News & Analysis as of

Certifications Appeals

Bass, Berry & Sims PLC

Sixth Circuit Adopts New Certification Procedure Under the FLSA

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The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

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This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Proskauer - Labor Relations Update

Federal Appeals Court Partially Affirms Elimination of NLRB Rule, Hitting Fast-Forward Button on Representation Elections

A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

White and Williams LLP

A Reflection on the New Jersey Supreme Court’s Recent Rejection of a Per Se Ban on Lost- Profit Claims by New Businesses

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On August 17, the New Jersey Supreme Court decided Schwartz v. Menas, 279 A.3d 436 (N.J. 2022). At issue was whether the plaintiff’s claim for lost profits damages as a new business was barred by the “new business rule.” This...more

J.S. Held

Practical Completion: The New Context for Certifying Higher-Risk Buildings in England

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The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more

Foley & Lardner LLP

Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business

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If you are an executive involved in a Massachusetts construction project, the routine pay applications you exchange in the ordinary course must now receive your utmost attention — as any failure to reject a pay application in...more

Steptoe & Johnson PLLC

West Virginia Class Action Update

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A spate of recent decisions from the Supreme Court of Appeals of West Virginia illustrates that while putative class action plaintiffs must strictly comply with the requirements for class certification and courts’...more

Schwabe, Williamson & Wyatt PC

Updated Key Considerations for PPP Documentation under the Economic Aid Act

Borrowers under the Small Business Administration’s (the “SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for...more

Schwabe, Williamson & Wyatt PC

Key Considerations for PPP Documentation - Update #4

Borrowers under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for and...more

Fox Rothschild LLP

Contractor Alert: Mandatory WOSB Certification Deadline Pending

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The Small Business Administration (SBA) finally put an end to self-certifications for the Woman-Owned Small Business Program (WOSB). Starting now and continuing through October 15, 2020, federal contractors that want to...more

Bradley Arant Boult Cummings LLP

Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal

On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

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On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Balch & Bingham LLP

Healthcare.gov: No 2015 Employer Subsidy Notices

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On September 18, 2015, the Centers for Medicare and Medicaid Services (CMS) published a set of “Frequently Asked Questions Regarding the Federally-Facilitated Marketplace’s (FFM) 2016 Employer Notice Program.”...more

McDermott Will & Emery

Expedited Patent Appeal Pilot Program

On June 15, 2015, the U.S. Patent and Trademark Office (USPTO) announced it was starting an Expedited Patent Appeal Pilot Program effective June 19, 2015. Under the Expedited Patent Appeal Pilot, an appellant can file a...more

Akerman LLP - HR Defense

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strike Two – FDA Rejects Amgen’s Certification Petition for Biosimilar Applicants

In parallel with the district court case where Amgen is asserting that Sandoz has not complied with the BPCIA because they have not provided Amgen with a copy of their biosimilar application, in October 2014 Amgen filed a...more

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