Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses. The most well-known of...more
In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more
This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more
On February 26, 2020, the Supreme Court issued its decision in Intel Corp. Inv. Policy Comm. v. Sulyma, __. U.S. __, 140 S. Ct. 768 (2020). The Court unanimously held that Christopher Sulyma ("Sulyma") did not necessarily...more
Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more
The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more
In Georgia v. Public.Resource.Org, decided by the Supreme Court on April 27, the principle at stake was whether, under the copyright law, a state legislature can have the rights of an “author” in publishing an annotated...more
The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more
On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 decision that the annotations found in Georgia’s official state law code—Official Code of Georgia Annotated (OCGA)—are ineligible for copyright protection. Georgia et...more
In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more
The law – judicial opinions, statutes, and regulations – cannot be copyrighted. In Georgia v. Public.Resource.Org, Inc., No.18-1150 (April 21, 2020), the US Supreme Court was presented with the question whether annotations,...more
In Georgia v. Public.Resource.Org Inc., in a 5-4 vote, the Supreme Court held that an annotated version of Georgia’s official state law code was not copyrightable and rejected a claim for copyright infringement that Georgia...more
Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more
On April 27, the Supreme Court took us on a stroll down memory lane in its decision in Georgia v. Public.Resource.Org, Inc., referring us back to its very first copyright case and revisiting the government edicts doctrine for...more
The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more
Last week, the Supreme Court held in Georgia v. Public.Resource.Org, Inc., that legislators cannot copyright any works that they created in the course of their official duties. Though the holding may appear straightforward...more
On April 27, 2020, the United States Supreme Court held that annotations in the State of Georgia’s official codes are not eligible for copyright protection. The 5-4 decision marked the first time in over a century that the...more
Revisiting the government edicts doctrine for the first time in more than a century, the U.S. Supreme Court in Georgia v. Public.Resource.Org, Inc., No. 18–1150, 590 U.S. ___ (2020), split 5-4 to hold that annotations to...more
On April 27, 2020, the United States Supreme Court held, in Georgia et al. v. Public.Resource.Org., Inc., in a 5-4 decision, that copyright law does not protect annotations contained in the official annotated compilation of...more
On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more
The US Supreme Court ruled that state governments may not copyright annotated versions of their state’s legal code, saying that as a government edict, such information must be freely available to the public. The Court’s 5-4...more
The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection....more
In a split decision, the Supreme Court of the United States in Georgia v. Public.Resource.Org, Inc. affirmed a previous ruling by the US Court of Appeals for the 11th Circuit and held that annotations to the Official Code of...more
On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more
A divided Supreme Court has held that works authored by legislatures or legislators in their legislative capacity are ineligible for copyright protection (Georgia v. Public.Resource.Org, Inc.). The Copyright Act protects...more