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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Arizona Legislature Approves Disability Lawsuits Bill

by Payne & Fears on

On Monday, Arizona state senators approved legislation that, if signed into law, will give businesses at least thirty days to cure violations of the Arizonans with Disabilities Act before they can be sued....more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

DOL Fiduciary Rule Delayed, But At Least Parts Might Be Here to Stay

On April 4, 2017, the U.S. Department of Labor issued a final rule postponing applicability of the conflict of interest rule and related exemptions for sixty days, until June 9, 2017...more

State Department Orders U.S. Embassies to Apply Extra Scrutiny Before Issuing Visas to Certain “Population Sets”

In a diplomatic cable dated March 17, 2017, the U.S. Department of State issued orders to American consulates and embassies abroad instructing them to increase their vigilance in reviewing visa applications and to develop a...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

by FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Florida Court: State Law Does Not Allow Local Minimum Wage Ordinances

Miami Beach’s new minimum wage law, which is intended to raise the mandatory citywide wage to $13.31 by 2021, was struck down on Tuesday by a Miami-Dade circuit court judge who ruled that the ordinance was preempted by state...more

US Supreme Court Invalidates NLRB Acting General Counsel Appointment

by Morgan Lewis on

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more

Has the Supreme Court invalidated almost two years of actions by the NLRB Acting General Counsel? (Maybe, but employers shouldn’t...

For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014), the...more

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated...

by FordHarrison on

The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

by Littler on

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President...more

SCOTUS Upholds Federal Vacancies Reform Act

On March 21, 2017, the U.S. Supreme Court decided the case of NLRB v. SW General, Inc., dba Southwest Ambulance. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998...more

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

by Benesch on

On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

by Littler on

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

Arizona State Minimum Wage and Paid Sick Leave Requirements Survive Legal Challenge

by Stinson Leonard Street on

Arizona's top court rejected a challenge by the Arizona Chamber of Commerce and other business groups to overturn Proposition 206, which implemented a higher minimum wage and paid sick time accrual requirements. ...more

UPDATE: Federal Judge in Hawaii Temporarily Freezes New Executive Order on Immigration

by Miller Canfield on

On March 15, 2017, a federal judge in Hawaii froze President Trump’s March 6, 2017 executive order. The ruling suspends the executive order just one day before it was set to go into effect on March 16, 2017. ...more

BREAKING: Hawaii District Court Applies the Brakes to Second Version of President Trump’s Immigration Travel Ban

On Wednesday, March 15, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) blocking implementation of key portions of the second version of the executive order (EO) issued by...more

Travel Ban Suspended by Hawaii Federal Court

by Davis Brown Law Firm on

On Wednesday, March 15, 2017, a federal court in Hawaii temporarily enjoined the Executive Order commonly known as the “travel ban” that was to take effect today (Thursday, March 16, 2017). Several other federal courts have...more

The Prop 206 Saga Continues: Arizona Supreme Court Unanimously Rejects Constitutional Challenge

Last December, I wrote about a lawsuit before the Arizona Supreme Court challenging Proposition 206, the minimum wage and paid sick time referendum that instantly raised the Arizona minimum wage to $10 per hour and created a...more

Trump Blinks and Signs Revised Executive Order; States React Immediately

by Genova Burns LLC on

On March 6 President Trump signed a second Executive Order revoking his January Order and replacing it with Executive Order (“March Order”) effective March 16, 2017 that is intended to overcome court challenge. The March...more

MoFo New York Tax Insights - Volume 8, Issue 3

by Morrison & Foerster LLP on

ALJ Finds CEO Changed Domicile from New York City to Texas - A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more

The Final Rule: BICE on Ice? Status of the DOL Fiduciary Rule

With recent developments in all three branches of government bearing on the authority and timing of the new Department of Labor (DOL) final rule expanding the definition of fiduciary “investment advice” (the Final Rule) for...more

President Trump Signs Revised Immigration Executive Order

by WilmerHale on

On March 6, 2017, President Trump signed a substantially narrowed version of the January 27, 2017 Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” The revised Order,...more

Time and Time Again

by Seyfarth Shaw LLP on

On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules....more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

by Jackson Lewis P.C. on

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

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