Code of Federal Regulations

  • Reason

    Issue number #50-2 (June 2018) of publication Reason is now available

    May 19, 2018 10:46 AM

  • Journal of Environmental Health

    Issue number #80-10 (June 2018) of publication Journal of Environmental Health is now available

    May 19, 2018 10:46 AM

  • Hawaii Supreme Court: extended term of sentences illegal because it was a judge, not a jury, who made the required findings

    A defendant pled guilty to multiple cases and was sentenced to extended term sentences in Hawaii. He subsequently filed a petition for post-conviction relief pursuant to Hawaii Rules of Penal Procedure (HRPP) Rule 40, arguing that his sentence was illegal because a judge, not a jury, found a relevant fact used to enhance his sentence in violation of Apprendi v. New Jersey. The Hawaii Supreme Court found that the defendant’s extended term sentences were imposed in an illegal matter because it was a judge, and not a jury, that made the required finding that the defendant’s extended term sentence was necessary for the protection of the public. See Decision.

    May 18, 2018 7:20 PM

  • Victory for States Rights in Regulating Sports Betting

    “On May 14, 2018 the Supreme Court of the United States released its decision in Murphy v. National Collegiate Athletic Association. This decision invalidates the key Federal prohibition on State-authorized sports gambling businesses, the Professional and Amateur Sports Protection Act (PASPA). Under PASPA, except in connection with very narrow exemptions, States could not authorize entities to operate, sponsor, or advertise betting, gambling, or wagering businesses that were based on sporting events. The Court invalidated PASPA because it unconstitutionally regulated that which a State could regulate in violation of our system of "dual sovereignty," which reserves for the States certain rights to regulate themselves free from Federal intervention.” See Article.

    May 18, 2018 7:18 PM

  • 9th Circuit Court: Copyright Act does not expressly authorize animals to file copyright infringement suits

    The 9th Circuit Court has affirmed the district court’s dismissal of claims brought by a monkey, where the monkey had taken a “selfie” using an individual's camera. The Court found that while the monkey had standing under Article II of the U.S. Constitution, he lacked statutory standing to claim copyright infringement of the photographs because “the Copyright Act does not expressly authorize animals to file copyright infringement suits.” See Decision.

    May 18, 2018 7:17 PM

  • Broker-Dealer Settles State Law Action Concerning Non-Exempt Securities

    “A broker-dealer agreed to settle charges with various state securities authorities following an investigation led by state securities regulators in Massachusetts and Alabama. The investigation concerned deficiencies relating to the sale of unregistered, non-exempt securities to customers. As a condition of the settlement, the broker-dealer will buy back affected securities from investors and pay civil penalties, which could total more than $26 million.” See Article.

    May 18, 2018 7:15 PM

  • California bill SB 785 sent to governor's office

    On May 15, California's SB 785 was sent to the governor’s office for signing. This bill “would prohibit the disclosure of a person’s immigration status in open court by a party unless that party requests an in camera hearing and the presiding judge determines that the evidence is admissible. This bill would apply this prohibition to criminal actions.” See Bill.

    May 18, 2018 7:15 PM

  • Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

    “The Federal Circuit [] in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to a foreign defendant in any district. In so doing, the court found that recent amendments to the venue statutes did not change the conclusion in Brunette and rejected the argument that the patent venue statute should apply to foreign defendants.” See Article.

    May 18, 2018 7:14 PM

  • Washington Supreme Court: RCW 4.28.080(7)(a) provides the exclusive means of service on authorized foreign insurers

    The Washington Supreme Court considered a certified question that arose from a dispute between two authorized foreign insurers. Ohio Securities tried to service Axis at it’s office in Chicago, IL. The U.S. District Court for the Western District of Washington certified the question asking whether “Washington law establishes service through the Washington State Insurance Commissioner (Insurance Commissioner) as the exclusive means of service for authorized foreign insurers in Washington.” The Washington Supreme Court answered in the affirmative, stating that “RCW 4.28.080(7)(a) provides the exclusive means of service on authorized foreign insurers.” See Decision.

    May 18, 2018 7:13 PM

  • 1st Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with Disabilities Act

    “Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court's decision in favor of the employer in a lawsuit alleging violations of the Americans with Disabilities Act (ADA), finding that the plaintiff, an assistant manager, was not a "qualified individual" under the ADA based on his inability to work rotating shifts, since the ability to work rotating shifts was an essential job function of the assistant manager position. The Court of Appeals further found that a temporary accommodation, which permitted the plaintiff to work a fixed schedule, did ‘not mean that [the employer] conceded that rotating shifts was a 'non-essential' function.’” See Article.

    May 18, 2018 7:13 PM

  • Directors & Boards

    Issue number #42-3 (March 2018) of publication Directors & Boards is now available

    May 18, 2018 10:46 AM

  • 8th Circuit, Applying Lewis v. Scotttrade, Dismisses State Law Claims Under SLUSA

    “On May 10, 2018, the Unites States Court of Appeals for the Eighth Circuit affirmed the dismissal of putative class actions against TD Ameritrade, Inc. and certain related entities and individuals, asserting violations of various state laws including breach of defendant's uniform client agreement, fraud, negligent misrepresentation, breach of fiduciary duty, and violations of the Nebraska Consumer Protection Act…The Court held that the ‘best execution’ allegations were effectively claims of misrepresentations or omissions in connection with the purchase or sale of covered securities and were therefore precluded by the Securities Litigation Uniform Standards Act (SLUSA).” See Article.

    May 17, 2018 9:43 PM

  • Maryland governor signs SB 1028

    The governor of Maryland has signed SB 1028. This legislation prohibits “certain mental health or child care practitioners from 5 engaging in conversion therapy with individuals who are minors; providing that a 6 certain mental health or child care practitioner who engages in conversion therapy 7 with an individual who is a minor shall be considered to have engaged in 8 unprofessional conduct and shall be subject to discipline by a certain licensing or 9 certifying board.” See Bill.

    May 17, 2018 9:42 PM

  • State Plans Must Abide: Fed-OSHA Fixes Alleged ‘Error’ and Mandates Electronic Reporting of Injuries and Illnesses in All State Plan States

    “On April 30, the Occupational Safety and Health Administration (Fed-OSHA) reversed course and issued a press release announcing that employers in all state-plan states must implement Fed-OSHA's new electronic record-keeping and reporting rule.” See Article.

    May 17, 2018 9:41 PM

  • The Federal Court Clarifies the Effect of Reexamination on Equitable Estoppel and Laches

    “The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of reexamination on equitable estoppel and laches. In John Bean Technologies Corporation v. Morris & Associates, Inc., the Federal Circuit held that District Court abused its discretion applying equitable estoppel to bar John Bean Technologies Corp.'s ("John Bean") infringement action without considering the impact of an intervening ex parte reexamination on the claims of the asserted patent.” See Article.

    May 17, 2018 9:40 PM

  • Senate votes in favor of S.J.Res.52

    On May 16, the Senate voted, passing S.J.Res.52, which provides for “congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to ‘Restoring Internet Freedom’.” See Resolution.

    May 17, 2018 9:38 PM

  • New York Court Applies the HEAR Act, Orders Return of Nazi-Looted Art

    “The decision in Reif v. Nagy, Sup. Ct. N.Y. City, April 5, 2018, has wide-ranging implications for litigation relating to art that was lost or stolen in the Holocaust. Justice Ramos of the Commercial Division of the Supreme Court granted summary judgment directing that two artworks looted by the Nazis during the Holocaust be returned to their true owners. This is a landmark decision and the first to truly rely on a new piece of legislation, the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act).” See Article.

    May 17, 2018 9:38 PM

  • District Court Holds that Distributor Relationships Alone Do Not Establish Venue

    “A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships. Given the defendant's lack of physical presence in the district, Chief Judge Lee Rosenthal granted defendant's motion to transfer venue…In its April 17, 2018 order, the Court distinguished between the type of distribution centers discussed in In re Cray and the distribution centers used by PowerBass. In re Cray stated that the physical presence requirement is met if a defendant uses an employee's home "like a distribution center." Here, PowerBass's distributors are not employees of PowerBass. The Court held that, because there is "no record evidence that PowerBass owns, leases, or controls the third-party distributors in the Houston area," PowerBass did not have the necessary regular and established place of business in the Southern District of Texas for purposes of venue.” See Article.

    May 17, 2018 9:34 PM

  • Alaska Business Monthly

    Issue number #34-5 (May 2018) of publication Alaska Business Monthly is now available

    May 17, 2018 10:46 AM

  • Corrections Today

    Issue number #80-3 (May 2018) of publication Corrections Today is now available

    May 17, 2018 10:46 AM

  • Maine Supreme Court vacates arson conviction, finding violation of collateral estoppel component of double jeopardy

    The Maine Supreme Court has vacated the arson conviction of John Weckerly after finding that the lower court’s admission of evidence of crimes of which he was acquitted in a prior trial violated the collateral estoppel component of double jeopardy. See Decision.

    May 16, 2018 7:32 PM

  • Kansas Enacts Captive Insurance Act

    “On April 12, 2018, Kansas Governor Jeff Colyer signed into law SB 410- a bill establishing the Captive Insurance Act, which creates two new types of captives - branch and special purpose - and specifies the regulatory structure for each. The bill also raises the minimum capital and surplus requirements a pure captive insurance company must possess and maintain from $100,000 to $250,000.” See Article.

    May 16, 2018 7:30 PM

  • 9th Circuit Court: under Fed.R.Civ.P. 37, a party's counsel may be sanctioned for making no effort to ensure that its witness attends the deposition

    The 9th Circuit Court has held that “under Fed.R.Civ.P. 37's general discovery enforcement provisions, a court can order a party to produce its non-party expert witness at a deposition, and if the party makes no effort to ensure that its witness attends the deposition, sanction the party's counsel when the witness fails to appear unless the failure to produce the expert ‘was substantially justified or other circumstances make an award of expenses unjust.’” See Decision.

    May 16, 2018 7:30 PM

  • Implementing Bayh-Doyle Act Updates

    The updated Bayh-Doyle Act regulations took effect as of May 14, 2018. Authors Julie Watson and Pamela Cox discuss the “key steps federal funding recipients will want to take to comply with the new rule and those licensing federally funded technology will want to know.” See Article.

    May 16, 2018 7:27 PM

  • Montana Supreme Court applies the definition of "physician" from EBI/Orion Grp. v. Blythe

    The Montana Supreme Court has reversed a grant of summary judgment entered by the Workers’ Compensation Court on the issue of whether a chiropractor may make a medical determination regarding a claimant’s 1991 work-related injury. The Montana Supreme Court held that the definition of physician to be applied to the claim in this case was the one provided in EBI/Orion Grp. v. Blythe. The Court stated that the “Workers' Compensation Court correctly followed our most recent holding on the issue, but reversal is required because our over-broad analysis in Fleming was in error.” See Decision.

    May 16, 2018 7:26 PM

  • Eastern District of New York Grants Summary Judgment to Debt Collector in ‘Current Account Balance’ Case

    “On March 22, 2018, the Eastern District of New York granted summary judgment to a collection agency in a "current account balance" case. Specifically, the Court found no violation of the FDCPA because in its letter the debt collector did not have to notify the consumer that her balance may increase and the creditor was appropriately identified.” See Article.

    May 16, 2018 7:17 PM

  • 9th Circuit Finds Evidence at Class Certification Not Required to be Admissible

    “In a 28-page opinion, a panel of the Ninth Circuit overturned a district court's denial of class certification, in part, because the lower court required supporting evidence to be admissible...The Ninth Circuit panel prefaced its review of the district court's determination with the comment: "We have never equated a district court's 'rigorous analysis' at the class certification stage with conducting a mini-trial." The panel supported this statement by noting that a certification order was "preliminary" and under Rule 23(c)(1)(C) could be "altered or amended before final judgment." Consequently, ‘[t]he court's consideration should not be limited to only admissible evidence.’” See Article.

    May 16, 2018 7:16 PM

  • NJ Assembly passes S2313

    As of April 12, the New Jersey Assembly passed S 2313. This bill establishes a zero-emission certificate program for nuclear power plants that meet certain conditions.

    May 16, 2018 7:15 PM

  • Florida Commercial Lease Sales Tax Rate Further Reduced

    “Governor Rick Scott signed Senate Bill 620 into law, further reducing the State of Florida's sales tax rate on rental payments for the lease of commercial real property. Effective January 1, 2019, the sales tax rate for such rental payments will be reduced from 5.8% to 5.7% for rental payments received for occupancy periods beginning on or after January 1, 2019. This will be second reduction in the last two years.” See Article.

    May 15, 2018 7:32 PM

  • New York’s Highest Court Rejects ‘Unavailability of Insurance Exception’ Under ‘Pro Rata Time on the Risk Allocation’

    “On March 27, the New York Court of Appeals unanimously ruled that under a "pro rata time on the risk allocation," insurers are not liable for years outside their policy periods when there was no insurance available to the insured in the marketplace.” See Article.

    May 15, 2018 7:31 PM