News & Analysis as of

Civil Procedure Constitutional Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Supreme Court agreed to hear the appeal from the D.C. Circuit of Raymond J. Lucia Companies on the question of whether the Constitution’s Appointments Clause applied to SEC ALJs. While the Court will presumably resolve...more

Notice - It's What's Required

The U.S. Constitution guarantees due process before a person can be deprived of life, liberty, or property. The Administrative Procedure Act (APA) enforces the due process protection in the USPTO and Board proceedings. Under...more

States Support Plaintiffs Lawsuit that Prop 65 Warning for Products Containing Glyphosate Violates First Amendment

by Bergeson & Campbell, P.C. on

On January 2, 2018, State Attorneys General from eleven states (Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, North Dakota, Oklahoma, South Dakota, and Wisconsin) (collectively the States) filed a friend of the...more

PTAB Strategies and Insights - January 2018

The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

D.C. Circuit Finds Dissemination, but Not Mere Existence, of Inaccurate Information in Government Database Satisfies Article III...

by Reed Smith on

“[I]f inaccurate information falls into a government database, does it make a sound?” Partly affirming summary judgment for the defendant in Owner-Operator Indep. Drivers Ass’n, v. DOT, No. 16-5355 (D.C. Cir. Jan. 12, 2018),...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Supreme Court to Decide Who Can Appoint ALJs

The Supreme Court of the United States, on Friday, January 12, 2018, agreed to decide whether the former practice of the Securities and Exchange Commission (SEC) of having its chief judge appoint administrative law judges...more

PTAB Finds that Suing in Federal Court Waives Sovereign Immunity

by Knobbe Martens on

On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more

U.S. Court of Appeals upholds per-election contribution limits

by Bricker & Eckler LLP on

In Holmes v. FEC, the U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected an argument that the Federal Election Campaign Act’s (FECA) base limits on individual contributions to candidates violated...more

The Supreme Court Agrees To Review Appointment Requirements For SEC's In-House Judges

by Shearman & Sterling LLP on

On January 12, 2018, the U.S. Supreme Court granted certiorari in Lucia v. Securities and Exchange Commission, No. 17-130, agreeing to resolve a circuit split regarding the appointment process for Securities and Exchange...more

The Data Breach Legal Limbo On Consumers’ Ability To Sue Hacked Companies

by Ifrah PLLC on

The first of the year is a good time to makes assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data...more

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

Standing to Sue under the Fair and Accurate Credit Transactions Act after Spokeo

by K&L Gates LLP on

After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap

by Carlton Fields on

The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more

California Class Actions: 2018 Update

I. TWO SCOTUS DECISIONS THAT MATTERED - A. Litigation Tourism, Type 1: Bristol-Myers Squibb. - If you are sued by a “litigation tourist” in a class or mass action and suit is not brought in your home state, you now...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

PTAB Deals A Crippling Blow To Sovereign Immunity

by Morrison & Foerster LLP on

Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow. Although Judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a...more

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

by Ballard Spahr LLP on

A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

December 2017: Energy Litigation Update

Recent Federal Decisions on the Constitutionality of State Power-Plant Subsidies. Given an absence of a federal scheme to subsidize power plants that may provide certain benefits (like low carbon emissions) that are not fully...more

Second Department Affirms Commercial Division Decisions Leaving Withdrawing LLC Members Without Compensation for Their Membership...

In Matter of Jacobs v. Cartalemi, No. 2016-05041, 2017 BL 435890 (2d Dep’t Dec. 6, 2017) (“Jacobs I”), a unanimous Appellate Division, Second Department panel affirmed an order by Westchester County Commercial Division...more

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