Imminent Harm

News & Analysis as of

UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more

Law Enforcement Permitted To Obtain GPS Location Data Without A Warrant In A Sex Trafficking Investigation

In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Employment Alert: Federal Court Halts Implementation of New Overtime Rules

On November 22, 2016, a federal district court in Texas preliminarily enjoined the Department of Labor (DOL) from enforcing portions of its rule increasing the federal minimum salary for exempt executive, administrative, and...more

Texas Federal Judge Blocks U.S. Department of Labor from Implementing Controversial Rule Expanding Overtime Protections

On November 22, 2016, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a nationwide injunction blocking the U.S. Department of Labor from implementing a controversial rule that would...more

Department of Labor Overtime Regulations Enjoined by Federal Judge

Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations,...more

Preliminary Injunction Granted Due to Weakened Invalidity Defense in Light of Inter Partes Review Decision

A judge in the Northern District of California has enjoined a group of defendants from selling a laboratory DNA sequencing machine. The plaintiff first asserted the patent against one defendant in litigation in the District...more

Deconstructing Aranda: How Bad Facts Made a Good Judge Make Bad Law

Within an hour or so of the Supreme Court handing down its landmark ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), I had declared the case to be the end of TCPA class litigation. In a nutshell: a violation of the...more

D.C. Circuit Tosses Consumer Complaint Following Spokeo

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more

No Harm, Yes Foul: FTC Rules Risk of Consumer Harm Sufficient to Find LabMD Liable for Security Breach.

In a unanimous decision published Friday, July 28, attached here, the Federal Trade Commission (FTC) overruled an administrative law judge and found that a medical testing company’s lack of security measures violated federal...more

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Federal Court Halts Enforcement of DOL’s New “Persuader Rules”

Seyfarth Synopsis: On June 27, 2016, a federal district court in Lubbock Texas issued a nationwide preliminary injunction preventing the Department of Labor’s new persuader regulations from taking effect this July 1,...more

Don’t Mess With Texas: Lubbock District Court Judge Issues Preliminary Injunction Blocking DOL’s Changes to the “Persuader” Rule

Employers and trade associations breathed a collective sigh of relief today after Lubbock District Court Judge Sam R. Cummings entered a nationwide injunction preventing the DOL from enforcing its changes to the “persuader”...more

Lubbock Judge Grants Motion to Halt Persuader Rule

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

National Federation of Independent Business et al. v. Perez, et al.

Preliminary Injunction OrderTexas

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary Injunction,...more

Judge Griesa Grants Endo an Injunction Against Generic Manufacturers of Opioid Opana ER

On April 29, 2016, S.D.N.Y. District Judge Thomas P. Griesa granted Defendants Actavis, Inc., Actavis South Atlantic LLC (together “Actavis”) and Roxane Laboratories, Inc.’s motion to correct the court’s August 14, 2015...more

7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiffs

On April 14, 2016, the Court of Appeals for 7th Circuit reinstated plaintiffs’ action against P.F. Chang’s restaurant chain that arose out of the well-reported breach of payment card information. The action was previously...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson...more

Flying Witnesses: Admissibility of Drone-Gathered Evidence in Florida

Unmanned flight isn’t new, nor is aerial photography. Hobbyists have been rigging cameras to model airplanes since long before the word “drone” became commonplace. What’s new is the proliferation of massproduced, inexpensive...more

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

New Ruling Challenges FTC Authority to Regulate Cybersecurity Based on “Possible Consumer Harm”

A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more

Insurance Coverage – Homeowner’s Insurance – “Imminent Loss”

Arthur Grebow, et al. v. Mercury Insurance Company - Court of Appeal, Second District (October 21, 2015) - Homeowners’ policies are not intended to require that all maintenance costs incurred to prevent collapse...more

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