Code of Federal Regulations

Index

  • Court finds potential tax remedy under certain situations

    The California Court of Appeals found that regarding a refund on taxes paid for lancets and test strips that a remedy may be created if there is no other statutory remedy available, the sought remedy is not inconsistent with current statutory law, and the Board of Equalization has determined that the petitioner is entitled to the refund. See Decision.

    Apr 25, 2017 11:27 PM

  • Court finds striking of jury finding of malice improper

    The California Court of Appeals has reversed in part a finding in favor of plaintiffs, where damages were awarded, bur punitive damages denied in a case alleging elder abuse and violations of patient’s rights. The Court found that the lower court has improperly stricken a jury finding that the defendant had acted with malice. See Decision.

    Apr 25, 2017 11:26 PM

  • Court finds viable discrimination claim regarding gender stereotypes

    The 2nd Circuit Court has reversed a dismissal of claims of discrimination where the employee did not conform to gender stereotypes. The Court found that under current precedent there was a viable claim. See Decision.

    Apr 25, 2017 11:25 PM

  • Petition grant affirmed despite use of "honorably retired" for police officer

    The California Court of Appeals has affirmed a grant of petition for writ of mandate regarding the termination of a police officer where the defendants claimed that the trial court determination of the officer as honorably retired was improper under the statute. See Decision.

    Apr 25, 2017 11:24 PM

  • CA Court finds employees can waive right to second shift meal period

    The California Court of Appeals has reversed a decision in favor of plaintiffs in claims of labor violations where the defendant hospital allowed employees to waive their second meal period on shifts of 12 hours or more. The Court found that under the statute, employees are authorized to waive such a period. See Decision.

    Apr 25, 2017 11:22 PM

  • CA Court finds claims show have been severed, allowing for arbitration

    The California Court of Appeals has reversed an opinion from the lower court, which had found that an arbitration provision is unconscionable. The Court of Appeals found that although the agreement excludes claims arising from a confidentiality agreement that this portion could and should have been severed. See Decision.

    Apr 25, 2017 11:21 PM

  • Decision against Rite Aid after termination of employee with fear of needles overturned

    The 2nd Circuit Court has reversed a decision of the district court denial of a motion of summary judgment in a motion of Rite Aid. The case was filed after Rite Aid fired an employee as he had a fear of needles and could not perform the required duties of providing customers injections. The Court found that the only conclusion to be made was that the employee could not perform an essential function of his employment. See Decision.

    Apr 25, 2017 11:20 PM

  • ERISA claims dismissed due to lack of authority

    The 9th Circuit Court has affirmed the dismissal of claims brought by health care providers who were designated to receive payments from health plan administrations. The Court found that there was no federal authority provided under the Employee Retirement Income Security Act (ERISA) to bring the suit. See Decision.

    Apr 25, 2017 11:12 PM

  • Facebook attempts to appeal fail

    The New York Court of Appeals had decided in an appeal brought by Facebook to quash warrants that were issued for customer information. The Court found that the right of the users is not appealable under the current jurisdiction of the Court and if defendants wish it to be so it would have to be a matter addressed by the legislature. See Decision.

    Apr 24, 2017 10:55 PM

  • Missouri Supreme Court finds probation revocation improper as not all factors were considered

    The Supreme Court of Missouri has issued a final decision regarding a probation revocation after the defendant could not pay all costs associated with his probation. The Court found that the revocation of the probation was improper as the court did not inquire into the reasons that the defendant failed to pay his court costs. See Decision.

    Apr 24, 2017 10:54 PM

  • Arizona governor signs bill increasing penalties for assault on police officers

    Doug Doucey, the governor of Arizona has signed a bill which will make penalties for assaults against police officers a more serious offense. The new bill also makes it not a defense that the police officer was off duty during the assault. See Bill.

    Apr 24, 2017 10:53 PM

  • Complaint filed challenging Presidential permit for Keystone Pipeline

    The Indigenous Environmental Network has filed a complaint challenging action taking by the Trump administration regarding the Keystone Pipeline. The complaint alleges that the Presidential permit to continue the construction was in violation of the National Environmental Policy Act (NEPA) and that environmental reviews of the project were inadequate. See Complaint.

    Apr 24, 2017 10:52 PM

  • 3rd Circuit finds insufficient evidence to support finding of preemption

    The 3rd Circuit Court has vacated a district court decision finding that claims against an osteoporosis drug manufacturer were preempted under the theory that the FDA would not have approved a warning that the plaintiff was arguing necessary. The Court found that there was not sufficient evidence proving entitlement to preemption under such a theory. See Decision.

    Apr 24, 2017 10:51 PM

  • California Senate approves repeal of law promoting cooperation with immigration agencies

    The California Senate has passed legislature which would have the effect of repealing current laws that require disclosure to immigration agencies when individuals are arrested relating to controlled substances charges and there are questions as to whether they are a United States citizen. See Bill.

    Apr 24, 2017 10:50 PM

  • Supreme Court finds sanctions due to bad faith are limited to fees due to that misconduct

    The United States Supreme Court has found that when a federal court sanctions bad faith conduct by ordering one party to pay the legal fees of the other party, that award is limited to the fees that the innocent party incurred solely due to misconduct or due to the bad faith. See Article.

    Apr 24, 2017 10:47 PM

  • Virginia governor commutes death sentence

    The governor of Virginia has commuted the death sentence of inmate Ivan Teleguz, to life imprisonment without parole. Teleguz had been convicted of murder-for-hire in 2001. In his statements, the Virginia governor found that there were flaws in the sentencing of Teleguz. See Notice.

    Apr 24, 2017 10:45 PM

  • Court finds company that re-transmits broadcasts via internet is not eligible for license under Copyright Act

    The 9th Circuit Court has reversed a decision of partial summary judgment in the question of whether an internet company, which re-transmits original works, is able to obtain a compulsory license under the Copyright Act. The Court found that the company was not eligible for such a license as it was not a “cable system” under the meaning of the Act, as such the Court defers to the interpretation of the Copyright Office. See Decision.

    Apr 22, 2017 12:18 AM

  • West Virginia governor vetoes bill which would have changed Workplace Freedom Act

    Governor Jim Justice of West Virginia has vetoed a bill which would have amended the Workplace Freedom Act in the state. The governor felt that as the issue was currently tied up in the court system that changes should not be made immediately by the legislature. See Bill.

    Apr 22, 2017 12:15 AM

  • 5th amendment right waived as part of probation program

    The 4th Circuit Court has found that a defendant waived his right to psychotherapist-patient privilege when, as part of his probation in a previous case to the disclosure of any statements made in his treatment program. As such, the 5th amendment protections did not apply to those statements and there was no error in the district court judgment. See Decision.

    Apr 22, 2017 12:13 AM

  • North Carolina House votes to repeal previous bathroom law

    The North Carolina House has voted approving a bill which will have the effect of repealing previous law requiring bathrooms in government facilities and government run facilities to have facilities for use corresponding to birth gender. See Bill.

    Apr 22, 2017 12:11 AM

  • Court affirms insider trading conviction despite allegations of insufficient evidence

    The 1st Circuit Court has affirmed a trial court decision on a conviction of insider trading, where the defendant had received the information from a fellow country club member, and used the information to make profit on the market. The sentence was affirmed despite the defendant allegations that sufficient evidence was not presented. See Decision.

    Apr 22, 2017 12:10 AM

  • Soccer Association had duty to protect children by conducting background checks

    The 6th District Court of Appeals of California has found that a defendant youth soccer association had a duty to protect the children by conducting criminal background checks on all adults who have contact with children who are in their programs. See Decision.

    Apr 22, 2017 12:09 AM

  • DOJ announces support for law enforcement in Native American tribes

    The Department of Justice has announced statements released by Attorney General, Jeff Sessions, which detail support that will be given for the purpose of maintaining law enforcement and public safety in Indian Country. This includes measures such as information programs and database distribution as well as listening sessions to understand the unique problems and concerns of the tribes. See Press Release.

    Apr 22, 2017 12:08 AM

  • Court reverses summary judgment regarding dispute of franchise damages

    The 4th Circuit Court has reversed a decision of the lower court in favor of summary judgment which had found that there was not sufficient evidence for a finding of damages in a dispute as to the amount of sale of a franchise restaurant. The Court found that there was enough evidence presented on the damages for there to be issues of material fact for trial. See Decision.

    Apr 22, 2017 12:07 AM

  • History of executive orders

    The recent presidential executive orders are not the first time that executive orders have been challenged as an overstep of authority. "The President's order does not direct that a congressional policy be executed in a manner prescribed by Congress--it directs that a presidential policy be executed in a manner prescribed by the President." See Article.

    Apr 20, 2017 10:37 PM

  • New educations reforms will have an effect for Native American communities

    With new education reforms on the horizon, schools of choice will affect many cities and school districts around the country; however Native American education programs will also be affected, particularly as those schools have less local control. See Article.

    Apr 20, 2017 10:35 PM

  • DOJ submits concrete plan regarding international crime organizations

    The Department of Justice (DOJ) has announced that they have proposed concrete ideas to follow up with President Trump’s directives regarding international criminal organizations. The DOJ expresses concerns about sanctuary cities undermining this process and the importance of strengthening border security. See Notice.

    Apr 20, 2017 10:34 PM

  • Customs and Border Protection agency jurisdiction

    The Immigration and Nationality Act has given authority to the Custom and Border Protection agency to operate within a reasonable distance of the borders of the United States. This means that if an individual lives near the border they may be subject check points and interrogations. See Article.

    Apr 20, 2017 10:32 PM

  • Supreme Court finds graphic meets copyright standards

    The Supreme Court has found that in a copyright case for graphics on a cheer leading uniform that a feature is eligible for copyright if it is perceived as a work of art separate from the useful article and would qualify as a protected feature on its own. In the case at hand the cheer leading uniform graphic met these standards. See Decision.

    Apr 20, 2017 10:31 PM

  • Summary judgment affirmed in claims of retaliatory termination

    The 4th Circuit Court has affirmed a grant of summary judgment to defendant-employer after a former employee of a fire department claimed retaliatory termination after the plaintiff exercised 1st amendment speech rights, claiming that the department’s media policy was unconstitutional. See Decision.

    Apr 20, 2017 10:30 PM