Split of Authority Appeals

News & Analysis as of

Ninth Circuit Holds Class Action Waivers Are Unenforceable

In a strong blow to employers, the Ninth Circuit Court of Appeals recently released its opinion in Stephen Morris, et al. v. Ernst & Young, et al., No. 13-16599, D.C. No. 5:12-cv-04964-RMW (August 22, 2016), holding that...more

Troubled Waters: The Raging Storm Over Safe Harbors

Two United States courts recently issued decisions involving the scope of the Bankruptcy Code’s safe-harbor provision in section 546(e) related to avoidance actions. In one, in the Second Circuit, the court took a broad...more

Seventh Circuit: Section 546(e) Safe Harbor Does Not Shield From Avoidance Transfers Made Through Financial Institution Conduits

In FTI Consulting, Inc. v. Merit Management Group, LP, the Seventh Circuit recently held that transfers are not protected under the safe harbor of section 546(e) of the U.S. Bankruptcy Code from fraudulent transfer and other...more

Justices Receive Another Petition on Surcharge Laws

Could the U.S. Supreme Court take up the issue of state surcharge laws? The plaintiffs challenging the Texas law banning surcharges on credit card purchases certainly hope so, having filed a certiorari petition in Rowell v....more

A Look at an Insured's Post-Loss Duty to Cooperate: Exactly How Much Cooperation is Necessary?

The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to abide with the policy’s cooperation clause, a condition precedent to filing suit.  See Wu v. Safeco...more

The Enforceability of Anti-Oral Variation Clauses

A recent ruling sets a precedent that no longer allows a contractual clause that purports to preclude variation other than in writing to be regarded as uniformly enforceable. In a recent case concerning the breach of an...more

Things Are Not Always What They Appear in UK Commercial Contracts

Anti-oral variation clauses do not prohibit oral variation. The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd (“Globe Motors”) recently provided much overdue clarification on the...more

Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold that Class/Collective Action Waivers in...

The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with...more

Second Circuit Highlights Splits on Nominative Trademark Fair Use

The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more

Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards

Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than...more

HHS Psychiatric Hospital Reimbursement Methodology Upheld

On December 29, 2015 the U.S. Court of Appeals for the District of Columbia rejected a challenge to a psychiatric hospital's pre-PPS Medicare reimbursement. Washington Regional Medicorp v. Burwell, No. 1:13-cv-00622 (D.C....more

Ninth Circuit Blesses Iskanian

On September 28, 2015, the Ninth Circuit Court of Appeals issued a 2-1 decision in the long-awaited case of Sakkab v. Luxottica Retail North America, Inc. (No. 13-55184, D.C. No. 3:12-cv-00436-GPC-KSC) (“Sakkab”). The Court...more

Second Circuit Splits With Fifth Circuit Setting Up Possible Supreme Court Review: Are Internal Whistleblowers Protected Under...

On September 10, 2015, a divided panel of the Second Circuit issued an opinion in Berman v. Neo@Ogilvy LLC, No. 14-4626 (2nd Cir. Sept. 10, 2015), creating a split with the Fifth Circuit on an issue that has also divided...more

CMS's "At a Collection Agency" Bad Debt Policy - Confusion Continues

As we reported in previous Payment Matters articles, the United States District Court for the District of Columbia has issued inconsistent opinions regarding Medicare's policy not to allow bad debt when that bad debt is still...more

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Recent Eleventh Circuit Decision Subjects Debt Collectors to FDCPA Liability for Filing Proofs of Claim as to Time-Barred Debts

Debt collectors filing bankruptcy proofs of claims in the Eleventh Circuit should take caution, as they will now be subject to the Fair Debt Collection Practice Act, 15 U.S.C. §§ 1692-1692p (FDCPA). In Crawford v. LVNV...more

Appeals Court Decision Creates Circuit Split and Confusion Surrounding Post-Settlement Appeals of Class Certification Denials

If a court denies class certification, may the named plaintiff settle the case while still keeping the class certification issue alive for appeal? The recent decision in Ruppert v. Principal Life Insurance Company, No....more

Supreme Court Decides Kloeckner v. Solis

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

Supreme Court Clarifies Appeals Rights For Federal Employees

On December 10, 2012, the Supreme Court handed down a critical victory to federal employees in a highly technical case. This decision now gives federal employees a simpler and less confusing process for appealing...more

Product Liability Law Medical Device Law Update: December 2012 - “A State of Profound Uncertainty”: The Crisis in Pennsylvania

Since the mid-1960s, Pennsylvania has adhered to the strict liability tenets of section 402A of the Restatement (Second) of Torts. Its version of strict liability had a number of unique features, including the determination...more

20 Results
|
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×