vLex United States
Qualified immunity may apply in case of workplace death
A judgment denying qualified immunity for county health workers in the death of a man due to workplace mold has been overturned. The Court found that the denial of qualified immunity was improper as it was not clearly established that the state danger doctrine applied to the physical conditions in the workplace. See Decision.
Dec 9, 2016 10:57 PM
Jersey City found to be acting as a regulator in tax suit
Jersey City had enacted a regulation which gave certain tax exemptions to developers of new properties if they agreed to enter into binding agreements with labor unions. The lower court had dismissed the claims stating that the city was acting as a market participant rather than regulator; however, the Court of Appeals reversed that decision finding instead that the city was acting as a regulator and allowing the claims against it to proceed. See Decision.
Dec 9, 2016 10:56 PM
EPA wins permit challenge in California lumber mill
The judge ruled in favor of the Environmental Protection Agency recently in a challenge to the EPA’s decision to issue a permit to build a power plant in a California lumber mill. The court found that the EPA did not act arbitrarily or capriciously in their decision granting the permit. See Decision.
Dec 9, 2016 10:54 PM
Class action against IBM dismissed
An investor class action lawsuit which was filed against IBM has been dismissed. The lawsuits were filed after IBM announced that it would be paying a different company to take over the production and sales of a microchip that was not meeting expected revenues. The judge dismissed the allegations that IBM had improperly inflated the value of the modes of production of the chip in question. See Decision.
Dec 9, 2016 10:52 PM
Jessie J wins infringement claims against song "Domino"
The Circuit Court has decided on an appeal on a copyright infringement decision. The Court affirmed the lower court decision which dismissed the action as the plaintiff had not provided evidence of the copyright infringement. The case was based on the hit song “Domino” by Jessie J and alleged that she had stolen a melody from another song for the use in her song. See Decision.
Dec 9, 2016 10:51 PM
LRA official brought before ICC
A man who is accused of being an official in the Lord’s Resistance Army from Uganda has been brought before the International Criminal Court. The Court has brought charges against him for war crimes and general crimes against humanity. Dominic Ongwen plead not guilty to the charges put against him before the court. See Article.
Dec 9, 2016 10:49 PM
Release of Guantanamo Bay prisoner
The Department of Defense has announced that they will be transferring Guantanamo Bay prisoner, Shawqi Awad Balzuhair from Guantanamo Bay to Cape Verde. The review of the prisoner found that his continued detention was no longer required to protect against security threats against the United States. See Press Release.
Dec 9, 2016 10:48 PM
Supreme Court rules for Samsung, against Apple
The Supreme Court has ruled in the case of Samsung and Apple on patent infringement claims. The Supreme Court decided unanimously in favor of Samsung. The argument was on the meaning of the Patent Act 289 and the court found that they act referred to articles of manufacture as individual components of that products as well as the product itself. See Decision.
Dec 9, 2016 10:46 PM
FAA regulations on commercial drones
The FAA has issued guidance of drone use. The guidance would affect drones that are used for business purposes. They also provide that all of the drones can only be operated during daylight hours and that they be registered with the FAA. Other guidelines include rules such as maximum heights and speeds for the drones. See Regulation.
Dec 9, 2016 12:20 AM
Not enough evidence in antitrust action against Time Warner
The Court has dismissed a complaint that was filed against Time Warner for a policy which required customers to use cable boxes provided by the company for a fee in order to receive certain programs. The complaint, which had alleged violations of the Sherman Act, was dismissed. The Court found that there was not ample evidence to show the defendant company’s market power in that product. See Decision.
Dec 9, 2016 12:18 AM
CVS vitamin action is not preempted by federal law
The Court of Appeals has found that a complaint against CVS for allegedly misleading information printed on vitamin labels should not have been dismissed. The Court found that the lower court had erroneously determined that the action was preempted by federal law. See Decision.
Dec 9, 2016 12:16 AM
Amendment proposed to do away with Electoral College
A Democratic Representative has proposed an amendment to the constitution which would do away with the Electoral College. The proposal seeks to change the law to that the new president is directly elected by popular vote. The Representative alleges that the reasons for the establishment of the Electoral College no longer apply in modern society. See Proposal.
Dec 9, 2016 12:15 AM
US approves continued sanctions against Iran
On December 1st the United States Senate has passed an act that would put economic sanctions against the country of Iran. This is the extension of the previous bill which had been imposed against Iran previously. See Bill.
Dec 9, 2016 12:14 AM
Michigan in the process of re-counting ballots
Michigan District court judge has ordered a recount to be conducted. The order came after delays due to objections on the recount. This reduced the amount of time that is available for the recount to be completed. See Decision.
Dec 9, 2016 12:12 AM
Medical research Act approved by US House
The United States House of Representatives has approved and Act which is designed to stimulate medical advancements. The Act covers many sections of medical research and approval including changing the wait times on approving new drugs and additional resources into the research of cancer. See Act.
Dec 9, 2016 12:11 AM
Void contract section which prohibit negative review for customers
A new bill has passed Congress which acts to void contract sections that prohibit customers for posting reviews about products they have purchased. This bill provides that the Federal Trade Commission will be responsible for the enforcement. However, the bill only covers consumer contracts and does not cover employee contracts. See Bill.
Dec 9, 2016 12:09 AM
Planned Parenthood files suit challenging abortion laws
A suit has been filed on behalf of Planned Parenthood and other groups which challenges the constitutionality of several states abortion laws. The suit challenges laws which restrict the time frame of abortions and also restrict the type of centers which can provide the abortions. See Decision.
Dec 9, 2016 12:08 AM
IRS can serve summons to Coinbank
California District Court has ruled that the Internal Revenue Service can serve a digital summons to Coinbase. This summons allows the IRS to receive information on transactions completed by the company’s customers from 2013 to 2015. The judge found that there was a reasonable basis for the IRS to believe that the customers had not followed the proper tax laws. See Decision.
Dec 9, 2016 12:06 AM
Dec 8, 2016 11:32 AM
North Carolina ordered to re-draw their voting districts
The District Court of North Carolina has ordered the state to re-draw their congressional districts and hold a special primary election before fall 2017. The court had found that there was racial gerrymandering requiring the districts to re-configure. See Decision.
Dec 7, 2016 10:25 PM
Settlement has been approved in death of Tamir Rice
An Ohio judge has approved a settlement between the city of Cleveland and the family of Tamir Rice. Rice was a juvenile who was shot and killed by police officers. The settlement calls for the city to pay $6 million to the boy’s family. See Settlement.
Dec 7, 2016 10:24 PM
Suspension for out of school activities upheld
The Court of Appeals has decided on a decision which challenged the validity of a school suspension for events that occurred off of the school premises, as being in violation of the first amendment. The Court found that the plaintiff’s arguments were not valid and that the suspension for sexual harassment was a valid action. Additionally the student did not have a protected interest in a clean school record without the suspension on it. See Decision.
Dec 7, 2016 10:21 PM
Restitution okay, even after plea agreement
The Court of Appeals has found that the order of restitution after a plea agreement was not in violation of law. The defendant was charged with transporting illegal aliens and had caused damages to a rental car. The Court found that the relationship between the transportation of the illegal aliens and the damages was not too distant and that restitution damages to the rental car company were proper. It did not matter that the plea agreement did not make mention of the restitution. See Decision.
Dec 7, 2016 10:19 PM
Federal privilege should apply as claim has both state and federal claims
The 9th Circuit has ruled regarding an action that was brought to enforce a previously agreed upon settlement agreement. The Court of Appeals found that the privilege law which should apply is federal law and not state law as the settlement procedure and negotiations had been about both federal and state law claims. See Decision.
Dec 7, 2016 10:18 PM
Judgment determine insurance not liable for violations of TCPA
A judgment of a class action brought against a company for the unsolicited sending of fax messages has been reached. The sending of the messages was found to be in violation of the Telephone Consumer Protection Act (TCPA). The Court found that the liable company’s insurance provider was not liable for the $2 million judgment as the violations of the TCPA was not part of the insurance policy held. See Decision.
Dec 7, 2016 10:16 PM
No job duties exception under Whistleblower Protection Act
The 1st Circuit has overruled a decision by the lower court regarding the application of the Maine Whistleblowers Protection Act. The Appeals Court found that there was no job duties exception present under the Whistleblower Act. Thus the grant of summary judgment which was granted by the lower court to the defendants is reversed where the plaintiffs alleged that the defendants fired them illegally according to the Act. See Decision.
Dec 7, 2016 10:13 PM
DEA to schedule drug Kratom
The Drug Enforcement Agency has announced plans to schedule the drug Kratom. The drug will be placed into Schedule I of the Controlled Substances Act. The Agency found that the drug was a high risk for abuse as it produced opiate type effects. Additionally, there is no current, approved medical or prescription use for the drug. See Decision.
Dec 7, 2016 10:11 PM
Label & Narrow Web
Dec 7, 2016 11:32 AM
San Fernando Valley Business Journal
Dec 7, 2016 11:32 AM
Los Angeles Business Journal
Dec 7, 2016 11:32 AM