News & Analysis as of

Dismissals Administrative Law Judge (ALJ)

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Baker Donelson

Recent Litigation Underscores Continued Difficulties with the 'Logjam' of the 'Colossal' Medicare Claim Appeals Backlog

Baker Donelson on

Although newly released data from the Office of Medicare Hearings and Appeals (OMHA) suggests that the Medicare claim appeals backlog might be decreasing, OMHA's case processing time and recent litigation challenging the...more

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

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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

NLRB Restores Order to the “Dynamic Status Quo”

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

FordHarrison

Airline Industry Alert: Dismissal of AIR21 Whistleblower Claim

FordHarrison on

On August 23, 2019, a Department of Labor Administrative Law Judge (ALJ) dismissed a claim filed against Delta Air Lines, Inc. (Delta) by former pilot Karl Seuring (Complainant) under the Wendell H. Ford Aviation Investment...more

Proskauer - Whistleblower Defense

ARB Affirms Dismissal of SOX Whistleblower Claim Against Non-Public Companies

The ARB recently affirmed the dismissal of a whistleblower retaliation claim under Section 806 of SOX, holding an employer is not a “contractor” covered by SOX simply because it was a party to a contract with a publicly...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Berryhill

On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more

Fisher Phillips

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

Baker Donelson

Court Finds Jurisdiction to Bar Recoupment Associated with Pending Claims Appeal

Baker Donelson on

On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in...more

A&O Shearman

SEC's ALJ Dismisses Fraud Charges In High-Profile Lynn Tilton Case

A&O Shearman on

On September 27, 2017, an administrative law judge (“ALJ”) for the United States Securities and Exchange Commission (“SEC”) dismissed the SEC’s administrative proceeding against Lynn Tilton and four Patriarch Partners...more

Proskauer - Labor Relations Update

HR Generalist’s Threat To Bring In Union Not Protected, NLRB Rules

One of the most interesting things about labor relations is the unusual situations human resources professionals have to deal with on a day to day basis. If you are at a cocktail party with a human resources professional, ask...more

A&O Shearman

Administrative Law Judge Rules Against SEC In Insider Trading Case

A&O Shearman on

On April 18, 2017, Securities and Exchange Commission (“SEC” or “Commission”) Administrative Law Judge (“ALJ”) James Grimes dismissed an administrative proceeding instituted by the Commission against Georgia real estate...more

Fisher Phillips

Supreme Court Increases School Standards For Students With Disabilities

Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

Robinson+Cole RLUIPA Defense

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom...more

Burr & Forman

2nd Cir. Joins 7th & D.C. Requiring Exhaustion to Challenge SEC ALJs

Burr & Forman on

The Second Circuit has affirmed dismissal of “diva of distressed” Lynn Tilton’s constitutional challenge to the SEC’s administrative forum, holding that issue isn’t reviewable by the courts until an appeal after two levels of...more

Butler Snow LLP

FTC Loses Data Security Case

Butler Snow LLP on

On November 13, 2015, an administrative law judge dismissed the FTC’s enforcement action against LabMD for its data security breach in 2008. This appears to be the first dismissal of a FTC data security enforcement action....more

Patterson Belknap Webb & Tyler LLP

Re-Thinking “Substantial Injury”: The FTC’s Potential New Need for Victims

Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more

Epstein Becker & Green

When Do Data Security Breaches Cause Substantial Consumer Harm? Lessons from the LabMD FTC Complaint Dismissal

Epstein Becker & Green on

On November 19, 2015, an Administrative Law Judge (the “ALJ”) at the Federal Trade Commission (“FTC”) dismissed the FTC’s 2013 complaint against LabMD, a clinical testing laboratory, stating that the FTC failed to demonstrate...more

BakerHostetler

ALJ Issues Sweeping Decision Dismissing FTC’s Action Against LabMD

BakerHostetler on

On November 13, 2015, the chief administrative law judge (“ALJ”) handling the Federal Trade Commission’s (“FTC” or “Commission”) complaint against LabMD Inc. (“LabMD”) dismissed the case in its entirety. As we previously...more

WilmerHale

ALJ Dismisses FTC’s LabMD Complaint for Lack of Actual or Probable Consumer Harm from Cybersecurity Incidents

WilmerHale on

On Friday, November 13, Federal Trade Commission (“FTC” or the “Commission”) Chief Administrative Law Judge (“ALJ”) D. Michael Chappell issued an Initial Decision in In the Matter of LabMD, Inc. (FTC Docket No. 9357),...more

Dorsey & Whitney LLP

DC Circuit: No Jurisdiction For Suits Re SEC Forum Selection Choice

Dorsey & Whitney LLP on

Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more

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