Constitutional Law

U.S. Supreme Court Decision Watch Begins As End of Term Nears

by Donald Scarinci on 5/18/2013

The U.S. Supreme Court must issue decisions on cases considered in the October 2012 Term before the session ends in June. The justices have concluded all oral arguments and are expected to start rolling out the remaining...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

International Litigation Update: Developments Concerning the Alien Tort Statute and Personal Jurisdiction

by King & Spalding on 5/17/2013

In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

Fast Five - Rhode Island Appellate Practice: May 2013

by Nicole Benjamin | Adler Pollock & Sheehan P.C. on 5/17/2013

Rhode Island Appellate Practice - Welcome to the Fast Five on Rhode Island Appellate Practice, which provides five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island...more

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

by Paul Weiland | Nossaman LLP on 5/17/2013

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

Second Circuit Agrees To Hear Interlocutory Appeal Of Key MBS Litigation Questions

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Court of Appeals for the Second Circuit granted two petitions seeking interlocutory appeal of key questions related to pending mortgage backed securities (MBS) cases....more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

by Amy L. Pierce | Pillsbury Social Media, Entertainment &... on 5/17/2013

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

Federal Appeals Court Strikes Down NLRB Notice Rule

by Phillips Lytle LLP on 5/16/2013

In a major victory for employers on May 7th, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (“NLRB”) August 2011 regulation requiring private businesses to post an...more

D.C. Circuit Ruling Strikes Down NLRB Union Poster Rule

by McCarter & English, LLP on 5/16/2013

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated a rule issued by the National Labor Relations Board (the "Board") that would have required millions of employers -- both union...more

Let Them Eat Cake! (And Then Write an Online Review about It)

by Laura Rogal | Jaburg Wilk on 5/16/2013

Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a...more

Cuba Practice Update -- May 16, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 5/16/2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or...more

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

by Gary Mouw | Varnum LLP on 5/16/2013

In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/16/2013

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more

Energy Drink Regulatory Update: Monster Sues City of San Francisco in Federal Court, City Fires Back in California State Court

by Fuerst Ittleman David & Joseph, PL on 5/16/2013

The FDA announced that it is conducting an investigation into the use of caffeine in foods and beverages. Since the FDA’s announcement, the energy drink industry has continued to receive significant media attention. On May 6,...more

Health Care Reform Implementation Update - May 15, 2013

by Mark Alderman | Cozen O'Connor on 5/16/2013

Last week the Senate agreed to vote on Marilyn Tavenner’s nomination to lead the Centers for Medicare and Medicaid Services (CMS); the Department of Health and Human Services (HHS) announced an initiative that will give...more

Court Explicates Scope of Usury Exemption For Real Estate Brokers

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/16/2013

Artistotle didn’t think much of the idea of paying interest: (“As this is so, usury is most reasonably hated, because its gain comes from money itself and not from that for the sake of which money was invented. For...more

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