vLex United States

  • South Dakota Law Review

    Issue number #62-3 (September 2017) of publication South Dakota Law Review is now available

    Jan 17, 2018 11:47 AM

  • Environmental Law

    Issue number #47-4 (September 2017) of publication Environmental Law is now available

    Jan 17, 2018 11:47 AM

  • William and Mary Law Review

    Issue number #59-1 (October 2017) of publication William and Mary Law Review is now available

    Jan 17, 2018 11:47 AM

  • Church & State

    Issue number #70-10 (November 2017) of publication Church & State is now available

    Jan 17, 2018 11:47 AM

  • Defense Transportation Journal

    Issue number #73-6 (December 2017) of publication Defense Transportation Journal is now available

    Jan 17, 2018 11:47 AM

  • Franchising World

    Issue number #49-12 (December 2017) of publication Franchising World is now available

    Jan 17, 2018 11:46 AM

  • New Hampshire Business Review

    Issue number #39-27 (December 2017) of publication New Hampshire Business Review is now available

    Jan 17, 2018 11:46 AM

  • Los Angeles Business Journal

    Issue number #39-52 (December 2017) of publication Los Angeles Business Journal is now available

    Jan 17, 2018 11:46 AM

  • Arkansas Business

    Issue number #34-52 (December 2017) of publication Arkansas Business is now available

    Jan 17, 2018 11:46 AM

  • IRS Extends Distribution Deadline for ACA Reporting

    “Following the old "better late than never" axiom, the IRS recently announced that once again it would be extending the distribution (but not filing) deadline for the Affordable Care Act (ACA) reporting requirements set forth in Sections 6055 and 6056 of the Internal Revenue Code.” The new deadline to distribute forms to employees and covered individuals is March 2, 2018 and the deadline to file with the IRS is February 28, 2018 (for paper) and April 2, 2018 (for electronic). See Article.

    Jan 16, 2018 9:50 PM

  • Dismissal of case after attorney was late was too extreme of a sanction

    The 2nd Circuit Court has found that the district court’s dismissal of a case after the plaintiff’s counsel failed to appear at a court-scheduled conference was an extreme sanction and not warranted in this case, “especially in that the Plaintiffs were not the offenders.” The Court found that “a lesser sanction-a sanction falling on the offending attorney, rather than on the client-would have been sufficient to vindicate the misconduct, and that the sanction of dismissal of the Plaintiffs' case with prejudice was beyond the scope of the district court's permissible discretion.” See Decision.

    Jan 16, 2018 9:49 PM

  • Federal Judge Denies Injunction, Leaving Trump Appointee Mick Mulvaney Head of CFPB

    “Mick Mulvaney, President Donald J. Trump's choice to head the Consumer Financial Protection Bureau until a permanent director can be appointed, will remain in place as Acting Director of the Bureau, following a ruling by Judge Timothy J. Kelly of the U.S. District Court for the District of Columbia on Tuesday denying a motion for a temporary restraining order ("TRO") filed by Leandra English, the hand-picked choice of outgoing CFPB Director Richard Cordray.” See Article.

    Jan 16, 2018 9:48 PM

  • MA Supreme Court: "serious bodily harm" under G.L.c. 119, § 54 does not contemplate harm to animals

    The Massachusetts Supreme Court has found that under the youthful offender statute, G.L.c. 119, § 54, the term “serious bodily harm” contemplates harm only to human beings, not to animals. See Decision.

    Jan 16, 2018 9:47 PM

  • Defendants Cannot Take Discovery of FERC’s Decision Not to Pursue Enforcement Cases Against Other Market Participants

    “One of the big Federal Energy Regulatory Commission (FERC) Enforcement litigation developments of the past two years has been the federal judiciary's rejection of the agency's de novo review position in electricity market manipulation cases.” Recently, “a federal court in the long-running DALRP matter ruled that one type of discovery the defendants sought (which defendants in other enforcement cases have also sought) would not be allowed: discovery into FERC's decisions both to investigate and to decline to pursue enforcement actions against other market participants who may have engaged in similar conduct as the defendants.” See Article.

    Jan 16, 2018 9:46 PM

  • U.S. House votes to extend Foreign Intelligence Surveillance Act

    The United States House of Representatives has voted in favor of a bill that will extend the Foreign Intelligence Surveillance Act for 6 years from the previous expiration date which was December 31, 2017, making the new expiration date December 31, 2023. See Bill.

    Jan 16, 2018 9:45 PM

  • The Federal Circuit Criticizes a PTAB Partial Institution

    “The PTAB's practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute ("SAS"). On December 5, 2017, the week after the Supreme Court arguments, the Federal Circuit issued an opinion taking the PTAB to task for a partial institution, but not for the reasons SAS argued to the Court. In CFRD Research, Inc. v. Joseph Matal, the Federal Circuit issued an opinion regarding three separate IPRs instituted on U.S. Patent No. 7,191,233.” See Article.

    Jan 16, 2018 9:44 PM

  • Bankruptcy Court finds chapter 7 debtor may not retain mobile how with security interest without redeeming the property or reaffirming the debt

    The U.S. bankruptcy Court for the Western District of Texas has found that a chapter 7 debtor may not retain a mobile home subject to a security interest without redeeming the property or reaffirming the debt. The Court found that “Debtors must select between surrender, redemption, or reaffirmation, as they are the only options available under § 521(a)(2).” See Decision.

    Jan 16, 2018 9:22 PM

  • The Humanist

    Issue number #78-1 (January 2018) of publication The Humanist is now available

    Jan 16, 2018 11:46 AM

  • Indefiniteness Standard Less Strict Where Claim Term Does Not Concern Point of Novelty

    “Addressing indefiniteness under Nautilus, the US Court of Appeals for the Federal Circuit reversed a district court's finding that the claim term "effective for catalyzing" was indefinite even though the claim did not specify a way of measuring or a standard for determining ‘effectiveness.’” See Article.

    Jan 15, 2018 8:52 PM

  • 4th Circuit overrules district court dismissal of overtime claims brought under FLSA

    The 4th Circuit Court has reversed the district court dismissal of Fair Labor Standards Act (FLSA) claims, where the plaintiffs were direct sales managers for Schmidt Baking Co. However, the plaintiffs were often required to perform deliveries when various operators were unable to complete them. The Court found that “Professional motor carriers, like Schmidt Baking Company, generally are exempt from the FLSA's requirement that employers pay "overtime" wages for hours worked in excess of 40 hours per week. However, Congress recently waived this exemption for motor carrier employees whose work, in whole or in part, affects the safety of vehicles weighing 10, 000 pounds or less. Upon our review, we conclude that the plaintiffs fall within the group of employees protected by the above waiver and, thus, are entitled to overtime wages for hours worked in excess of 40 hours per week.” See Decision.

    Jan 15, 2018 8:51 PM

  • Delaware Supreme Court Reverses Dell Appraisal Award

    “On December 14, the Delaware Supreme Court reversed a Chancery Court decision that had found the "fair value" of Dell shares in the 2013 MBO by Michael Dell and Silver Lake to be about 28% more than the final negotiated deal price. The Supreme Court found instead that, based on the facts in the record with respect to the company and the transaction process, the deal price ‘deserved heavy, if not dispositive weight.’” See Article.

    Jan 15, 2018 8:45 PM

  • Major NLRB Decisions Affect All Employers

    “On December 14, 2017, the Board issued a new standard for determining if a work rule maintained by an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) in Boeing Company. The decision overrules the Board's prior decision in Lutheran Heritage Village-Livonia... Under the Board's new test, when evaluating a facially neutral policy, rule or handbook that, when reasonably interpreted, would potentially interfere with the exercise of NLRA rights, the Board will evaluate two things: (1) the nature and extent of the potential impact on NLRA rights and (2) legitimate justifications associated with the rule.” See Article.

    Jan 15, 2018 8:44 PM

  • New York City mayor signs legislation on bathroom changing station equality

    The mayor of the City of New York, Bill de Blasio has signed legislation that will require diaper changing stations in public restrooms regardless of gender. The legislation will apply to all new or significantly renovated public buildings within the city. See Statement.

    Jan 15, 2018 8:42 PM

  • Illinois Appellate Court Overturns Tax Tribunal Ruling for the First Time

    “On December 29, 2017, the Illinois Appellate Court issued a ruling reversing the decision of the Illinois Independent Tax Tribunal in Waste Management of Ill., Inc. v. Ill. Independent Tax Tribunal. This is the second appellate court to consider a Tax Tribunal ruling, and the first to overturn a decision of the Tribunal. The appellate court overturned the Tribunal's grant of summary judgment in favor of the Illinois Department of Revenue and held that for the time periods at issue, the Motor Fuel Tax Law did not impose tax on compressed natural gas.” See Article.

    Jan 15, 2018 8:41 PM

  • Maryland Court of Appeals: county can rescind approval of municipality's re-zoning of annexed land

    The Maryland Court of Appeals has found that a county can rescind its approval of a municipality’s re-zoning of annexed land. In the case at hand, the county had waived the five-year delay required when an individual seeks to change the use of the land to one that is “substantially different” than that authorized under the county zoning applicable to the property prior to annexation. However, the county rescinded that waiver before any development had been undertaken. See Decision.

    Jan 15, 2018 8:35 PM

  • Federal Circuit Strikes Down Statute Banning Scandalous and Immoral Trademarks

    “In a widely anticipated decision, the Federal Circuit [] in In re Erik Brunetti, held that a provision of the Lanham Act barring "scandalous" or "immoral" trademark registrations violated the First Amendment. The Federal Circuit's decision follows the Supreme Court's June 2017 First Amendment decision in Matal v. Tam unanimously striking down the Lanham Act's "disparagement clause," which prohibits federal registration of trademarks disparaging persons, institutions, beliefs or national symbols.” See Article.

    Jan 15, 2018 8:34 PM

  • Arizona Supreme Court rejects constitutional challenge to H.B. 2010

    The Supreme Court of Arizona has rejected a constitutional challenge to H.B. 2010. This expanded coverage under Arizona’s indigent health care program and provided in A.R.S. § 36-2901.08(A) that the director of AHCCCS "shall establish, administer and collect an assessment" from Arizona hospitals to fund remaining costs. The Court held that “the hospital assessment is not subject to article 9, section 22 of the Arizona Constitution, which generally requires that acts providing for a net increase in state revenues be approved by a two-thirds vote in each house of the legislature. This requirement does not apply to statutorily authorized assessments that "are not prescribed by formula, amount or limit, and are set by a state officer or agency." Ariz. Const. art. 9, § 22(C)(2).” See Decision.

    Jan 12, 2018 8:03 PM

  • Federal Circuit Recognizes a Broad Scope of Attribution Under the Doctrine of Divided Infringement

    “In a recent decision, Travel Sentry, Inc. v. Tropp, the US Court of Appeals for the Federal Circuit reaffirmed its interpretation of the doctrine of divided infringement articulated in Akamai Technologies, Inc. v. Limelight Networks, Inc. In Travel Sentry, the Federal Circuit rejected the district court's more narrow interpretation, made under the earlier standards in BMC Resources, Inv. v. Paymentech, L.P. and Muniauction, Inc. v. Thomson Corp., and vacated the court's summary judgment of non-infringement.” See Article.

    Jan 12, 2018 8:02 PM

  • U.S. Department of Education Issues Findings in Texas IDEA Monitoring

    On January 11, the Dept. of Ed. Released findings of “monitoring activities relating to Texas Education Agency's (TEA) compliance with the Individuals with Disabilities Education Act (IDEA). This comes after the Office of Special Education Programs (OSEP) at the Department initiated monitoring following reports about the significant decline in the number of children identified as children with disabilities eligible for special education and related services in Texas.” The report finds 3 specific areas where TEA failed to comply with Federal law. See Press Release.

    Jan 12, 2018 8:01 PM

  • Dedmon Decided: The Destiny of ‘Reasonable’ Medical Expenses in Tennessee Revealed

    “In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns supreme. Under it, the high court held, ‘plaintiffs may submit evidence of the injured party's full, undiscounted medical bills as proof of reasonable medical expenses." "[D]efendants,’ on the other hand, ‘are precluded from submitting evidence of discounted rates accepted by medical providers from the insurer to rebut the plaintiffs' proof.’” See Article.

    Jan 12, 2018 8:00 PM