vLex United States

  • Claims against Facebook alleging terrorist group support dismissed

    The Eastern District Court of New York has granted Facebook’s motions to dismiss complaints against them alleging that Facebook supported terrorist groups by allowing those group members to use the social media site to further their aims. The judge found that the plaintiff’s lacked standing in that their claims of Facebook’s action increasing their risk of harm of future terrorist attacks required “multiple conjectural leaps.” See Decision.

    Jun 23, 2017 4:22 PM

  • IRS updates employment tax exam and appeal rights information

    “The IRS published an update to Publication 5146, Employment Tax Returns: Examinations and Appeal Rights, explaining the procedures IRS auditors use to conduct employment tax examinations and an employer's rights and responsibilities during and after the examination process.” See Article.

    Jun 23, 2017 4:20 PM

  • The right to regulate in investor-state arbitration

    Author, Vera Korzun, “examines the "right to regulate" as the power of a sovereign state to adopt and maintain government measures for public welfare objectives.” She “explores how claims by foreign investors in investor-state dispute settlement (ISDS) may interfere with the state's ability to regulate, and how the state can protect its right in international investment agreements.” See Article.

    Jun 23, 2017 4:19 PM

  • Court finds no infringement by Apple on Aylus patents

    The Federal Court of Appeals has affirmed a grant of summary judgment, finding that Apple Inc. did not infringe on patent rights. The Court found that the statements made by Aylus during an IPR proceeding “were a clear and unmistakable disavowal of claim scope.” See Decision.

    Jun 23, 2017 4:18 PM

  • DHS rescinds DAPA

    The Department of Homeland Security (DHS) has issued a memorandum which states that the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) will be rescinded. The DAPA program had never been fully implemented due to litigation still currently pending in court. However, this rescission does not apply to the Deferred Action for Childhood Arrivals (DACA) policy. See Statement.

    Jun 23, 2017 4:17 PM

  • Maine Supreme Court finds new voting legislation unconstitutional

    The Maine Supreme Court has responded to a request for guidance from the Maine State Senate on the issue of new legislation which established ranked-choice voting in state elections. The Court found that the new statute is unconstitutional finding that it was “in direct contradiction to the plurality requirements of the Maine Constitution.” See Decision.

    Jun 23, 2017 4:16 PM

  • USDA suspends beef imports from Brazil

    The United States Department of Agriculture (USDA) had announced the suspension of all beef imported from Brazil due to “recurring concerns about the safety of the products intended for the American market.” In the past year approximately 11% of beef imports from Brazil were refused entry due to health concerns. See Statement.

    Jun 23, 2017 4:14 PM

  • Appeals Court affirms attorney's fees award

    The Federal Court of Appeals has affirmed the award of attorney’s fees for approximately $2.5 million stemming from allegations of patent infringement. The Court found that there was no abuse of discretion in the district court’s finding of the case as exceptional under 35 U.S.C. 285. See Decision.

    Jun 23, 2017 4:13 PM

  • Connecticut legislature approves bill increasing punishment for hate crimes

    Connecticut bill H.B. 5743 has been approved by the state legislature. The bill takes a harder stance on hate crimes, making those crimes felonies rather than misdemeanors. The bill also broadens the definition of hate crimes to include bias against the gender of a person. See Bill.

    Jun 23, 2017 4:12 PM

  • Health Matrix. Journal of Law-Medicine

    Issue number #27 (January 2017) of publication Health Matrix. Journal of Law-Medicine is now available

    Jun 23, 2017 10:47 AM

  • Vanderbilt Journal of Transnational Law

    Issue number #50-2 (March 2017) of publication Vanderbilt Journal of Transnational Law is now available

    Jun 23, 2017 10:46 AM

  • Arkansas Business

    Issue number #34-22 (May 2017) of publication Arkansas Business is now available

    Jun 23, 2017 10:46 AM

  • California CPA

    Issue number #85-10 (June 2017) of publication California CPA is now available

    Jun 23, 2017 10:46 AM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 8:02 PM

  • FAA application determined before compelling arbitration

    The 1st Circuit Court has affirmed the district court decision to deny a motion to compel arbitration in a dispute alleging violations of the Fair Labor Standards Act (FLSA). The Court found that whether the Federal Arbitration Act applies or not is a threshold question that the Court must determine before compelling arbitration under the FAA. Additionally, in the current dispute, the FAA exemption for employment of transportation workers is applicable. See Decision.

    Jun 22, 2017 7:52 PM

  • Judge allows discrimination claim based on "Gender Identity Disorder to survive dismissal

    A judge for the Eastern District Court of Pennsylvania has denied a partial motion to dismiss claims filed against Cabela’s. The claims filed against Cabela’s allege that an employee was fired from the store based on her sex and disability. The plaintiff had been diagnosed with “Gender Identity Disorder.” The Court found that the plaintiff had plausibly alleged that she was subjected to a “pattern of antagonism” as a result of engaging in protected activity and requesting accommodations for a disability. See Decision.

    Jun 22, 2017 7:51 PM

  • Kansas approves changes to firearm bill, restricting firearms in certain public buildings

    Senate Bill No. 235 has been approved by the Kansas legislature. The bill prohibits the carrying of concealed firearms in certain buildings. The bill generally allows for the carrying of firearms into public areas of any state of municipal buildings, however provides some exceptions, specifically for state medical care facilities, community mental health centers, and any building created under the University of Kansas hospital authority act. See Bill.

    Jun 22, 2017 7:50 PM

  • Government's evidence of transportation in furtherance of illegal stay insufficient

    The 2nd Circuit Court has reversed and remanded convictions of transporting an alien within the United States for profit. The Court found that the evidence that the United States government presented was insufficient to prove the transportation of the alien “in furtherance of” the alien’s illegal stay in the United States. See Decision.

    Jun 22, 2017 7:49 PM

  • Supreme Court rules on definition of residence under patent law statute

    The United States Supreme Court has ruled on the definition of “residence” under patent statute 28 U.S.C. 1400(b). The Court found that residence under the statute “refers to only the State of incorporation. The amendments to section 1391 did not modify the meaning of section 1400.” See Decision.

    Jun 22, 2017 7:47 PM

  • Court finds in favor of employer in benefits dispute; agreement did not provide for vested benefits

    A class of retirees and their union filed an action after their former employer unilaterally altered its retiree health benefits program. The 4th Circuit Court affirmed the district court’s grant of summary judgment to the employer after finding that the governing collective bargaining agreement does not provide for vested retiree health benefits. See Decision.

    Jun 22, 2017 7:45 PM

  • 4th Circuit finds lack of standing for those alleging injury from Experian credit report listings

    The 4th Circuit Court has reversed a decision of the district court, finding that individuals alleging injury under the Fair Credit Reporting Act due to the listing of a defunct credit card company rather than the name of its servicer did not allege a concrete injury stemming from the incomplete information and as such do not meet the requirements for standing. See Decision.

    Jun 22, 2017 7:44 PM

  • Court affirms subject matter jurisdiction of district court in patent infringement case

    The Federal Court of Appeals has affirmed a decision finding that the district court had subject matter jurisdiction in granting summary judgment to claims of patent infringement. The Court found that the district court followed the most recent mandate and properly exercised discretion in denying a Rule 56(d) request. See Decision.

    Jun 22, 2017 7:43 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 7:31 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 7:02 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 6:32 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 6:02 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 5:32 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 5:02 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 4:32 PM

  • NotiCen: Central American & Caribbean Affairs

    Issue number #21-19 (May 2017) of publication NotiCen: Central American & Caribbean Affairs is now available

    Jun 22, 2017 4:02 PM