Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion

by Lane Powell PC - ERISA Law on 5/23/2012

We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”? Must you use the...more

State Law Update: Mortgage Law Changes in Alabama & West Virginia

by BuckleySandler LLP on 5/23/2012

Alabama Enacts Residential Mortgage Satisfaction Act. On May 3, Alabama enacted Senate Bill 347, which establishes procedures by which a borrower can obtain a payoff statement for a residential mortgage, including the form of...more

“Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out”

by Miller Starr Regalia on 5/23/2012

In a highly detailed and analytical opinion, the Fifth District Court of Appeal addressed and answered numerous novel legal questions regarding the proper interpretation and application of Public Resources Code § 21167.6(e),...more

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

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Civil Procedure – May 23, 2012

Narrowed by: Administrative Law

8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion

State Law Update: Mortgage Law Changes in Alabama & West Virginia

“Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out”

Eleventh Circuit Court of Appeals Finds that “Dunning” Notice Enforcing a Security Interest May Give Rise to FDCPA Claim

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

Clarifying the Presumption Against Extraterritoriality: California Northern District Court Rejects the Application of Federal and...

Financial Review Team Appointed Under The Emergency Financial Manager Act Is Not A “Public Body” As Defined In The Open Meeting...

InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure

Labor: EEOC issues final rule on reasonable factors other than age under the ADEA: The burden is on the employer to prove this...

Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims

Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are...

Coal Talk: Second ALJ Dismisses Late-Filed Penalty Petition

Amendments to the Administrative Code of the City of New York and the Rules of the City of New York Requiring Process Servers to...

The AFSA proposal on privilege protection: needed fix or political roadblock?

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