vLex United States
Court finds commercial fishing fee differential constitutional
The 9th Circuit Court has reversed a decision in favor of commercial fisherman regarding a nonresident fee differential for commercial fishing licenses. The Court found that the law was not a violation of the Privileges and Immunities Clause as the fee schedule was closely related to a substantial reason for the law. See Decision.
Jan 20, 2017 4:31 PM
Employer “carve out law” improper, Court rules
A federal appeals court has ruled that a California law which was enacted with the purpose of helping a worker union in lawsuits that are filed against their employers was improper. The law with the “carve outs” removes a safe harbor option for certain employers with pending litigation. The Court felt that the only reason for the “carve out” exceptions was to get support from the United Farm Workers for the legislation. Thus, the Court found that due to this justification the “carve outs” were in violation of the Equal Protection Clause. See Decision.
Jan 20, 2017 4:28 PM
CA Supreme Court finds employers can have no control over employees on breaks
The California Supreme Court has reversed a lower court decision and found that the Labor Code of California rest periods which are “on-call.” This means that employers must not give employees any duties nor have any control over employees while they are on their breaks. See Decision.
Jan 20, 2017 4:27 PM
3rd Circuit clarifies those who can sue for age discrimination
The 3rd Circuit Court has ruled regarding age discrimination suit. The Court found that a worker who is in their 50s can sue for age discrimination when there is a policy at their employer which inadvertently affects them disproportionately from employees who are in their 40s. See Decision.
Jan 20, 2017 4:25 PM
Case dismissed against Chicago, citing attempt to get larger payout through class action settlement
The 7th Circuit Court has dismissed a class action case against Chicago City which alleged that the city violated property interests. The Court found that it was not likely that there were many other similar plaintiffs in the same position. The Court found instead that the attorney on the case was trying to get a large settlement payout through the filing of a class action. See Decision.
Jan 20, 2017 4:22 PM
Executive Office issues memo on agency response to breach of information risks
The executive office of the President has released a memorandum setting the policy for federal agencies in responding to breaches of personally identifiable information (PII.) The policy focuses on assessing and mitigating risks and guidance for those agencies on providing notification to those who are affected by the breach. See Memorandum.
Jan 20, 2017 4:21 PM
DOL has filed suit against Oracle America for refusal to cooperate with compliance review
The United States Department of Labor has filed a lawsuit against Oracle America Inc. claiming that the company uses discriminatory practices regarding their pay schedules for white males and female African American or Asian employees. The suit was filed against the company after they refused to cooperate with an equal employment opportunities compliance review. See Complaint.
Jan 20, 2017 4:19 PM
Judge denies petition to overturn ruling of defense secretary regarding Guantanamo Bay prisoner
A United States District Court Judge has issued an opinion declining to take action which would overturn a Defense Department decision. The Defense Department had determined that they will continue the detention of Sufyian Barhoumi. Barhoumi had originally had repatriation granted, but that was overturned in a ruling by the defense secretary. The judge found that the defense secretary had the authority to continue the sentence in Guantanamo Bay. See Decision.
Jan 20, 2017 4:11 PM
GM agrees to $1million settlement
General Motors has agreed to pay a $1 million penalty as settlement for charges that internal accounting methods prevented the company from determining the impact on financial statements that a defective switch would have. The faulty switch is responsible for hundreds of deaths and injuries. See Settlement.
Jan 20, 2017 4:09 PM
Jan 20, 2017 12:02 PM
Jan 20, 2017 12:02 PM
NotiSur - South American Political and Economic Affairs
Issue number #26-2 (January 2017) of publication NotiSur - South American Political and Economic Affairs is now available
Jan 20, 2017 12:02 PM
Court says minimum wage proposal must be put to vote
The Supreme Court of Missouri has issued an opinion requiring there to be a minimum wage proposal on the next state vote. There was contention as the proposal would require a higher minimum wage in Kansas City and it was contended that this would contradict state law. The Court found that there was no precedent to preclude the issue as being potentially unconstitutional. See Decision.
Jan 19, 2017 11:37 PM
DHS settles discrimination claims brought against Secret Service
The United States Department of Homeland Security has entered into a settlement agreement regarding claims brought against the Secret Service for racial discrimination. 10 African American agents brought the claims against the Secret Service claiming that discriminatory practices were used in promotions and hiring and also created a hostile work environment. The settlement agreement is for $24 million. See Settlement.
Jan 19, 2017 11:36 PM
Evidence admitted as a hearsay exception still valid as it was not used for the truth of the matter
A burglary conviction is affirmed despite claims of improper admission of evidence. The Court found that evidence of information relating to the subscriber of a cellphone admitted as non-hearsay business record was not improper as the information was not being used as for the truth of the matter asserted. See Decision.
Jan 19, 2017 11:31 PM
Conviction reversed after court disallowed juror questions on involuntary confession
The New York Court of Appeals has reversed a manslaughter conviction citing and abuse of discretion on behalf of the trial court in making the decision not to allow the defense council to question prospective jurors about involuntary confession opinions. See Decision.
Jan 19, 2017 11:29 PM
New trial ordered as prosecutor did not give any non-discriminatory reason for juror exclusion
A new trial has been ordered in the case of a conviction for first-degree robbery. The Court found that a skin color classification is a recognized classification which can allow for challenge of a prosecutor’s peremptory strikes in jury selection. Additionally, the prosecutor did not give an alternative non-discriminatory reason for the exclusion of the juror. See Decision.
Jan 19, 2017 11:23 PM
No right to appeal found regarding CEQA
A California Court of Appeals has found that plaintiffs do not have a right to appeal a decision regarding the California Environmental Quality Act (CEQA) because the qualification of an activity as discretionary does not automatically grant the right to a city council appeal and additionally the plan in question did not qualify as an environmental determination under the city’s municipal code. See Decision.
Jan 19, 2017 11:21 PM
Default judgment in patent infringement case affirmed
The Federal Circuit Court has affirmed the lower court’s default judgment and permanent injunction in favor of plaintiff in a patent infringement case, finding that the Court had properly followed the 5 factor test put forward in Malone v. United States Postal Service in entering the default judgment, and additionally found that the injunction was not over-broad given the circumstances of the infringement. See Decision.
Jan 19, 2017 11:20 PM
Court finds grant of attorney's fees proper under Equal Access to Justice Act
The Court has found that the United States Court of International Trade has not abused its discretion in granting attorney’s fees under the Equal Access to Justice Act in findings regarding whether the position of the government was substantially justified. See Decision.
Jan 19, 2017 11:18 PM
Department of Commerce ruling on unreliable data affirmed
The Federal Circuit Court has affirmed the decision of the United States Department of Commerce regarding the import of paper from Germany. The Department of Commerce found the presented data was unreliable and as such gave adverse inferences against the data. The Court affirmed finding reasonable discretion was used. See Decision.
Jan 19, 2017 11:17 PM
Court affirms withholding of some FOIA documents
In a challenge to the government’s response to withhold certain information from a Freedom of Information Act request, the Court has affirmed some of the withheld documents finding that the document qualified under FOIA exception and that the disclosure of the rulings would reveal information that should be protected under FOIA. See Decision.
Jan 18, 2017 6:55 PM
Music Producer can petition court to reduce sentence for fraud
Charles Huggins has received permission from the Court of Appeals to seek to lower his criminal conviction sentence. Huggins was a music producer who was sentenced to 10 years for wire fraud and conspiracy. Huggins will not be able to petition for his sentence to be lowered. See Decision.
Jan 18, 2017 6:49 PM
California firearm law requiring 10 day wait upheld by Court
The 9th Circuit has upheld a California law which requires a purchaser of a firearm to wait for a period of 10 days between purchase and receipt of the firearm. This law applies even if the purchaser has passed the background check in less than the 10 day period. The Court upheld the law finding that it was a reasonable safety precaution and not in violation of the second amendment. See Decision.
Jan 18, 2017 6:47 PM
Decision affirms IRS child age cap
The Court of Appeals has affirmed the decision of the Internal Revenue Service (IRS) denying a child tax credit for the disabled daughter of the plaintiff who had reached the age cap for claims. The Court found that the Internal Revenue Code was clear in the language and controlled the age cap, and as such the denial of the credit was proper. See Decision.
Jan 18, 2017 6:42 PM
President Obama gives final farewell in Chicago
President Obama gave his farewell speech in Chicago on January 10th. He noted that democracy requires a sense of solidarity; that Americans are all in this together whether they rise or fall. He also stated that in order to continue moving forward it is important to change the hearts of Americans not only the laws that they follow. See Address.
Jan 18, 2017 6:37 PM
Lawsuit dismissed against Usher for copyright claims
The 3rd Circuit Court has dismissed a suit that was filed against popular singer Usher for claims of copyright infringement. The song was written by three different individuals, one of which who sold a nonexclusive license for the use of the song which was adapted to the song Usher used. In dismissing the suit the Court affirmed the lower court decision stating the rule that co-authors of a piece are entitled to joint ownership of the work and thus cannot sue each other for infringement. See Decision.
Jan 18, 2017 6:34 PM
FTC files antitrust complaint against Qualcomm
The Federal Trade Commission (FTC) has filed a complaint against Qualcomm alleging antitrust violations. The FTC alleges that monopolies that are owned by the Qualcomm Corporation allow them to adjust the prices. Additionally the policy that the company has nicknamed “no license- no chips” will essentially have the effect of removing the last competitors from the market. See Complaint.
Jan 18, 2017 6:30 PM
President Obama finishes term with more commuted sentences
In his last few days as President of the United States, President Obama has continued his work in commuting sentences. With recent commutations the President’s total count is now above 1,000, making this the most commuted sentences ever issued by a United States President. See Notice.
Jan 18, 2017 6:28 PM
Court grants review to BIA as conviction was vacated
The Court of Appeals has granted the petition of review from a Board of Immigration Appeals decision. The Court decided to grant the review as the conviction which was the basis for the defendant’s removal had been vacated, and additionally, the Notice of Removal that was served did not list a deferred adjudication program as a reason for removal. See Decision.
Jan 18, 2017 6:21 PM