Code of Federal Regulations

  • AG drops all charges in pending criminal cases brought regarding the Flint Water Crisis

    “The Department of Attorney General (AG) through the Flint Water Crisis prosecution team has dismissed without prejudice all pending criminal cases brought by the former Office of Special Counsel (OSC) in order to conduct a full and complete investigation.” See Press Release.

    Jun 17, 2019 8:34 PM

  • Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

    “On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In adding 558.004(1)(d), it appears that the Florida Legislature is attempting to correct last year’s ruling from the Fourth District Court of Appeals in Gindel v. Centex.” See Article.

    Jun 17, 2019 8:33 PM

  • D.C. federal court dismissal complaint alleging search engine advertising conspiration

    On June 7, a federal court in the District of Columbia affirmed the dismissal of a case alleging that Google, Microsoft, and Yahoo! conspired to "flood the market" of online search results with information about so-called "scam" locksmiths, in order to extract additional advertising revenue and that they published the content of scam locksmiths' websites, translating street-address and area-code information on those websites into map pinpoints, and allegedly publishing the defendants' own original content. The Court dismissed the complaint “as barred by the Communications Decency Act, which states that ‘[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.’” See Decision.

    Jun 17, 2019 8:32 PM

  • Court Dismisses ADA Claims Alleging “Excessive” Drug And Alcohol Testing

    “A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or alcohol tests required under the U.S. Department of Transportation (DOT)’s regulations.” See Article.

    Jun 17, 2019 8:27 PM

  • OR governor signs National Popular Vote bill

    Last week, the governor of Oregon, Kate Brown, signed SB 870, ‘Oregon’s National Popular Vote bill.’ This bill provides that the state agrees to elect the President using the national popular vote. See Tweet.

    Jun 17, 2019 8:22 PM

  • The Daubert Standard Once Again Controls In Florida State Court

    “In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert - not Frye - now governs the admissibility of expert testimony in Florida. See In re Amendments to the Florida Evidence Code, No. SC19-107, May 23, 2019.” See Article.

    Jun 17, 2019 8:20 PM

  • U.S. Supreme Court: the government is not a ‘person’ capable of instituting one of the three established challenges to patents

    On June 10, the U.S. Supreme Court held that the government is not a "person" capable of instituting one of the established three types of administrative review proceedings before the Board that would enable a "person" other than the patent owner to challenge the validity of a patent post-issuance: (1) "inter partes review," §311; (2) "post-grant review," §321; and (3) "covered-business-method review." See Decision.

    Jun 17, 2019 8:05 PM

  • Iowa Supreme Court Upholds Amendments Narrowing Bargaining Rights For Public Sector Unions

    “The Iowa Supreme Court released five eagerly awaited opinions upholding the 2017 amendments to the Public Employment Relations Act (PERA). The main case on which the four other companion cases relied was American Federation of State, County and Municipal Employees Iowa Counsel 61 v. State of Iowa. Taken together, the cases upheld the amendments, which narrowed collective bargaining rights for certain public sector employee unions.” See Article.

    Jun 17, 2019 8:05 PM

  • Latino Leaders

    Issue number #20-1 (January 2019) of publication Latino Leaders is now available

    Jun 15, 2019 11:05 AM

  • Mississippi Business Journal

    Issue number #41-17 (April 2019) of publication Mississippi Business Journal is now available

    Jun 15, 2019 11:05 AM

  • Insurance Advocate

    Issue number #130-8 (April 2019) of publication Insurance Advocate is now available

    Jun 15, 2019 11:05 AM

  • National Defense

    Issue number #103-786 (May 2019) of publication National Defense is now available

    Jun 15, 2019 11:05 AM

  • San Diego Business Journal

    Issues #40-20 (May 2019) and #40-18 (May 2019) of publication San Diego Business Journal are now available

    Jun 15, 2019 11:05 AM

  • New Hampshire Business Review

    Issue number #41-11 (May 2019) of publication New Hampshire Business Review is now available

    Jun 15, 2019 11:05 AM

  • Diverse Issues in Higher Education

    Issue number #36-8 (May 2019) of publication Diverse Issues in Higher Education is now available

    Jun 15, 2019 11:05 AM

  • Reason

    Issue number #51-3 (July 2019) of publication Reason is now available

    Jun 15, 2019 11:05 AM

  • The Journal of the American Oriental Society

    Issue number #139-1 (January 2019) of publication The Journal of the American Oriental Society is now available

    Jun 15, 2019 11:04 AM

  • FL governor signs CS/HB 19: Prescription Drug Importation Programs

    Yesterday, the governor of Florida signed CS/HB 19: Prescription Drug Importation Programs. “The bill establishes two programs – the Canadian Prescription Drug Importation Program (CPDI Program) and the International Prescription Drug Importation Program (IPDI Program) – to safely import federal Food and Drug Administration (FDA) approved prescription drugs into the state for the benefit of consumers and public programs.” See Press Release.

    Jun 13, 2019 9:17 PM

  • Eighth Circuit Finds No Duty For Retailers To Safeguard Personal Data Of Customers

    “On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc. Customer Data Security Breach Litigation, where the court had previously dismissed the claims of all but one of the 16 named plaintiffs for failing to allege actual injuries that would establish Article III standing. In addition to affirming the denial of the 15 plaintiffs' motion for leave to amend, the Eighth Circuit held that the remaining plaintiff failed to state a claim in his complaint because he could not establish that SuperValu, Inc. had a duty to safeguard his personal data or that he had suffered actual damages or future likelihood of harm.” See Article.

    Jun 13, 2019 9:16 PM

  • 9th Circuit reverses denial of motion to suppress

    On June 5, the 9th Circuit Court reversed the district court’s denial of a motion to suppress evidence obtained after police officers stopped [Defendant] following an anonymous tip that a black man was carrying a gun, which is not a criminal offense in Washington State.” The Court held that “the officers lacked reasonable suspicion that criminal activity was afoot before stopping and frisking [Defendant]. The panel wrote that the totality of the circumstances does not add up to enough: no reliable tip, no reasonable inference of criminal behavior, no police initiative to investigate a particular crime in an identified high crime area, and flight without any previous attempt to talk to the suspect.” See Decision.

    Jun 13, 2019 9:15 PM

  • Maryland Joins The Bandwagon: Bans Noncompetes For Low-Wage Workers

    “Maryland has become the latest state to revise its noncompetition law to clamp down on the practice and further restrict the types of workers permitted to be bound by such restrictive covenants. On May 25, 2019, SB 328 officially became law in Maryland, prohibiting employers from entering into noncompetition agreements with employees who earn equal to or less than (1) $15 per hour or (2) $31,200 annually. If you have employees who work in Maryland and earn at or near the minimum wage, you need to be aware of this new law.” See Article.

    Jun 13, 2019 9:13 PM

  • U.S. Supreme Court: California's minimum-wage and overtime laws do not apply to drilling platforms off the California coast

    On Monday, the U.S. Supreme Court found that California's minimum-wage and overtime laws do not apply to drilling platforms off the California coast. The Court reasoned that “ [t]he OCSLA makes apparent ‘that federal law is 'exclusive' . . . and that state law is adopted only as surrogate federal law.’” As such the Court held that “[w]here federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the OCS.” See Decision.

    Jun 13, 2019 8:38 PM

  • Ride-Share Drivers Are Independent Contractors According To NLRB's General Counsel

    “The National Labor Relations Board's (NLRB) General Counsel released an Advice Memorandum that concludes that drivers for a ride-sharing app are independent contractors and, therefore, not covered by the National Labor Relations Act. The General Counsel's analysis focused on the traditional common law factors for assessing whether a worker is a contractor or employee. The General Counsel's office of the National Labor Relations Board (NLRB) released an Advice Memorandum on May 14, 2019, concluding that ride-share drivers with the mobile ride-sharing app Uber are properly classified as independent contractors.” See Article.

    Jun 13, 2019 8:33 PM

  • President Trump signs ‘Executive Order on Modernizing the Regulatory Framework for Agricultural Biotechnology Products'

    On June 11, President Trump signed ‘Executive Order on Modernizing the Regulatory Framework for Agricultural Biotechnology Products.’ The order calls for relevant regulations and guidance documents to be streamlined and to “use existing statutory authority, as appropriate, to exempt low-risk products of agricultural biotechnology from undue regulation.” See Order.

    Jun 13, 2019 8:31 PM

  • Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context

    “Satisfying Rule 23(b)(3)'s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact whether questions of law or fact common to class members predominate over any questions affecting only individual members. In In Re Hyundai & Kia Fuel Econ. Litig., after an en banc rehearing, the Ninth Circuit ruled that a district court did not abuse its discretion by failing to address varying state laws when granting class certification for settlement purposes. Drawing a distinction between class certification for litigation purposes and class certification for settlement purposes, the Ninth Circuit held that the variations in state law across the nationwide class did not defeat predominance.” See Article.

    Jun 13, 2019 8:31 PM

  • The HR Specialist

    Issue number #17-5 (May 2019) of publication The HR Specialist is now available

    Jun 13, 2019 11:02 AM

  • State Legislatures

    Issue number #45-3 (May 2019) of publication State Legislatures is now available

    Jun 13, 2019 11:02 AM

  • Real Estate Weekly

    Issue number #64-30 (May 2019) of publication Real Estate Weekly is now available

    Jun 13, 2019 11:02 AM

  • Nevada Expands Mandatory Occupational Safety Training To Conventions And Trade Shows

    “In 2009, Nevada implemented mandatory safety training for employees performing work on construction sites. In 2017, Nevada expanded that mandatory safety training to include employees involved in the presentation or production of live entertainment, filmmaking or photography, television programs, sporting events, or theatrical performance. Through the recent passage of Senate Bill No. 119, the Nevada Legislature once again expanded mandatory safety training - this time to now include employees performing work at sites primarily used for trade shows, conventions and related activities. Senate Bill No. 119 overwhelmingly passed both the Nevada Senate and Assembly and was signed into law by Governor Sisolak on May 21, 2019.” See Article.

    Jun 12, 2019 8:32 PM

  • U.S. Supreme Court: 28 U.S.C. §1441(a) does not permit removal by a third-party counterclaim defendan

    On May 28, the U.S. Supreme Court held that 28 U.S.C. §1441(a) does not permit removal by a third-party counterclaim defendant. In this case, Jackson was sued by Citibank for charges incurred on a Home Depot credit card. Jackson responded by filing third-party class action claims against petitioner Home Depot U.S. A., Inc., and Carolina Water Systems, Inc.. Home Depot filed a notice to remove the case from state to federal court, but Jackson moved to remand, arguing that controlling precedent barred removal by a third-party counterclaim defendant. See Decision.

    Jun 12, 2019 8:32 PM