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Trade Associations Appeals

Lathrop GPM

New Jersey Appellate Court Holds Automotive Retailers Association Has Associational Standing to Assert Claims Under New Jersey...

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A New Jersey appellate court, reversing a summary judgment decision, recently held that the New Jersey Coalition of Automotive Retailers, Inc. (the Coalition) had associational standing to bring an action against Ford Motor...more

Ballard Spahr LLP

Fifth Circuit stays further proceedings in CFPB appeal of summary judgment in lawsuit challenging UDAAP exam manual changes...

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Earlier this month, the CFPB filed a notice with the Texas federal district court that it is appealing to the Fifth Circuit the district court’s order granting summary judgment to a group of trade associations in their...more

Mintz

This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to...

Mintz on

Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more

Holland & Knight LLP

Los Angeles Eviction Moratorium Upheld by Ninth Circuit; Uncertainty Continues

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A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more

Seyfarth Shaw LLP

Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing

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Overshadowed by the outbreak of the COVID-19 pandemic, Tesla in early March quietly racked up another win that will allow it to continue the direct sale of new motor vehicles to consumers in Virginia. On March 3, 2020, the...more

Nilan Johnson Lewis PA

Federal Courts Turn Away Challenges to FDA's e-Cig Regulations

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On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Hospital Association Fights Changes to Medicaid DSH Payment Rules

For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the...more

Smith Anderson

Federal Court Upholds Rules Prohibiting the Practice of Law by Corporations – Rejecting Attempt by Trade Association to Represent...

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On April 19, the U.S. Court of Appeals for the Fourth Circuit rejected a trade association’s constitutional challenge to the North Carolina rules that prevent corporations from providing legal advice. North Carolina’s...more

Holland & Knight LLP

Florida Agencies Reissue Emergency Generator Rules Pending Ratification of Permanent Rules by the Florida Legislature

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The Agency for Health Care Administration and the Department of Elder Affairs have reissued Emergency Rules 59AER17-1 "Nursing Home Emergency Power Plan" and 58AER17-1 "Procedures Regarding Emergency Environmental Control for...more

WilmerHale

Can an Industry Group Appeal an Unfavorable IPR Decision?

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Patent owners, both those practicing their invention and nonpracticing entities (NPEs), often approach companies they believe are infringing their patent rights. The patent owners threaten lawsuits if the companies do not...more

Perkins Coie

Court Rules Forest Products Industry Group Has Standing to Challenge Critical Habitat Designation

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A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council...more

Knobbe Martens

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

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On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

Proskauer - Minding Your Business

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more

Buchalter

Seventh Circuit Reverses Injunctive Relief for Chiropractic Association

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On October 1, 2015, the United States Court of Appeals for the Seventh Circuit reversed what was previously regarded as a victory for the Pennsylvania Chiropractic Association. The case, Pennsylvania Chiropractic Association...more

McDermott Will & Emery

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

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On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

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