Civil Procedure Elections & Politics

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Health Update - March 2017

The Future of Essential Health Benefits - Editor's Note: The Essential Health Benefits (EHB) rule may be among the many parts of the Affordable Care Act (ACA) that are on the chopping block as the Trump Administration and...more

Lawsuit Abuse Reduction Act Would Mandate Sanctions for Frivolous Claims

On March 10, 2017, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act of 2017 ("LARA") by a vote of 230–180. 163 Cong. Rec. H2025-03, H2025. The bill seeks to undo the 1993 amendments to Rule 11 of the...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...

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

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

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

Trump May Not be the Only Catalyst for Administrative Reform

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have...more

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

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

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

Maryland Judge Blocks Part of Trump’s Revised Executive Order

A federal Judge in Maryland issued a ruling to block provisions of President Trump’s March 6th Executive Order. The Executive Order (EO) was a revision from a previously blocked EO, which bans foreign nationals from six...more

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were...more

House Approves Major Class Action Reform Bill

We previously wrote about the Fairness in Class Action Litigation Act of 2017 (H.R. 985), a bill recently proposed by U.S. Rep. Bob Goodlatte (R-Va), which, if enacted, would dramatically change the landscape of federal class...more

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

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

Proposed Legislation That Could Impact Class Action Litigation and Arbitration – The Fairness in Class Action Litigation Act of...

Two new pieces of proposed legislation could, if passed, change the architecture and requirements of class actions and outlaw mandatory arbitration clauses in employment and consumer contracts. But neither is a sure thing....more

Class Action Defendants Likely to Benefit if House Bill Becomes Law

The Fairness in Class Action Litigation Act, passed by the House of Representatives on March 9, 2017, may significantly change how class action cases proceed under Rule 23. Key Points: ..The Act addresses a range of...more

House Approves Controversial Class Action Bill

In Take Two!: Congress Revives the Fairness in Class Action Litigation Act, Eversheds Sutherland discussed the provisions of the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a reform bill designed to...more

A Not-So-Modest Proposal: Class Action Changes Could Have Big Impact

Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions in the near future. In particular, these...more

Travel Ban Suspended by Hawaii Federal Court

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

CAFA, PART II?

In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where...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

The House Has Passed H.R.725: The Innocent Party Protection Act

On March 9, 2017, at 7:19 p.m., by a vote of 224 to 194, with eleven members not voting, the House of Representatives passed The Innocent Party Protection Act. All 227 “ayes” were Republicans, and of the nays (or “noes,” as...more

Trump Blinks and Signs Revised Executive Order; States React Immediately

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

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