Code of Federal Regulations

  • Federal Court Holds That New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims Is Invalid

    “In 2018, Governor Cuomo signed a State Budget bill that included various provisions addressing sexual harassment in the workplace. Among those provisions was a prohibition on including in any written contract a clause requiring the submission of sexual harassment claims to arbitration, except where inconsistent with federal law. On June 26, 2019, the U.S. District Court for the Southern District of New York held, in Latif v. Morgan Stanley & Co. LLC, that this New York law prohibiting mandatory arbitration of sexual harassment claims is inconsistent with the Federal Arbitration Act ("FAA") and is therefore invalid.” See Article.

    Jul 19, 2019 9:22 PM

  • Federal Court dismisses antitrust claims, finding Noerr-Pennington doctrines bars the claims

    On July 8 the U.S. District Court for the Southern District of Texas dismissed antitrust claims filed against Easi-Set where Tricon claimed that Easi-Set violated the Texas Antitrust Act and the Sherman Act by “inducing and encouraging” the Texas Department of Transportation to require the taper in design specifications for concrete traffic barriers purchased by Texas government entities. The Court reasoned that “[b]ecause Easi-Set allegedly succeeded in lobbying TxDOT to include the V-shape design in concrete-traffic-barrier specifications, the sham doctrine does not apply, and the Noerr-Pennington doctrine bars the antitrust claims against Easi-Set.” See Decision.

    Jul 19, 2019 9:19 PM

  • Colorado Court Of Appeals Finds Vacation Forfeiture Policy Lawful

    “In a significant decision for employers, a Colorado appellate court recently upheld an employer's policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the Colorado Wage Claim Act.” See Article.

    Jul 19, 2019 9:10 PM

  • Court Compels Arbitration Based on Text Message Agreement

    “A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text.” See Article.

    Jul 19, 2019 9:09 PM

  • Utah Supreme Court: participants in any sport are not liable for injuries caused by their conduct if their conduct was inherent in the sport

    On July 11, the Utah Supreme Court held that “participants in any sport are not liable for injuries caused by their conduct if their conduct was inherent in the sport.” In this case, the Court found that the injuries suffered were inherent in the game of basketball and as such affirmed the grant of summary judgment. See Decision.

    Jul 19, 2019 8:58 PM

  • Minnesota Appellate Court Finds Litigation-Funding Agreement Void and Unenforceable

    “A Minnesota appellate court upheld a trial court's conclusion that a litigation-funding agreement was invalid because it was champertous under Minnesota law, even though there was a New York choice-of-law provision in the agreement, where the agreement would have been valid.” See Article.

    Jul 19, 2019 8:50 PM

  • OH Supreme Court: R.C. 2305.131 applies to any cause of action as long as the cause of action meets the requirements of the statute

    On July 17, the Ohio Supreme Court held that Ohio's construction statute of repose, R.C. 2305.131, as enacted in Am.Sub.S.B. No. 80, 150 Ohio Laws, Part V, 7915, 7937-7938, applies to any cause of action, whether sounding in tort or contract, so long as the cause of action meets the requirements of the statute. See Decision.

    Jul 19, 2019 8:44 PM

  • DC Circuit Denies Petition Challenging Transfer-Based Exclusion under RCRA

    “In what could be the last in the over 30-year line of cases in the District of Columbia Circuit interpreting the Resource Conservation and Recovery Act (RCRA) regulatory definition of solid waste, on July 2, 2019, the D.C. Circuit denied a petition filed by a group of Environmental Petitioners challenging the Transfer-Based Exclusion.” See Article.

    Jul 19, 2019 8:30 PM

  • Insurance Advocate

    Issue number #130-11 (June 2019) of publication Insurance Advocate is now available

    Jul 19, 2019 5:20 AM

  • Strategic Finance

    Issue number #101-1 (July 2019) of publication Strategic Finance is now available

    Jul 19, 2019 5:19 AM

  • Federal Court Denies Motion To Dismiss Section 20A Insider Trading Claims, Finding Plaintiffs Sufficiently Pleaded Scienter Where Allegations Were 'Equally Compelling' As The Opposing Inference

    “On July 1, 2019, Judge Michael A. Shipp of the United States District Court for the District of New Jersey denied a motion to dismiss a complaint alleging insider trading in violation of Section 20A of the Securities Exchange Act of 1934. The complaint asserts the Section 20A claims against a board member of a large pharmaceutical corporation and an investment advisory firm and affiliates co-founded by that board member that traded in the Company's stock. The Court, which had already considered and denied a motion to dismiss the Section 10(b) and Rule 10b-5 claims in a prior ruling, concluded that the complaint adequately alleged Section 20A claims and denied the motion to dismiss.” See Article.

    Jul 18, 2019 9:29 PM

  • 8th Circuit Court: 29 U.S.C. § 216 does not require approval of settled attorney fees

    On June 20, the 8th Circuit Court of Appeals held that any authority for judicial approval of FLSA settlements in 29 U.S.C. § 216 does not extend to review of settled attorney fees and as such “ 29 U.S.C. § 216 does not require approval of settled attorney fees.” See Decision.

    Jul 18, 2019 9:22 PM

  • Joaquin “El Chapo” Guzman sentenced to life imprisonment

    On July 17, Joaquin “El Chapo” Guzman was sentenced by a U.S. District Court judge to “a life term of imprisonment plus 30 years to run consecutive to the life sentence for being a principal leader of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy. The Court also ordered Guzman Loera to pay $12.6 billion in forfeiture.” See Press Release.

    Jul 18, 2019 9:13 PM

  • Supreme Court to Address Whether Copyright Protection Available for Annotated State Code

    “The Supreme Court of the United States granted the State of Georgia’s request to address whether it can claim copyright ownership over annotations made to its official legal code.” See Article.

    Jul 18, 2019 9:11 PM

  • 2nd Circuit upholds NYC ban on ads in for-hire passenger vehicles

    On July 16, the 2nd Circuit Court of Appeals upheld a New York City ban on advertisements in for-hire passenger vehicles, such as Ubers and Lyfts. The Court agreed with the city’s argument that the “ban survives First Amendment scrutiny, notwithstanding the limited taxicab exception, because it directly advances the government's interest in improving the passenger experience and is no more extensive than necessary to advance that interest.” See Decision.

    Jul 18, 2019 8:58 PM

  • Texas Supreme Court Confirms that Industry Customs cannot Qualify Unrestricted Consent to Assign Provisions

    “On June 28, 2019, in Barrow-Shaver Resources Co. v. Carrizo Oil & Gas, Inc., the Texas Supreme Court confirmed that industry customs cannot qualify an unrestricted consent-to-assign provision contained in a farmout agreement, nor is such a provision subject to any implied duty of good faith or fair dealing.” See Article.

    Jul 18, 2019 8:55 PM

  • 9th Circuit Court: insurer breached contract after it denied coverage by defining Hamas' conduct as "war" and "warlike action by a military force"

    On July 12, the 9th Circuit Court held that insurer, Atlantic, breached its contract when it denied coverage by defining Hamas' conduct as "war" and "warlike action by a military force." The Court reasoned that “the specialized meaning of both "war" and "warlike action by a military force" required hostilities to be between either de jure or de facto sovereigns, and Hamas constituted neither.” In this case Universal Cable Productions sought to recover for expenses incurred when they moved production of a television series out of Jerusalem after Hamas fired rockets from Gaza into Israel. Atlantic denied coverage based on the insurance policy's war exclusions. See Decision.

    Jul 18, 2019 8:55 PM

  • Chancery Court Transfers Case Due to a Lack of Jurisdiction

    “In Helix Generation LLC v. Transcanada Facility USA, Inc., et al., C.A. No. 2018-0856-SG, the Delaware Court of Chancery transferred a case brought before it because the case could be heard more efficiently in Superior Court. The Court reaffirmed that it is Court of limited jurisdiction and even if Section 111(a) of the Delaware delegated jurisdiction to the Court, that jurisdiction is discretionary.” See Article.

    Jul 18, 2019 8:54 PM

  • Franchising World

    Issue number #51-6 (June 2019) of publication Franchising World is now available

    Jul 18, 2019 4:49 AM

  • San Fernando Valley Business Journal

    Issue number #24-13 (June 2019) of publication San Fernando Valley Business Journal is now available

    Jul 18, 2019 4:49 AM

  • Plaintiffs Cannot Bring Inverse Condemnation Claims Before a Public Agency Makes a Final Determination on Allowable Development

    “An inverse condemnation challenge to a permit denial is not ripe until the government makes a final determination regarding the scope of allowable development on a plaintiff’s property, the California Court of Appeal held in York v. City of Los Angeles.” See Article.

    Jul 17, 2019 11:42 PM

  • 6th Circuit: Ohio ban prohibiting solicitation with respect to an Ohio worker’s compensation claim or appeal violates the First Amendment

    Recently, the 6th Circuit Court held that a law prohibiting all solicitation, whether oral or written, by any person to represent a party with respect to an Ohio workers' compensation claim or appeal violates the First Amendment. The Court reasoned that “[t]he words in the solicitation ban make no distinction as to how the person doing the soliciting learned of the claimant's information: by its plain terms, the statute bans all solicitation regardless of where or how the claimant's information was obtained.” See Decision.

    Jul 17, 2019 11:35 PM

  • Court of Chancery Addresses Stockholder Standing to Enforce Corporate Contracts, Declines to Dismiss Claim for Breach of Anti-Takeover Protections Akin to Section 203 of the DGCL

    “Ark. Teacher Ret. Sys. v. Alon USA Energy, Inc., C.A. No. 2017-0453-KSJM (Del. Ch. Jun. 28, 2019). Section 203 of the Delaware General Corporation Law, an anti-takeover statute, prohibits a target from entering into a business combination with an acquirer for three years from the date that the acquirer first obtains 15% or more of the target’s stock, unless the target’s board pre-approves the transaction crossing the 15% threshold.” See Article.

    Jul 17, 2019 11:24 PM

  • New rule limiting those who are eligible for asylum in the United States

    On July 17, a new rule was published to the Federal Register “governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States.” The rule states “an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum.” See Decision.

    Jul 17, 2019 10:58 PM

  • Obesity: A New Protected Class In Washington

    “The Washington Supreme Court held for the first time yesterday that obesity is a protected class under state anti-discrimination law (Taylor v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to recent federal court decisions in other parts of the country that have said obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under federal law. The main reason for this distinction is that Washington state disability discrimination law offers broader coverage than the federal Americans with Disabilities Act (ADA).” See Article.

    Jul 17, 2019 10:58 PM

  • Federal Court: WAC Disclosure rule invalid

    On July 8, a federal court declared the ‘WAC Disclosure Rule,’ a rule published by the U.S. Department of Health and Human Services (HHS) requiring drug manufacturers to disclose in any television advertisement the list price-also known as the wholesale acquisition cost-of a 30-day supply of the drug, invalid. The Court found that “HHS lacks the statutory authority under the Social Security Act to adopt the WAC Disclosure Rule. See Decision.

    Jul 17, 2019 10:56 PM

  • SCOTUS Decides Dutra Group v. Batterton

    “On June 24, 2019 the United States Supreme Court issued its decision in this landmark case concerning punitive damages. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit split on this issue. The question presented was whether punitive damages may be awarded to a Jones Act seaman in a personal injury suit alleging a breach of the general maritime duty to provide a seaworthy vessel.” See Article.

    Jul 17, 2019 10:56 PM

  • Connecticut Legislature Modifies Statutes Relevant to Preventing and Treating Opioid Use Disorder

    “On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-191 “An Act Addressing Opioid Use” (PA 19-191). PA 19-191 makes various revisions to Connecticut’s opioid use prevention and treatment statutes, and also creates new legislation pertaining to opioid use prevention and treatment.” See Article.

    Jul 17, 2019 10:54 PM

  • San Fernando Valley Business Journal

    Issue number #24-12 (June 2019) of publication San Fernando Valley Business Journal is now available

    Jul 17, 2019 4:49 AM

  • San Diego Business Journal

    Issue number #40-25 (June 2019) of publication San Diego Business Journal is now available

    Jul 17, 2019 4:49 AM