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Abeyance

Foley & Lardner LLP

PTAB Orders All Cases Remanded in Light of Arthrex Held in Abeyance

Foley & Lardner LLP on

Earlier this month, the Chief Administrative Patent Judge issued a general order holding in abeyance all cases remanded in light of Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019). As we previously...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

Jones Day on

The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Case Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

As first reported here on December 13th, the Sierra Club and National Parks Conservation sociation (collectively “Sierra Club”) recently filed a Petition for Review (“Petition”) in the United States Court of Appeals for the...more

Farrell Fritz, P.C.

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Farrell Fritz, P.C. on

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA)....more

Lewitt Hackman

Franchisor 101: Lesson in License Agreements

Lewitt Hackman on

The U.S. Sixth Circuit Court of Appeals upheld summary judgment for franchisor Buffalo Wild Wings (“BWW”) rejecting a restaurant operator’s counterclaims for wrongful termination, malicious prosecution, and breach of...more

Baker Donelson

Government Appeals Decision Declaring 340B Payment Cuts Unlawful; District Court Continues to Consider Question of Relief

Baker Donelson on

The U.S. government has appealed a federal district court decision issued in December 2018 that found the Department of Health & Human Services (HHS) exceeded its authority by reducing Part B drug reimbursement to certain...more

Fisher Phillips

Grubhub Trial Decision Could Be Delayed For A Very Scary Reason

Fisher Phillips on

The first few days of 2018 might not be going to plan for those gig economy businesses hoping that the new year might bring some relief in the seemingly never-ending misclassification struggle. As we sit on pins and needles...more

Benesch

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

With Overtime Appeal On Hold, When Should We Expect New Regulations?

The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more

Maynard Nexsen

Department of Labor Files Appeal and Motion for Abeyance in Overtime Rule Litigation

Maynard Nexsen on

There have been new developments in litigation over changes to regulations under the Fair Labor Standards Act (FLSA) that specify which workers are eligible for overtime pay. Readers of our Mid-Week Memo will recall that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations

On November 3, 2017, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit asking the appellate court to hold in abeyance the DOL’s appeal of a district court decision that...more

Fisher Phillips

Federal Judge Deals Another Blow To USDOL's "Overtime Rule" (Updated 09/07/17)

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A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more

Jones Day

Two Bureau of Land Management Regulations on Life Support Under President Trump

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The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

Snell & Wilmer

‘Standing Outside the Fire?’ D.C. Circuit Puts Off Question on House’s Standing to Sue Over ACA Subsidies—For Now

Snell & Wilmer on

We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more

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