vLex United States
San Diego Business Journal
Sep 20, 2018 5:17 AM
San Fernando Valley Business Journal
Sep 20, 2018 5:02 AM
U.S. Supreme Court denies application for emergency stay in the case of Crossroads Grassroots Policy Strategies v. Citizens for Responsibility and Ethics in Washington
On September 18, the U.S. Supreme Court denied an application for an emergency stay in the case of Crossroads Grassroots Policy Strategies v. Citizens for Responsibility and Ethics in Washington. The application sought to stay the federal district court decision invalidating a Federal Election Commission (FEC) regulation which allowed non-profit organizations to keep their donors private. See Case Documents.
Sep 19, 2018 11:40 PM
Federal Court finds Texas laws concerning the disposal of embryonic and fetal tissue remains violate both the Equal Protection and Due Process Clauses
On September 5, a federal court in Texas held that Texas laws concerning the disposal of embryonic and fetal tissue remains violate both the Equal Protection and Due Process Clauses. The Court declined to rule that Texas does not have a legitimate interest “in enacting a well-thought-out and workable statute that accomplishes the asserted purpose of respecting potential life by providing for the dignified disposition of embryonic and fetal tissue remains.However, under United States Supreme Court precedent, such a statute may not violate the Equal Protection Clause and may not impermissibly place substantial obstacles in the path of women seeking pregnancy-related care such that it constitutes an undue burden in abortion access, violating the Due Process Clause.” See Decision.
Sep 19, 2018 11:38 PM
Third Circuit Rules Employer Cannot Be Forced to Arbitrate Retiree Health Care Claims
“Unfunded retiree health care benefits have been the elephant in the room for decades. Together with unfunded pension liabilities, they threaten the survival of both private companies and municipalities. One need only recall that prior to its bankruptcy, General Motors spent more on health care per vehicle than it did on steel. Recent court decisions have turned the tide somewhat, allowing employers to avoid financially crippling liability to retirees for health care costs. A new decision by the Third Circuit Court of Appeals, applying to pre-Medicare retiree benefits in a union workforce, continues that trend.” See Article.
Sep 19, 2018 10:22 PM
Connecticut Supreme Court: no right to a jury trial in an action brought pursuant to General Statutes§ 52-556 in certain circumstances
The Supreme Court of Connecticut has held that there is no right to a jury trial in an action brought pursuant to General Statutes§ 52-556, which waives sovereign immunity for claims arising from a state employee's negligent operation of a state owned motor vehicle. See Decision.
Sep 19, 2018 1:20 AM
6th Circuit Provides Expansive Due Process Rights in Title IX Cases
"In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on the credibility of such witnesses." See Article.
Sep 19, 2018 1:10 AM
Sep 18, 2018 11:16 AM
Sep 18, 2018 11:02 AM
9th Circuit Court vacates permanent injunction relating to CA charitable registration requirement
On September 11, the 9th Circuit Court vacated a district court’s permanent injunction regarding a challenge to California’s charitable registration requirement as applied to two nonprofit organizations that solicit tax-deductible contributions in the state. The Court held that “the California Attorney General's Schedule B requirement, which obligates charities to submit the very information they already file each year with the IRS, survived exacting scrutiny as applied to the plaintiffs because it was substantially related to an important state interest in policing charitable fraud.” See Decision.
Sep 17, 2018 9:36 PM
Hospital Fails to State Antitrust Claim Against Competitor
“In SCPH Legacy Corp. v. Palmetto Health, the court of appeals affirmed a motion to dismiss filed by Palmetto Health (Palmetto). Providence Hospital (Providence) alleged that Palmetto conspired to eliminate competition by hiring Providence's orthopedic surgeons secretly and "en masse." As a result, Providence suffered a $50 million loss in value (as calculated by the reduction in price that another company was willing to pay to acquire Providence). The court found that Providence failed to state a claim on which relief could be granted. The court explained that no matter what entity bought the orthopedic practice, Providence would have suffered the same loss.” See Article.
Sep 17, 2018 9:34 PM
Louisiana Supreme Court: New Orleans Municipal Code §110 -11, which regulates the outdoor retail sale of art, is unconstitutional as applied to plaintiff
On September 7, the Supreme Court of Louisiana held that New Orleans Municipal Code §110 -11, which regulates the outdoor retail sale of art, is unconstitutional as a violation of the plaintiff’s First Amendment Rights. In this case, the Plaintiff received a citation after displaying his art for sale on neutral ground in New Orleans. The Court reasoned that the ordinance was overly broad and not narrowly tailored to serve the City’s substantial interests. See Decision.
Sep 17, 2018 9:29 PM
CA Enacts 100% Carbon-Free Energy Standard
“Governor Jerry Brown signed SB 100 into law [recently], setting in place a 100% renewable electricity target for California by 2045…[t]he law calls for a state-wide renewable energy target of 60% by 2030, with an interim target of 50% by the end of 2026 and a final 100% target by 2045. At the signing ceremony, Brown also announced an executive order directing California to achieve carbon neutrality, meaning it would remove as much carbon dioxide from the atmosphere as it emits, also by 2045.” See Article.
Sep 17, 2018 9:25 PM
Sep 14, 2018 11:03 AM
Los Angeles Business Journal
Sep 13, 2018 5:33 AM
Sep 13, 2018 5:32 AM
Sep 13, 2018 5:32 AM
9th Circuit Court: allegation that defendant is subscriber of IP address associated with copyright infringement activity is not enough
On August 27, the 9th Circuit Court held that “the bare allegation that the defendant was the registered subscriber of an Internet Protocol (IP) address associated with infringing activity was insufficient to state a claim for direct or contributory infringement.” In this case the plaintiff alleged that the defendant downloaded and distributed of a film through peer-to-peer BitTorrent networks without authorization. See Decision.
Sep 12, 2018 9:48 PM
ICC will continue its investigation into Afghanistan
On September 11, the International Criminal Court (ICC) announced that it will “continue its independent and impartial work, undeterred.” The Court noted that it was aware of the statements made on 10 September 2018 by US National Security Advisor, John Bolton, but that the Court as an independent and impartial judicial institution, “will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law.” See Press Release.
Sep 12, 2018 9:42 PM
Third Circuit Weighs in on Scope of Section 524(G)(4) Injunction
“A recent Third Circuit decision has clarified the scope of the third-party injunction, including injunctions in favor of insurers that resolve insurance coverage in asbestos bankruptcy cases, that may be issued under Section 524(g) of the Bankruptcy Code. Liability covered by such an injunction must be "derivative" of the debtor, meaning that under state law, the third party's liability must depend on the debtor's liability. And it must be limited to liability that is "legally caused" by a statutory relationship (such as insurer, director, etc.) between the third party and the debtor.” See Article.
Sep 12, 2018 9:41 PM
CA Court of Appeals: language stating that the 10-day grace period does not begin to run until the defendant “announces” ready for trial was dictum
On September 5, the California Court of Appeals considered the application of the ’10-day grace period’ where a defendant requests or consents to the setting of a trial date after the 45-day period. In this case, the defendant must be brought to trial on the date set for trial or within 10 days thereafter. Here, the Court considered an issue where previous cases used language stating that the 10-day grace period does not begin to run until the defendant “announces” ready for trial. The Court held that the language in each of those cases requiring the announcement of ready for trial was dictum, in that the defense counsel in each of those cases had made such an announcement and concluded “that what is required is that the record reflect the defendant's actual readiness for immediate trial, regardless whether an explicit announcement of readiness is made.” See Decision.
Sep 12, 2018 9:41 PM
JTEKT v. GKN: Federal Circuit Finds Competitor Lacks Standing to Appeal PTAB’s Final Written Decision
“After determining that its competitor GKN's patent raised a potential risk of infringement for a product under development, JTEKT1 challenged the patentability of claims 1-7 of U.S. Patent No. 8,215,440 via inter partes review (IPR2016-00046). When claims 2 and 3 were confirmed as patentable in the final written decision and thus the risk of infringement remained JTEKT appealed, and GKN moved to dismiss the appeal based on lack of standing… the panel found that JTEKT failed to establish an actual injury sufficient to confer Article III standing and dismissed the appeal.” See Article.
Sep 12, 2018 9:39 PM
The New American
Sep 12, 2018 5:17 AM
New Jersey Supreme Court: Commission was required to provide dealers with hearings pursuant to N.J.S.A. 39:10-20 if the reasons given by the dealers present a colorable dispute of facts or at least the presence of mitigating evidence
The Supreme Court of New Jersey considered the issue of whether the New Jersey Motor Vehicle Commission appropriately issued fines and suspensions without holding hearings. In this case, the commission had sent notice of the suspensions to several dealers and notified them of their right to request a hearing. All dealers requested a hearing in writing and provided explanations for the alleged violations. The Commission denied the hearing requests. The NJ Supreme Court held that “if the reasons given by the dealers present a colorable dispute of facts or at least the presence of mitigating evidence, the Commission is required to provide an in-person hearing pursuant to N.J.S.A. 39:10-20. An in-person hearing must be held prior to a license suspension or revocation when the target of the enforcement action requests it.” See Decision.
Sep 11, 2018 10:09 PM
U.S. District Court Affirms Enforcement Authority to Combat Virtual Currency Fraud
“The U.S. District Court for the Eastern District of New York determined that "the CFTC's antifraud authority unambiguously applies broadly to the use or attempted use of any manipulative or deceptive device in connection with a contract of sale of any commodity in interstate commerce, including the virtual currencies at issue." The case involved a CFTC enforcement action against a virtual currency investment adviser for fraud and misappropriation in connection with purchases and trading of bitcoin and litecoin. The Court, rejecting arguments that the CFTC lacked jurisdiction and standing, imposed permanent trading and registration bans on the defendants and ordered them to pay more than $871,000 civil penalties and $290,000 in restitution.” See Article.
Sep 11, 2018 10:05 PM
SEC Adopts Rule Amendments to Increase Transparency in Municipal Securities Markets
“The SEC published in the Federal Register amendments to Exchange Rule 15c2-12. The amendments require municipal securities issuers to disclose material financial obligations that could impact an issuer's liquidity and overall creditworthiness...The effective date of the amendments is October 30, 2018. The compliance date of the amendments is February 27, 2019.” See Article.
Sep 11, 2018 9:59 PM
9th Circuit Court reverses dismissal of former NFL football players' claims against NFL
On September 6, the 9th Circuit Court reversed the district court’s dismissal of an action alleging state-law claims against the National Football League (NFL) by former football players. The Court “held that the district court erred in holding that the players' claims were preempted by § 301 of the Labor Management Relations Act.” The Court reasoned that the players' claims neither arose from collective bargaining agreements ("CBA") nor required their interpretation. See Decision.
Sep 11, 2018 9:58 PM
6th Circuit allows Michigan ban on straight ticket voting to continue
On September 5, the 6th Circuit Court reinstated a stay which will allow the Michigan ban on straight ticket voting to continue. The Court noted that the lower court likely erred in determining that the plaintiffs had demonstrated by a preponderance of the evidence that the Michigan Legislature intentionally discriminated against African Americans. See Decision.
Sep 11, 2018 9:56 PM
Real Estate Weekly
Sep 11, 2018 11:02 AM
Federal Communications Law Journal
Sep 11, 2018 10:47 AM