End Game in the Fight Over Same Sex Marriage?
Law Prof: The Clean Air Act Needs a Reboot
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
10 Scalia Interview Highlights
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy
Our reports on the oral arguments of the Illinois Supreme Court’s May term continue with Keating v. City of Chicago. Keating poses an important question for Illinois motorists: are municipal red light ordinances...more
The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act.
In a battle of the beverages, the Supreme Court recently...more
On June 23, 2014, the United States Supreme Court denied certiorari in Medtronic, Inc. v. Stengel, leaving in place the Ninth Circuit's en banc decision permitting a failure-to-warn claim against a pre-market approval (PMA)...more
On June 12, 2014, the Supreme Court, in an 8-0 ruling, held in POM Wonderful LLC v. Coca-Cola Co. that a competitor may sue another under the Lanham Act for unfair competition because of false or misleading food and beverage...more
On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more
Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers...more
Readers of our FR Alerts may recall that in late 2012, the Fifth District of the Illinois Appellate Court clarified the narrow circumstances in which a public body may charge fees greater than those in the Freedom of...more
When the Family and Medical Leave Act became effective, federal courts split on the ability of employers to obtain effective releases of FMLA liabilities. In 2009, the Department of Labor provided some clarity to this issue,...more
In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding...more
The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more
On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more
Earlier this month, the FDA announced that it would reopen the comment period on its draft guidance for the industry concerning use of the term “evaporated cane juice” (ECJ). Draft Guidance for Industry on Ingredients...more
Feb. 24, 2014 -- Professor David Schoenbrod talks about some of the inadequacies of The Clean Air Act along with potential solutions to the problem....more
On January 10, 2014, the U.S. Supreme Court agreed to hear an appeal by Pom Wonderful LLC against The Coca-Cola Company. The Court will examine whether Pom can bring a federal Lanham Act false advertising claim against a...more
With the rise in state legislative efforts to require labeling for foods produced using genetic engineering or “GMOs,” the Grocery Manufacturers Association (GMA) is poised to enter the labeling debate by working with federal...more
In an opinion issued on December 10, 2013, Federal Mine Safety and Health Review Commission Administrative Law Judge Richard Manning ruled that allowing operators to perform examinations of mobile equipment immediately prior...more
In mid-October, Prudential Financial Inc. dropped its fight against being designated as a systemically important financial institution (SIFI) by the Treasury Department's Financial Stability Oversight Council. When the...more
When Texans say “Don’t Mess With Texas”, they’re speaking directly to the EEOC these days. The State of Texas recently sued the EEOC, seeking to prevent the EEOC from enforcing its 2012 Enforcement Guidance on employer use of...more
Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to...more
When a Federal statute is ambiguous, who gets to decide what it means — judges or the agency in charge of administering the statute? In its recent holding in City of Arlington v. Federal Communications Commission issued...more
This European Competition Law Journal article reviews "The Global Limits of Competition Law," edited by Ioannis Lianos and D. Daniel Sokol. It is the first book in the Stanford University Press Series, Global Competition Law...more
The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more
Recent public discussion about the federal role in regulating compounding pharmacies has focused on compounded drugs for human use. Compounded drugs are also vital to companion animal health (like pets). In the world of...more
On December 26, the U.S. Court of Appeals for the Ninth Circuit held that a national bank’s practice of posting payments to checking accounts in a particular order is a federally authorized pricing decision, and that federal...more
Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more
Find a Conflict of Laws Author »
Back to Top