Code of Federal Regulations

Index

  • Business North Carolina

    Issue number #37-5 (May 2017) of publication Business North Carolina is now available

    Jul 22, 2017 11:16 AM

  • Court finds defendant established prima facia retaliation case against employer

    The 9th Circuit Court has reversed a district court grant of summary judgment in favor of employer-defendant against allegations of termination due to discrimination. The Court found that the defendant had established a prima facie retaliation case and a presumption of unlawful retaliation. Additionally, making reinstatement conditional on proof of employment eligibility would violate California public policy. See Decision. (labor, discrimination,

    Jul 21, 2017 10:07 PM

  • Majority of convictions for unauthorized disclosure of defense information affirmed against Jeffery Sterling

    The 4th Circuit Court has affirmed in part the conviction of Jeffery Sterling for unauthorized disclosure of national defense information. The Court affirmed all charges against sterling, with the exception of “unauthorized disclosure to a reporter of a letter relating to a classified program.” In that conviction, the Court found that the government failed to prove proper venue. See Decision.

    Jul 21, 2017 10:06 PM

  • Supreme Court delivers win for class action defendants in Microsoft

    “The United States Supreme Court held that class action plaintiffs cannot obtain an immediate appeal as of right from the denial of class certification by voluntarily dismissing their individual claims…The "dismissal device" undermines the final-judgment rule, undermines the discretion given to the courts of appeals by Rule 23(f), and violates principles of fairness because it is available only to class action plaintiffs.” See Article.

    Jul 21, 2017 10:03 PM

  • Court finds statute of limitations extentions

    The 9th Circuit Court has affirmed a district court judgment finding valid two statute of limitations extensions valid. The defendant had been charged in relation to a tax fraud scheme, and had signed two extensions, later claiming that those extensions were invalid because he was under duress and his tax advisor had a conflict of interest. The Court found that “an alleged third-party conflict of interest, without more, does not vitiate the individual consent personally executed by the taxpayer.” See Decision.

    Jul 21, 2017 10:01 PM

  • Supreme Court finds no compensable taking in Wisconsin law prohibiting separate sale

    The Supreme Court has affirmed a state court decision finding that plaintiffs did not establish a compensable taking, nor been deprived of all economically beneficial use of their property. The plaintiffs had argued that a Wisconsin law, which had prevented the separate sale of two adjacent lots due to the size of the lot, constituted a taking. See Decision.

    Jul 21, 2017 9:57 PM

  • Court strikes AG brief citing deficiencies in jurisdictional statement

    Chief Judge Woods of the 7th Circuit Court has issued an opinion on the “dis-tressing number of briefs” filed which do not comply with the Federal Rules of Appellate Procedure regarding jurisdictional statements. The opinion particularly addressed that the appellee cannot “simply assume that the appellant has provided a jurisdictional statement that complies with the rules.” After review of procedural rules, the Court ordered Attorney General Sessions brief stricken, and ordered a new brief to be filed within 7 days. See Decision.

    Jul 21, 2017 9:55 PM

  • CA Court finds no discrimination in refusal to rescind resignation

    The California Court of Appeals has found in favor of employer Southern California Permanente Medical Group (SCPMG) against allegations of Fair Employment and Housing Act (FEHA) violations. The plaintiff-employee alleged violations after SCPMG refused to rescind her resignation after she resigned while suffering a ““temporary” disability, which arose as a result of a “relatively uncommon side effect of the medication” she was taking.” The Court found that the refusal to rescind the resignation was not an adverse employment action under FEHA and the plaintiff “failed to present evidence raising a triable issue of material fact about the legality of SCPMG’s actions.” See Decision. (labor, employment, California)

    Jul 21, 2017 9:54 PM

  • Court reverses ITC decision on term "virtually free from interference"

    The 1st Circuit Court has reversed a decision of the International Trade Commission, which had found that in a patent dispute, the term “virtually free from interference” was indefinite and as such invalidated the patent claims filed against Sony for a wireless digital audio system design. The Court found that “the term “virtually free from interference,” as properly interpreted in light of the specification and prosecution history, would inform a person of ordinary skill in the art about the scope of the invention with reasonable certainty.” See Decision.

    Jul 21, 2017 9:53 PM

  • Internal Auditor

    Issues #74-2 (April 2017) and #74-1 (February 2017) of publication Internal Auditor are now available

    Jul 21, 2017 10:47 AM

  • Journal of Pan African Studies

    Issue number #10-1 (March 2017) of publication Journal of Pan African Studies is now available

    Jul 21, 2017 10:47 AM

  • Los Angeles Business Journal

    Issue number #39-24 (June 2017) of publication Los Angeles Business Journal is now available

    Jul 21, 2017 10:46 AM

  • San Diego Business Journal

    Issue number #38-24 (June 2017) of publication San Diego Business Journal is now available

    Jul 21, 2017 10:46 AM

  • Supreme Court finds defendant's ineffective assistance of counsel claim lacking

    The Supreme Court has affirmed the finding that Kentel Myrone Weaver, who was convicted of murder, was not entitled to relief despite his motion for a new trial alleging ineffective assistance of counsel. Weaver argued that he received ineffective assistance through his lawyer’s failure to object to the courtroom closure during jury selection. The Court found that Weaver did not argue structural error and in his argument for ineffective assistance, he did not show a reasonable probability of a different outcome due to his attorney’s failure to object. See Decision.

    Jul 20, 2017 10:22 PM

  • Court finds CA traffic violation of fleeing from a police officer not a crime of moral turpitude

    The 9th Circuit Court has granted a petition for review of a Board of Immigration Appeals’ decision finding that a fleeing from a police officer conviction was a crime of moral turpitude. The Court found that under California Vehicle code “an individual can be convicted under subsection (b) for eluding police while committing three traffic violations that cannot be characterized as "vile or depraved." See Decision.

    Jul 20, 2017 10:21 PM

  • Volvo ordered to pay after violations of ADA and USERRA

    The Northern District Court of Illinois has ordered Volvo Group America to pay “$141,388.53 in back pay, $84,131.92 in front pay, $41,348.61 in other employment-related compensation, $8,546.10 in prejudgment interest, and $275,415.16 in liquidated damages.” This order follows a jury finding Volvo guilty of violations of the Americans with Disabilities Act (ADA) and the Uniformed Service Employment and Reemployment Rights Act (USERRA.) See Decision.

    Jul 20, 2017 10:13 PM

  • Supreme Court grants partial stay of injunction regarding Executive Order 13780

    On June 26, 2017 the United States Supreme Court granted certiorari to review challenges to Executive Order 13780, Protecting the Nation From Foreign Terrorist Entry Into the United States. The Court additionally granted requests for stay of injunctions in part, stating, “We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.” See Decision.

    Jul 20, 2017 10:12 PM

  • Pennsylvania Supreme Court finds state have role of trustee with regards to public natural resources

    The Pennsylvania Supreme Court has found that the state cannot “approach our public natural resources as a proprietor, and instead must at all times fulfill its role as a trustee.” The Court found that two sections, 1602-E and 1603-E are facially unconstitutional as they would permit the trustee to use trust assets for non-trust purposes. See Decision.

    Jul 20, 2017 9:56 PM

  • 4th Circuit suppresses evidence from "unreasonably prolonged" stop

    The 4th Circuit Court has affirmed a district court order granting a motion to suppress evidence seized during a traffic stop. The defendant was stopped originally for a minor traffic violation. The first officer, not finding justification for vehicle search, radioed to police in a different city further along the route, suggesting they should stop him and search with a dog. The Court found that in the first stop, the defendant was “unreasonably prolonged in violation of the Fourth Amendment.” The second stop followed directly from a constitutional violation and thus was “fruit of the poisonous tree.” See Decision.

    Jul 20, 2017 9:54 PM

  • FEC statement regarding alleged foreign interference in American elections

    The Federal Election Commission (FEC) has released a statement regarding “Discussion of Commission’s response to the alleged foreign interference in American elections.” In that statement, Vice Chair Caroline C. Hunter states the Commission is not “not aware of any information suggesting that the current regulatory prohibition on foreign nationals’ involvement in U.S. elections is inadequate to detect, enforce, and punish violations, such that additional regulations are necessary.” See Statement.

    Jul 20, 2017 9:52 PM

  • Supreme Court affirms murder conviction despite claims of withheld evidence

    The Supreme Court has affirmed the convictions of several defendants for the kidnaping, robbery and murder of a female victim. The Court found that the defendant’s claims of withheld evidence which should have been considered under Brady v. Maryland were dismissed. The Court found that, “the withheld evidence is not material under Brady.” The standard being “evidence is 'material' . . . when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.” See Decision.

    Jul 20, 2017 9:51 PM

  • Diverse Issues in Higher Education

    Issue number #34-11 (June 2017) of publication Diverse Issues in Higher Education is now available

    Jul 20, 2017 10:46 AM

  • Court finds after legislature convenes, that only that legislature can determine the qualifications of its members

    The 3rd Circuit Court determined the issue of “whether, once the Legislature convenes, a court has the power to decide whether an individual satisfies the qualifications to hold a seat in the Legislature.” The Court found that as the 32nd legislature had already convened “only that body can determine the qualifications of its members and separation of powers principles require a court to decline weighing in on these issues.” This means that “Only the 32nd Legislature may judge whether Rodriquez satisfies the requirements set forth in § 6(b), including the residency requirement, and is thereby qualified to serve as one of its members and whether to administer the oath and seat Rodriquez.” See Decision.

    Jul 19, 2017 10:24 AM

  • GM lawfirm did not owe duty to third-party in accidental cancellation of security interest

    The 7th Circuit Court has affirmed the dismissal of claims filed against Mayer Brown regarding their duty in the cancellation of a security interest in collateral by accident. The Court found that Mayer Brown, the law firm of General Motors, did not owe a duty to the plaintiffs, who were third –party non-clients. See Decision.

    Jul 19, 2017 10:22 AM

  • Court finds that lower court failed to apply the special caution required in juvenile confessions

    The 7th Circuit Court has found that the state court did not take proper care regarding the confession of Brendan Dassey. The Court stated that “although it [the state court] identified the general rule that a court must consider the totality of the circumstances, it failed to apply the "special caution" required in juvenile confessions and failed to evaluate the totality factors for juveniles as required.” See Decision.

    Jul 19, 2017 10:19 AM

  • Assessing Protections Afforded to Intelligence Community-Whistleblowers under International Law

    “While intelligence community whistleblowers may qualify as refugees or asylees based upon the political nature of their actions, the legal framework does not adequately address the situation in a consistent fashion.” Author Eric Connon argues that “alterations can and should be made to international refugee and asylum law, which would better protect good-faith intelligence community whistleblowers who expose government misconduct.” See Article

    Jul 19, 2017 10:17 AM

  • Ohio AG files suit against pharmaceutical companies, alleging responsibility in opioid epidemic

    Ohio Attorney General, Mike DeWine, has filed suit against several pharmaceutical companies alleging that those companies mislead doctors by persuading them that opioids should be used to treat conditions such as chronic pain, causing an epidemic of addicts. See Complaint.

    Jul 19, 2017 10:16 AM

  • Court reverses denial of motion to disiss, finding double jeopardy violation

    The 4th Circuit Court has reversed the district court denial of a motion to dismiss an indictment on double jeopardy grounds, where the defendant pled guilty to one count in the Eastern District of Virginia of conspiracy to possess with intent to distribute cocaine and conspiracy to possess with intent to distribute cocaine in the Western District of Virginia. The Court considered the characteristics of the conspiracy: substantive violation, personnel, location, time span, and nature and scope, and found that there was “substantial if not complete overlap on each element of our double jeopardy analysis.” See Decision.

    Jul 19, 2017 10:14 AM

  • Deadly Speech: Encouraging Suicide and Problematic Prosecutions

    Author Sean Sweeny discusses prosecution of assisted or encouraged suicide and new legislation which balances “the competing policy interests of discouraging suicide and protecting free speech.” See Article.

    Jul 19, 2017 10:12 AM

  • GA Supreme Court finds state did not give consent to be sued regarding abortion laws

    The Georgia Supreme Court has found that the “constitutional doctrine of sovereign immunity bars any suit against the State to which it has not given its consent, including suits against state departments, agencies, and officers in their official capacities, and including suits for injunctive and declaratory relief from the enforcement of allegedly unconstitutional laws.” This statement is in regard to a challenge filed by 3 doctors against the Georgia abortion laws. See Decision.

    Jul 19, 2017 10:11 AM