security Administration (TSA) employees do not qualify as “investigative or law enforcement officers” for the purposes of the Federal Tort Claims Act (FTCA). Under the FTCA the United States generally enjoys sovereign immunity for intentional torts committed by federal employees, this rule is subject to an exception known as the "law enforcement proviso," which waives immunity for a subset of intentional torts committed by employees who qualify as "investigative or law enforcement officers." The Court held since the TSA employees are not “investigative or law enforcement officers,” tort claims filed against them are therefore barred by the Government’s sovereign immunity. See Decision.

    Jul 18, 2018 11:07 PM

  • Massachusetts Legislature Strikes ‘Grand Bargain’

    “On June 20, Massachusetts lawmakers approved legislation aimed at preventing several high profile ballot questions from appearing before voters in November. Commonly referred to as the ‘Grand Bargain,’ the legislation (H.4640) raises the state's minimum wage, eliminates premium pay for those who work on Sundays and holidays, creates a paid family and medical leave program, and institutes a permanent annual sales tax holiday weekend.” See Article.

    Jul 18, 2018 11:04 PM

  • Court of Chancery of Delaware clarifies when trial court has authority to award expenses under the bad-faith exception to the American Rule

    The Court of Chancery of Delaware held that “when a trial court has awarded a party expenses under the bad-faith exception to the American Rule, and that party subsequently defends the trial court's ruling successfully on appeal, the trial court lacks authority after the appeal to award the expenses that the party incurred defending the appeal.” See Decision.

    Jul 18, 2018 11:02 PM

  • South Carolina’s New Expungement Law Could Increase Applicant Pool

    “In an effort to increase the state's potential workforce, the South Carolina General Assembly passed legislation [] that will expand the state's current expungement law and allow individuals to more easily remove criminal convictions from their records.” See Article.

    Jul 18, 2018 11:01 PM

  • 5 Options TPS Holders Have to Remain in the United States When TPS Ends

    Author Charles H. Kuck discusses the options available to individuals who will be affected by the ending of TPS for Hondurans and El Salvadorans. He presents 5 different options depending on an individual’s personal circumstances. See Article.

    Jul 18, 2018 11:00 PM

  • FDA Approves First Marijuana-Based Drug to Treat Epilepsy

    “On June 25, 2018, the Food and Drug Administration ("FDA") approved Epidiolex (cannabidiol), the first marijuana derived drug for use in the United States, to treat two rare forms of epilepsy. This decision for the FDA could have sweeping effects for the marijuana industry. While the FDA has previously approved drugs comprising synthetic (manufactured) cannabinoids, this is the first FDA approved drug comprised of an active ingredient derived from marijuana. Even with FDA approval, further action is required before Epidiolex can enter the market in the United States.” See Article.

    Jul 18, 2018 10:59 PM

  • Senate Approves Hydropower Bills by Unanimous Consent

    “On Thursday, June 28, 2018, the Senate approved ten individual hydropower bills by unanimous consent. Seven of the ten were previously passed by the House and will now go to the President for his signature. The remaining three bills have not yet been passed by the House, but in all three cases, the House has passed either a companion bill or bills with language similar to the Senate bills.” See Article.

    Jul 18, 2018 10:59 PM

  • Franchising World

    Issue number #50-6 (June 2018) of publication Franchising World is now available

    Jul 18, 2018 8:13 PM

  • New Hampshire Business Review

    Issue number #40-13 (June 2018) of publication New Hampshire Business Review is now available

    Jul 18, 2018 8:11 PM

  • ColoradoBiz

    Issue number #45-4 (July 2018) of publication ColoradoBiz is now available

    Jul 18, 2018 8:08 PM

  • Corrections Today

    Issue number #80-4 (July 2018) of publication Corrections Today is now available

    Jul 18, 2018 8:08 PM

  • Alaska Business Monthly

    Issue number #34-7 (July 2018) of publication Alaska Business Monthly is now available

    Jul 18, 2018 8:07 PM

  • Diverse Issues in Higher Education

    Issue number #35-11 (June 2018) of publication Diverse Issues in Higher Education is now available

    Jul 18, 2018 8:04 PM

  • Environmental Law

    Issue number #48-2 (March 2018) of publication Environmental Law is now available

    Jul 18, 2018 8:03 PM

  • Arkansas Business

    Issue number #35-26 (June 2018) of publication Arkansas Business is now available

    Jul 18, 2018 8:02 PM

  • Reason

    Issue number #50-4 (August 2018) of publication Reason is now available

    Jul 18, 2018 8:02 PM

  • Los Angeles Business Journal

    Issue number #40-25 (June 2018) of publication Los Angeles Business Journal is now available

    Jul 18, 2018 7:53 PM

  • San Diego Business Journal

    Issue number #39-25 (June 2018) of publication San Diego Business Journal is now available

    Jul 18, 2018 7:52 PM

  • Policy & Practice

    Issue number #76-3 (June 2018) of publication Policy & Practice is now available

    Jul 18, 2018 7:46 PM