vLex United States
Supreme Court rules on proper review forum of MSPB mixed cases
The Supreme Court has held that the proper review forum when the Merit Systems Protection Board (MSPB) dismisses a mixed case on jurisdictional grounds is the district court. A mixed case is one where a federal employee complains “of a serious adverse employment action and attributes the action, in whole or in part, to bias based on race, gender, age, or disability.” See Decision.
Jul 24, 2017 9:09 PM
Supreme Court interprets two provisions of the Biologics Price Competition and Innovation Act
The Supreme Court has held that (1) "a biosimilar applicant is not required to provide its application and manufacturing information to the Reference Product Sponsor" and (2) "a biosimilar applicant may only provide its 180-day notice of commercial marketing after the FDA has licensed the biosimilar." See Article.
Jul 24, 2017 9:05 PM
Preliminary injunction against Mississippi statute reversed
The 5th Circuit Court of Appeals has reversed a preliminary injunction that was issued against Mississippi Statute HB 1523. The statute provides that the state will not take discriminatory action against “persons who act in accordance with certain beliefs in an enumerated set of circumstances” and continues to list 3 such circumstances including that “Marriage is or should be recognized as the union of one man and one Woman.” The Court found that the plaintiffs could not “show ‘injury in fact’ resulting from the action which they seek to have the court adjudicate.” See Decision.
Jul 24, 2017 8:58 PM
Court affirms dismissal of Wyandot Nation of Kansas tribe claims of breach of trust
The 1st Circuit Court has affirmed the decision of the Court of Federal Claims regarding allegations of breach of trust and fiduciary obligations with respect to two trusts of the Wyandot Nation of Kansas tribe. The Court affirmed the decision dismissing the claims for lack of jurisdiction and standing. The Court reasoned “that tribal recognition is within the primary jurisdiction of Interior and that we thus cannot inde-pendently make a determination of the effects of the various treaties or resolve the various conflicting legal and factual contentions about whether, apart from the Interior determination, Wyandot Nation is a federally recognized Indian tribe.” See Decision.
Jul 24, 2017 8:56 PM
Court finds Tax Court did not have jurisdiction
The 9th Circuit Court has affirmed a decision of the Tax Court finding a lack of jurisdiction. The plaintiff had argued that his limited liability company (LLC) was a small partnership not subject to the audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). The Court “held that entities that are disregarded for federal tax purposes may nevertheless constitute pass-thru partners under 26 U.S.C. § 6231(a)(9), such that the small-partnership exception under § 6231 does not apply and the partnership is therefore subject to the TEFRA audit procedures.” Also, jurisdiction was lacking as a party, other than a partner, had filed the petition for readjustment of partnership items after the partnership had timely done the same. See Decision.
Jul 24, 2017 8:45 PM
Supreme Court finds defendant was prejudiced by his counsel's erroneous immigration advice
The Supreme Court has found that a defendant, originally from South Korea and in United States as a permanent resident, was prejudiced by his counsel’s erroneous advice. His attorney had assured him he would not be deported as a result of pleading guilty to possessing ecstacy with intent to distribute, which constitutes an aggravated felony under the Immigration and Nationality Act, 8 U. S. C. §1101(a)(43)(B). The Court found that “Lee's claim that he would not have accepted a plea had he known it would lead to deportation is backed by substantial and uncontroverted evidence.” See Decision.
Jul 24, 2017 8:42 PM
Fraud claims against Royal Bank of Scotland dismissed
The 2nd Circuit Court has affirmed the dismissal of fraud claims that were filed against the Royal Bank of Scotland by a group of “hotel-related businesses.” The Court affirmed the district court ruling finding that the plaintiffs had “failed to list their cause of action in a schedule of assets” in their bankruptcy proceeding and as such did not have standing to bring the claim and were barred by judicial estoppel. See Decision.
Jul 24, 2017 8:36 PM
New Jersey governor signs Personal Information and Privacy Protection Act
The governor of New Jersey, Chris Christie has signed bill “Personal Information and Privacy Protection Act” which restricts the collection and use of personal information by retail establishments for certain purposes. The bill limits the situations in which retail establishments can scan a identification card and limits retention and dissemination of the information to third parties. See Bill.
Jul 24, 2017 8:35 PM
Business North Carolina
Jul 22, 2017 11:16 AM
Court finds defendant established prima facia retaliation case against employer
The 9th Circuit Court has reversed a district court grant of summary judgment in favor of employer-defendant against allegations of termination due to discrimination. The Court found that the defendant had established a prima facie retaliation case and a presumption of unlawful retaliation. Additionally, making reinstatement conditional on proof of employment eligibility would violate California public policy. See Decision. (labor, discrimination,
Jul 21, 2017 10:07 PM
Majority of convictions for unauthorized disclosure of defense information affirmed against Jeffery Sterling
The 4th Circuit Court has affirmed in part the conviction of Jeffery Sterling for unauthorized disclosure of national defense information. The Court affirmed all charges against sterling, with the exception of “unauthorized disclosure to a reporter of a letter relating to a classified program.” In that conviction, the Court found that the government failed to prove proper venue. See Decision.
Jul 21, 2017 10:06 PM
Supreme Court delivers win for class action defendants in Microsoft
“The United States Supreme Court held that class action plaintiffs cannot obtain an immediate appeal as of right from the denial of class certification by voluntarily dismissing their individual claims…The "dismissal device" undermines the final-judgment rule, undermines the discretion given to the courts of appeals by Rule 23(f), and violates principles of fairness because it is available only to class action plaintiffs.” See Article.
Jul 21, 2017 10:03 PM
Court finds statute of limitations extentions
The 9th Circuit Court has affirmed a district court judgment finding valid two statute of limitations extensions valid. The defendant had been charged in relation to a tax fraud scheme, and had signed two extensions, later claiming that those extensions were invalid because he was under duress and his tax advisor had a conflict of interest. The Court found that “an alleged third-party conflict of interest, without more, does not vitiate the individual consent personally executed by the taxpayer.” See Decision.
Jul 21, 2017 10:01 PM
Supreme Court finds no compensable taking in Wisconsin law prohibiting separate sale
The Supreme Court has affirmed a state court decision finding that plaintiffs did not establish a compensable taking, nor been deprived of all economically beneficial use of their property. The plaintiffs had argued that a Wisconsin law, which had prevented the separate sale of two adjacent lots due to the size of the lot, constituted a taking. See Decision.
Jul 21, 2017 9:57 PM
Court strikes AG brief citing deficiencies in jurisdictional statement
Chief Judge Woods of the 7th Circuit Court has issued an opinion on the “dis-tressing number of briefs” filed which do not comply with the Federal Rules of Appellate Procedure regarding jurisdictional statements. The opinion particularly addressed that the appellee cannot “simply assume that the appellant has provided a jurisdictional statement that complies with the rules.” After review of procedural rules, the Court ordered Attorney General Sessions brief stricken, and ordered a new brief to be filed within 7 days. See Decision.
Jul 21, 2017 9:55 PM
CA Court finds no discrimination in refusal to rescind resignation
The California Court of Appeals has found in favor of employer Southern California Permanente Medical Group (SCPMG) against allegations of Fair Employment and Housing Act (FEHA) violations. The plaintiff-employee alleged violations after SCPMG refused to rescind her resignation after she resigned while suffering a ““temporary” disability, which arose as a result of a “relatively uncommon side effect of the medication” she was taking.” The Court found that the refusal to rescind the resignation was not an adverse employment action under FEHA and the plaintiff “failed to present evidence raising a triable issue of material fact about the legality of SCPMG’s actions.” See Decision. (labor, employment, California)
Jul 21, 2017 9:54 PM
Court reverses ITC decision on term "virtually free from interference"
The 1st Circuit Court has reversed a decision of the International Trade Commission, which had found that in a patent dispute, the term “virtually free from interference” was indefinite and as such invalidated the patent claims filed against Sony for a wireless digital audio system design. The Court found that “the term “virtually free from interference,” as properly interpreted in light of the specification and prosecution history, would inform a person of ordinary skill in the art about the scope of the invention with reasonable certainty.” See Decision.
Jul 21, 2017 9:53 PM
Jul 21, 2017 10:47 AM
Journal of Pan African Studies
Jul 21, 2017 10:47 AM
Los Angeles Business Journal
Jul 21, 2017 10:46 AM
San Diego Business Journal
Jul 21, 2017 10:46 AM
Supreme Court finds defendant's ineffective assistance of counsel claim lacking
The Supreme Court has affirmed the finding that Kentel Myrone Weaver, who was convicted of murder, was not entitled to relief despite his motion for a new trial alleging ineffective assistance of counsel. Weaver argued that he received ineffective assistance through his lawyer’s failure to object to the courtroom closure during jury selection. The Court found that Weaver did not argue structural error and in his argument for ineffective assistance, he did not show a reasonable probability of a different outcome due to his attorney’s failure to object. See Decision.
Jul 20, 2017 10:22 PM
Court finds CA traffic violation of fleeing from a police officer not a crime of moral turpitude
The 9th Circuit Court has granted a petition for review of a Board of Immigration Appeals’ decision finding that a fleeing from a police officer conviction was a crime of moral turpitude. The Court found that under California Vehicle code “an individual can be convicted under subsection (b) for eluding police while committing three traffic violations that cannot be characterized as "vile or depraved." See Decision.
Jul 20, 2017 10:21 PM
Volvo ordered to pay after violations of ADA and USERRA
The Northern District Court of Illinois has ordered Volvo Group America to pay “$141,388.53 in back pay, $84,131.92 in front pay, $41,348.61 in other employment-related compensation, $8,546.10 in prejudgment interest, and $275,415.16 in liquidated damages.” This order follows a jury finding Volvo guilty of violations of the Americans with Disabilities Act (ADA) and the Uniformed Service Employment and Reemployment Rights Act (USERRA.) See Decision.
Jul 20, 2017 10:13 PM
Supreme Court grants partial stay of injunction regarding Executive Order 13780
On June 26, 2017 the United States Supreme Court granted certiorari to review challenges to Executive Order 13780, Protecting the Nation From Foreign Terrorist Entry Into the United States. The Court additionally granted requests for stay of injunctions in part, stating, “We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.” See Decision.
Jul 20, 2017 10:12 PM
Pennsylvania Supreme Court finds state have role of trustee with regards to public natural resources
The Pennsylvania Supreme Court has found that the state cannot “approach our public natural resources as a proprietor, and instead must at all times fulfill its role as a trustee.” The Court found that two sections, 1602-E and 1603-E are facially unconstitutional as they would permit the trustee to use trust assets for non-trust purposes. See Decision.
Jul 20, 2017 9:56 PM
4th Circuit suppresses evidence from "unreasonably prolonged" stop
The 4th Circuit Court has affirmed a district court order granting a motion to suppress evidence seized during a traffic stop. The defendant was stopped originally for a minor traffic violation. The first officer, not finding justification for vehicle search, radioed to police in a different city further along the route, suggesting they should stop him and search with a dog. The Court found that in the first stop, the defendant was “unreasonably prolonged in violation of the Fourth Amendment.” The second stop followed directly from a constitutional violation and thus was “fruit of the poisonous tree.” See Decision.
Jul 20, 2017 9:54 PM
FEC statement regarding alleged foreign interference in American elections
The Federal Election Commission (FEC) has released a statement regarding “Discussion of Commission’s response to the alleged foreign interference in American elections.” In that statement, Vice Chair Caroline C. Hunter states the Commission is not “not aware of any information suggesting that the current regulatory prohibition on foreign nationals’ involvement in U.S. elections is inadequate to detect, enforce, and punish violations, such that additional regulations are necessary.” See Statement.
Jul 20, 2017 9:52 PM
Supreme Court affirms murder conviction despite claims of withheld evidence
The Supreme Court has affirmed the convictions of several defendants for the kidnaping, robbery and murder of a female victim. The Court found that the defendant’s claims of withheld evidence which should have been considered under Brady v. Maryland were dismissed. The Court found that, “the withheld evidence is not material under Brady.” The standard being “evidence is 'material' . . . when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.” See Decision.
Jul 20, 2017 9:51 PM
Diverse Issues in Higher Education
Jul 20, 2017 10:46 AM