News & Analysis as of

Due Process

DC Court Weighs Whether Bristol-Myers Squibb Applies To Class Actions In Whole Foods Case

by Carlton Fields on

The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more

A District Attorney May Employ Outside Counsel on a Contingent Fee Basis - Ninth Circuit Opinion in Unfair Competition Suit...

by Best Best & Krieger LLP on

The District Attorney of Trinity County filed a civil action under California’s Unfair Competition Law, alleging deceptive marketing and sales practices. The action sought an injunction, restitution, attorney fees and civil...more

Judge Rules that Seattle Cannot Require Landlords to Rent to First Qualified Applicants

by Weiner Brodsky Kider PC on

A trial judge in King County Washington Superior Court recently ruled that the City of Seattle may not enforce a “first in time” law, which required landlords to rent their property to the first qualified applicant, even if...more

Fifth Circuit Provides Relief for Providers Facing Medicare Appeal Backlogs

by Jones Day on

The U.S. Court of Appeals for the Fifth Circuit has provided some relief to health care providers seeking to stop Medicare from "recouping" alleged overpayments before the provider can obtain a hearing before an...more

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

by Polsinelli on

On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s...more

Court Finds Jurisdiction to Bar Recoupment Associated with Pending Claims Appeal

by Baker Ober Health Law on

On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in...more

Fifth Circuit: District Courts Have Jurisdiction to Halt Medicare Recoupments Pending Administrative Appeal to Prevent Procedural...

by Arnall Golden Gregory LLP on

Medicare’s implementation of post-payment review through private contractors who are overly aggressive in denying payments, combined with an ineffective review process at the first two levels of administrative appeal...more

No Second Chance on Remand for Late Arguments

Dell Inc. v. Acceleron, LLC (“Dell II”), No. 2017-1101 (Fed. Cir. Mar. 9, 2018) - On Tuesday, the Federal Circuit issued a precedential decision affirming the Board’s refusal to consider new arguments that had been made...more

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Delaware District Court Dismisses Appeal by Creditors’ Committee After Case is Converted from Chapter 11 to Chapter 7

The Bankruptcy Code provides for the appointment of a creditors’ committee in chapter 11 bankruptcy cases. See 11 U.S.C. § 1102. There is no parallel provision applicable to chapter 7 cases. When a bankruptcy case is...more

Infrastructure Series: Border Wall Litigation Update

by WilmerHale on

This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more

Presenting IPR Arguments Too Late is, Well, Too Late

In Dell Inc. v. Acceleron, LLC, [2017-1101] (March 19, 2018), the Federal Circuit affirmed the Board’s decision on remand not to consider Dell’s late-presented arguments, rather than giving Acceleron the opportunity to...more

Michigan Court of Appeals Rules Teacher Discipline is a Prohibited Subject of Bargaining

by Clark Hill PLC on

On February 22, 2018, the Michigan Court of Appeals held that Michigan Employment Relations Commission (MERC) properly concluded that the Association’s efforts to arbitrate a grievance over an individual teacher’s discipline...more

Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises...

by McDermott Will & Emery on

On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition...more

Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics!

by Cohen & Gresser LLP on

Oliver Wendell Holmes wrote and said many famous things during his long and illustrious judicial career. One of my personal favorites is: “The life of the law has not been logic, it has been experience.” As I tell my law...more

Voluntary FOIA Exemptions: Aurora Police Lawsuit Provides a Cautionary Tale

by Holland & Knight LLP on

• The Freedom of Information Act (FOIA) officer for the city of Aurora, Ill., released "largely unredacted" documents in response to an incarcerated felon's request for information about the police officers who worked the...more

9th Circuit Affirms FDIC BSA Enforcement Action

by Weiner Brodsky Kider PC on

On March 13, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed an order by the FDIC Board, which found that a California community bank violated the Bank Secrecy Act (BSA) by failing to establish and maintain a...more

Grab The Spotlight In Haste, Repent In Leisure

by SmithAmundsen LLC on

Buried on the third and fourth pages of The Wall Street Journal and my local newspaper recently, I found two interesting business stories. These stories followed much more prominent stories. In the first, the WSJ reported...more

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

Minnesota Supreme Court Requires Payment of Interest to Owner of Unclaimed Property

by Alston & Bird on

On March 7, 2018, the Minnesota Supreme Court issued a decision in Hall v. Minnesota, No. A16-0874, requiring the Minnesota Commissioner of Commerce to pay interest on proceeds from an interest-bearing account while the...more

To Protect and Serve: Privacy Concerns for Public Employers

Do public employees have private lives? In other words, just how much can a public employer base decisions on an employee’s off-duty conduct? The Ninth Circuit, in a recent opinion, disagreeing with both the Fifth and Tenth...more

Significant Opinion Affecting Governmental Employers

North Carolina Supreme Court recognizes a new claim in favor of governmental employees pursuant to the North Carolina Constitution. The North Carolina Supreme Court has recognized a new right pursuant to Article I, Section...more

District Court Overrules Magistrate’s Order Compelling Prior Complaint Information and Related Data in TCPA Class Action

by Dorsey & Whitney LLP on

Quicken Loans scored a victory earlier this week when Judge Steven D. Merryday sustained its objection to a magistrate judge’s order compelling production of every shred of documentation in any form about every do-not-call...more

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Jeena Lee-Walker V. N.Y.C. Dep’t Of Educ. Et Al.: Book Banning And The First Amendment

by Husch Blackwell LLP on

An application for writ of certiorari in the United States Supreme Court was recently filed by Plaintiff Lee-Walker in, Jeena Lee-Walker v. N.Y.C. Dep’t of Educ. et al. Plaintiff teacher filed a lawsuit against her previous...more

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