This is the second article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations.
Since the new Title IX regulations were released in May of...more
This is the first article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations.
Since the effective date of the new Title IX regulations last...more
9/2/2021
/ Colleges ,
Educational Institutions ,
Final Rules ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
This time last year, most colleges and universities had just launched new, 2020 regulations-compliant Title IX policy, all while preparing to start a second semester disrupted by a global pandemic. In the year that has...more
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
9/23/2019
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Proposed Regulation ,
Regulatory Oversight ,
Trump Administration ,
Water Pollution ,
Waters of the United States ,
Wetlands
On March 21, 2019, U.S. Magistrate Judge Staci G. Cornelius in the Northern District of Alabama reduced a FCRA plaintiff’s $3 million punitive damages award to less than $500,000. The court held that the multi-million dollar...more
On January 29, 2019, a unanimous three-judge panel of the Ninth Circuit ruled that an employer violated FCRA by providing a background check disclosure form that included information regarding state laws closely related to...more
FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more
Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No....more
A recent case in the District of New Jersey provides a good reminder to be mindful of exclusions to mandatory arbitration provisions. In Webster v. OneMain Financial, Inc., No. CV 18-2711 (JBS/AMD), 2018 WL 6322617 (D.N.J....more
The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little. Soman v. Alameda Health Sys., No. 17-CV-06076-JD, 2018...more
Consumers filed fewer FCRA complaints in September 2018 than they did in August, according to the Association of Credit and Collection Professionals, Oregon, citing a report from WebRecon. FCRA filings declined 21.7% percent...more
The Southern District of Ohio recently came out with another opinion in favor of arbitration provisions. In Fox v. Transunion, 2018 U.S. Dist. LEXIS 183937 (S.D. Ohio Oct. 26, 2018), the plaintiff filed suit alleging that a...more
The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc....more
The Eastern District of Pennsylvania recently denied a motion for summary judgment in a FCRA case, paving the way for the dispute to proceed to trial. In Chiarello v. Trans Union, LLC, No. 2:17-cv-00513-AB, 2018 WL 4698846...more
The Central District of California just issued a summary judgment ruling in case regarding how clear and conspicuous a FCRA disclosure form and authorization must be. In Luna v. Hansen & Adkins Auto Transp., Inc., 313 F....more
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
Would you consider this a “Water of the United States” subject to the Clean Water Act?
Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus...more
Property owners and developers in Maryland have dodged another bullet, at least for now, with respect to their environmental reporting obligations. On October 31, 2014, the Maryland Department of Environment (“MDE”) proposed...more