Code of Federal Regulations
Notre Dame Law Review
Mar 23, 2019 6:48 PM
Fifth Circuit Finds Directional Drillers Are Independent Contractors
“On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime. In William Parrish, et al. v. Premier Directional Drilling, L.P., No. 17-511089, the Fifth Circuit reversed a trial court decision and rendered judgment in favor of Premier Directional Drilling, L.P. ("Premier"). Following a fact-intensive inquiry, the Fifth Circuit concluded that the directional drillers were not employees and not entitled to overtime under the Fair Labor Standards Act ("FLSA").” See Article.
Mar 22, 2019 8:42 PM
Federal Court reverses decision denying service connection for prostate cancer from chemical exposure during military service
On January 29, the Federal Circuit Court of Appeals reversed the Court of Appeals for Veterans Claims denying service connection for prostate cancer and diabetes mellitus as a result of exposure to an herbicide agent, Agent Orange, during his Vietnam War-era service in the United States Navy. The Federal Court held that the unambiguous language of 38 U.S.C. § 1116 entitles the plaintiff to a presumption of service connection for his prostate cancer and diabetes mellitus. See Decision.
Mar 22, 2019 8:41 PM
Ringgold II: Court Reverses Course On Preliminary Injunction Of Digital Token
“[T]he United States District Court for the Southern District of California previously denied the U.S. Securities and Exchange Commission's (SEC) request for a preliminary injunction against Blockvest, LLC and its founder and chairman Reginald Buddy Ringgold, III (Ringgold). Recently, upon reconsideration, the court changed course, finding that the SEC presented enough facts for the court to preliminarily enjoin Blockvest and Ringgold from further violating Section 17(a) of the Securities Act.” See Article.
Mar 22, 2019 8:39 PM
CO Supreme Court affirms disciplinary decision regarding judge who disclosed vote to third party
On March 11, the Colorado Supreme Court concluded that the Colorado Commission on Judicial Discipline properly found that a Colorado Court of Appeals judge’s comments about a case, disclosing how the court was going to vote, to her romantic-partner were not protected by the First Amendment. See Decision.
Mar 22, 2019 8:38 PM
Trump Weighs In On Electoral College
“President Donald Trump supported the Electoral College amid the ongoing debate about the way the United States elects its presidents. Trump took to his Twitter account late Tuesday to say the Electoral College is "far better for the U.S.A." Trump's opinion has changed over the years as he believed in 2012 the Electoral College was "a disaster for a democracy." However, he talked positively about it after he won the elections in 2016. Trump's comments about the Electoral College came after Massachusetts Sen. Elizabeth Warren, who is running for the 2020 presidential elections, called for ending it in a CNN town hall Monday night.” See Article.
Mar 22, 2019 8:36 PM
Mississippi governor signs abortion legislation
On March 21, the governor of Mississippi signed SB 2116, which prohibits an abortion of an unborn human individual with a detectable heartbeat. The bill is set to take effect July 1, 2019. See Legislation.
Mar 22, 2019 8:36 PM
The Federal Reserve Gives The Stock Market A Pleasant Surprise
“The Federal Open Market Committee (FOMC) concluded its two-day March meeting on Wednesday. Although investors were not expecting any interest rate changes, there were still quite a few things to watch out for -- especially the Fed's long-term economic outlook. After the announcement of the interest-rate decision, along with the FOMC's statement and projections on interest rates and economic indicators, the stock market nearly erased a substantial midday loss, indicating that investors were rather happy with what they heard.” See Article.
Mar 22, 2019 8:34 PM
U.S. Supreme Court: in maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part under certain conditions
On March 19, the U.S. Supreme Court held that “[i]n the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product's users will realize that danger.” See Decision.
Mar 22, 2019 8:33 PM
Diverse Issues in Higher Education
Mar 22, 2019 10:03 AM
Supreme Court Grants Certiorari In Case That Could Increase FDCPA Litigation
“The U.S. Supreme Court on Feb. 25, 2019, granted certiorari in a Fair Debt Collection Practices Act (FDCPA) case involving a legal issue that could dramatically expand the scope of FDCPA liability. The case, Rotkiske v. Klemm, will decide whether the "discovery rule" will apply to toll the one-year statute of limitation that on its face applies to FDCPA claims.” See Article.
Mar 21, 2019 8:55 PM
U.S. Supreme Court: certain immigrants are not entitled to bail hearings
On March 19, the U.S. Supreme Court held that immigrants who have committed certain crimes can be denied bail hearings. See Decision.
Mar 21, 2019 8:53 PM
Virginia General Assembly Approves Emergency Bill To Reverse The Supreme Court Of Virginia's Holding In The Game Place, L.L.C. v. Fredericksburg 35, LLC
“As anticipated, in response to the widely unpopular holding in The Game Place, L.L.C. v. Fredericksburg 35, LLC, 813 S.E.2d 312 (Va. 2018), the governor of Virginia signed a bill on February 13, 2019 removing the previous statutory requirement that a lease of more than five (5) years contain a seal or other statutory seal substitute in order to be enforceable.” See Article.
Mar 21, 2019 8:51 PM
11th Circuit affirms district court’s finding that DACA recipients are not ‘lawfully present,’ a requirement to be admitted to the three most selective schools in Georgia
On March 6, the 11th Circuit Court held affirmed the district court’s find that DACA recipients are not ‘lawfully present’ for purposes of a Georgia Board of Regent’s policy, which requires the three most selective schools in Georgia to verify that students are ‘lawfully present.’ See Decision.
Mar 21, 2019 8:49 PM
Texas High Court Strikes Down Open Meetings Act Provision; New Bill Proposed
“In a split decision, on March 1, 2019, the Texas Court of Criminal Appeals invalidated a significant provision of Texas's Open Meetings Act as unconstitutionally vague. State of Texas v. Doyal. The provision at issue makes it a crime if any member of a governmental body "knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter." Tex. Gov't Code § 551.143(a).” See Article.
Mar 21, 2019 8:46 PM
9th Circuit Court: immigrants seeking asylum entitled to habeas review under certain conditions
On March 7, the 9th Circuit Court held that immigrants seeking asylum are entitled to seek habeas review in federal courts to challenge the legal procedures leading to expedited removal orders. See Decision.
Mar 21, 2019 8:45 PM
Court Allows Secured Creditor To Retain Mortgage Lien After Mistaken Release And Reinstatement Prior To Bankruptcy
“The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.” See Article.
Mar 21, 2019 8:36 PM
FDA proposes new policies aimed at preventing youth access to, and appeal of, flavored tobacco products, including e-cigarettes and cigars
On March 13, the Food and Drug Administration (FDA) proposed “to end current compliance policy as it applies to flavored electronic nicotine delivery system (ENDS) products such as electronic cigarettes (other than tobacco-, mint-, and menthol-flavored products), and prioritize enforcement of such products offered for sale in ways that pose a greater risk for minors to access these tobacco products.” See Press Release.
Mar 21, 2019 8:23 PM
A resource has been added The Energy Journal
Mar 21, 2019 7:17 AM
A resource has been added Strategic Finance
Mar 21, 2019 7:17 AM
A resource has been added Journal of Property Management
Mar 21, 2019 7:17 AM
ITC Permits Addition Of Invalidity Defense Previously Raised By Terminated Respondent
"Administrative Law Judge ("ALJ") McNamara's recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. Respondent Alltrade motioned to file a second amended response to the Complaint and Notice of Investigation. ALJ McNamara granted the motion because she found Complainant SnapPower was already aware of the asserted defenses." See Article.
Mar 20, 2019 8:59 PM
Indiana Supreme Court: 'Free Exemption' of section 36-1-20-5 unconstitutional
On March 15, the Indiana Supreme Court held that the "Fee Exemption," a provision in Indiana Code section 36-1-20-5 that allows certain cities to charge local landlords any amount to register rental properties even though other Indiana localities are limited, is unconstitutional. See Decision.
Mar 20, 2019 8:55 PM
CA governor issues moratorium on the death penalty
Last week, the governor of California, Gavin Newsom issued an executive order putting an executive moratorium on the death penalty, repealing California's lethal injection protocol, and immediately closing the ‘Death Chamber at San Quentin.’ See Executive Order.
Mar 20, 2019 8:54 PM
DOJ Signals Once More That FARA Is An Enforcement Priority
“In another indication of the U.S. Department of Justice's increased focus on the Foreign Agents Registration Act (FARA), Assistant Attorney General John Demers announced  that the Department is overhauling its FARA enforcement unit and would assign a former prosecutor on Special Counsel Robert Mueller's team, Brandon L. Van Grack, to oversee it.” See Article.
Mar 20, 2019 8:53 PM
FL governor signs medical marijuana bill
On March 18, the governor of Florida, Ron DeSantis, signed a medical marijuana bill. The governor noted, in his press release, that over 70% of Florida voters approved of medical marijuana in 2016. See Press Release.
Mar 20, 2019 8:49 PM
PCAOB Amends Process For Appointing And Removing Its Hearing Officers
“On January 29, 2019, the Public Company Accounting Oversight Board (PCAOB or "Board") adopted amendments to its bylaws and rules that make the PCAOB's appointment and removal of its hearing officers subject to the approval of the U.S. Securities and Exchange Commission (SEC). This amendment comes in the wake of the Supreme Court's 2018 holding in Lucia v. SEC that, because the SEC's administrative law judges (ALJs) are "Officers" within the meaning of the Constitution's Appointments Clause, the SEC's commissioners (not staff) must appoint them.” See Article.
Mar 20, 2019 8:46 PM
Arizona Supreme Court: AHCCCS abrogates or creates an exception to Arizona's statutory physician-patient privilege
Earlier this week, the Arizona Supreme Court held that the Arizona Health Care Cost Containment System ("AHCCCS") statutory scheme, A.R.S. §§ 36-2901 to -2999.57, abrogates, or creates an exception to, Arizona's statutory physician-patient privilege, A.R.S. § 13-4062(4), in cases of suspected AHCCCS fraud. See Decision.
Mar 20, 2019 8:09 PM
South Dakota Law Review
Mar 20, 2019 6:47 PM
Fordham Urban Law Journal
Mar 20, 2019 6:47 PM