Eleventh Circuit Court of Appeals Finds that “Dunning” Notice Enforcing a Security Interest May Give Rise to FDCPA Claim by BuckleySandler LLP on 5/23/2012 On May 1, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a lower court’s dismissal of an FDCPA claim, finding that the contents of a “dunning” notice from the lender’s foreclosing law firm...more
Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope by Ropes & Gray LLP on 5/23/2012 On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more
Clarifying the Presumption Against Extraterritoriality: California Northern District Court Rejects the Application of Federal and... by Ropes & Gray LLP on 5/23/2012 In a decision issued on May 3, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed – with prejudice – the bulk of federal and California state wage and hour allegations made...more
Financial Review Team Appointed Under The Emergency Financial Manager Act Is Not A “Public Body” As Defined In The Open Meeting... by Warner Norcross & Judd - Appellate Practice... on 5/23/2012 When the State Treasurer finds a municipality to be in “probable financial stress” the Michigan’s Emergency Financial Manager Act requires the Governor to appoint a financial review team for that municipality. Under the Act,...more
InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry. by BuckleySandler LLP on 5/23/2012 Topics In This Issue: Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking - Consumer Finance - E-Commerce Excerpt from Federal Issues: Federal Prudential Regulators Issue Final...more
Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more
Labor: EEOC issues final rule on reasonable factors other than age under the ADEA: The burden is on the employer to prove this... by Potter Anderson & Corroon LLP on 5/22/2012 Originally published in InsideCounsel.com on May 21, 2012 On March 30, the Equal Employment Opportunity Commission (EEOC) published its final rule, meant to clarify the “reasonable factors other than age” (RFOA) defense...more
Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims by Morrison & Foerster LLP on 5/22/2012 Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more
Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are... by Patterson Belknap Webb & Tyler LLP on 5/22/2012 The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more
Coal Talk: Second ALJ Dismisses Late-Filed Penalty Petition by Dinsmore & Shohl LLP on 5/22/2012 Administrative Law Judge Susan Biro joined Administrative Law Judge Thomas McCarthy in dismissing a penalty petition because the Secretary of Labor failed to file the petition within 45 days of a timely contest of a proposed...more
Amendments to the Administrative Code of the City of New York and the Rules of the City of New York Requiring Process Servers to... by Cullen and Dykman LLP on 5/22/2012 In June, 2011, the Commissioner of the New York City Department of Consumer Affairs (the “Department”), pursuant to authority granted by Section 20-104(b) of Chapter 1, Title 20 of the Administrative Code of the City of New...more
The AFSA proposal on privilege protection: needed fix or political roadblock? by Ballard Spahr LLP on 5/22/2012 Last week, the American Banker reported that while the legislative “fix” to the CFPB privilege waiver problem is stalled in the Senate, an alternative version of the legislation is being circulated in Congress. This...more
Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII by Barger & Wolen on 5/21/2012 In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more
Localities Responsible For Sewage Coming From Within Their Borders, Even When Private Parties Discharge It by Warner Norcross & Judd - Appellate Practice... on 5/21/2012 On May 18, the Michigan Supreme Court reversed the Court of Appeals, and held that the state’s Natural Resources and Environmental Protection Act (NREPA) required municipalities to be responsible for and prevent raw sewage...more
Reliability Developments — FERC Rules on Compliance Registry Issues: The Federal Energy Regulatory Commission (“FERC”) recently... by White & Case LLP on 5/21/2012 Compliance Registry Orders FERC issued two orders addressing appeals of registration determinations made by the North American Electric Reliability Corporation (“NERC”). The first order denied the appeal of the City of...more