Code of Federal Regulations

Index

  • Manslaughter conviction under CA code constitutes crime of violence

    The 9th Circuit Court has found that a conviction for manslaughter under California Penal Code section 192(a) constitutes a crime of violence for immigration purposes ( 2L1.2(b)(1)(A)(ii)) See Decision.

    May 26, 2017 5:49 PM

  • Evolution of implicit bias as evidence

    The role of implicit bias as evidence in employment discrimination claims continues to evolve, as does research attempting to explain and quantify the concept of implicit bias. In Walmart Stores, Inc. v. Dukes, the Supreme Court curbed plaintiffs' use of implicit bias as evidence in support of the commonality requirement of Rule 23. Post-Dukes, plaintiffs have looked for creative ways to leverage scientific developments in implicit bias within the legal framework of employment discrimination law. See Article.

    May 26, 2017 5:44 PM

  • Court dismisses permanent injunction appeal for lack of jurisdiction

    The 2nd Circuit Court has dismissed an appeal from a permanent injunction issued after a bankruptcy settlement for a company which several individuals had been injured from their operation of a wood treatment plant. The Court dismissed the appeal finding that there was a lack of jurisdiction as the claims were derivative from the bankruptcy filing. See Decision.

    May 26, 2017 5:25 PM

  • Court affirms dismissal of claims of false advertising

    The 9th Circuit Court has affirmed a decision dismissing claims that statements made regarding a product were unsubstantiated. The Court found that under the Unfair Competition Law and the Consumer Legal Remedies Act that there was no cause of action available to the plaintiff. Additionally there was not enough evidence to prove that the statements made were false. See Decision.

    May 26, 2017 5:15 PM

  • Police officer pleads guilty to fatal shooting

    Former North Charleston, South Carolina, Police Department (NCPD) Officer Michael Slager, 35, pleaded guilty to a federal civil rights offense for his fatal shooting of Walter Scott, Jr. on April 4, 2015. According to documents filed in connection with the guilty plea, Michael Slager, while acting as an NCPD Officer, willfully used deadly force on Walter Scott even though it was objectively unreasonable under the circumstances. See Notice.

    May 26, 2017 5:13 PM

  • President Trump releases statement on agency leaks

    President Donald Trump has released a statement addressing alleged leaks coming out of government agencies. The president asked the Department of Justice (DOJ) to perform a review of the leaks and prosecute offenders to the fullest extent of the law. See Notice.

    May 26, 2017 5:11 PM

  • Discretionary support trust constitutes property

    The Court has affirmed a writ of garnishment for restitution, finding that an interest in a discretionary support trust constitutes property under the law. See Decision.

    May 26, 2017 5:09 PM

  • SCOTUS decides regarding veteran indemnification of a divorced spouse

    The United States Supreme Court has found that a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. See Decision.

    May 26, 2017 5:03 PM

  • Denver Journal of International Law and Policy

    Issue number #45-2 (January 2017) of publication Denver Journal of International Law and Policy is now available

    May 26, 2017 11:02 AM

  • University of Pennsylvania Law Review

    Issue number #165-5 (April 2017) of publication University of Pennsylvania Law Review is now available

    May 26, 2017 11:02 AM

  • California CPA

    Issue number #85-9 (May 2017) of publication California CPA is now available

    May 26, 2017 11:02 AM

  • Arkansas Business

    Issue number #34-19 (May 2017) of publication Arkansas Business is now available

    May 26, 2017 11:02 AM

  • Court finds no violation of FEHA in refusal to rescind resignation

    The California Court of Appeals has affirmed a grant of summary judgment to defendant-employer in a case where the defendant refused to rescind the plaintiff’s resignation. The Court found that the employer did not violate the Fair Employment and Housing Act (FEHA.) See Decision.

    May 26, 2017 12:34 AM

  • 9th Circuit Court reverses denial of habeas corpus petition

    The 9th Circuit Court has reversed the denial a petition of habeas corpus. The Court found that if the attorney had presented evidence of the findings of the psychologist who had seen the petitioner, there was a sufficient probability that the outcome of the trial would have been different. It is due to this deficiency of counsel that the petition is granted. See Decision.

    May 26, 2017 12:33 AM

  • 2nd Circuit affirms NLRB decision finding violation of section 8(a)(1)

    The 2nd Circuit Court has affirmed the decision of the National Labor Relations Board finding that Pier Sixty violated section 8(a)(1) by discharging an employee. The Court found that the conduct of the employee did not rise to the level of waiving protections under the law and that the employer did not prove extraordinary circumstances requiring that rule to be waived. See Decision.

    May 26, 2017 12:32 AM

  • 9th Circuit finds pro se plaintiff had already exhausted administrative remedies

    The 9th Circuit Court has reversed the lower court decision, finding that the plaintiff had already exhausted his administrative remedies under the Prison Litigation Reform Act and as such had standing to file suit. See Decision.

    May 26, 2017 12:30 AM

  • 3rd Circuit affirms summary judgment in prisoners punative class action

    The 3rd Circuit Court has affirmed the summary judgment in favor of defendants in a putative class action alleges that the Delaware correctional system routinely fails to release inmates in a timely manner, holding them for days or weeks beyond when they should be set free. See Decision.

    May 26, 2017 12:29 AM

  • Court finds ADA does not preempt CA state contract claim

    The 9th Circuit Court has reversed the dismissal of claims filed by the City of Los Angeles alleging that a contractor violated terms of the contract in failure to comply with federal disability regulations. The Court found that the Americans with Disabilities Act did not preempt state claims as the Act specifically denied preemption in that area. See Decision.

    May 26, 2017 12:28 AM

  • Court affirms maximum punitive damages award against Pan Am Railways

    The 1st Circuit Court has denied a petition of review, challenging the punitive damages awarded against Pan Am Railways. The statutory maximum punitive damages had been awarded, and were supported by the evidence. See Decision.

    May 26, 2017 12:27 AM

  • 9th Circuit finds no constitutional violation in cell phone radiation ordinance

    The 9th Circuit Court has affirmed the denial of a preliminary injunction which had challenged a City of Berkley ordinance that cell phone providers warn cell phone customers of the potential to exceed radio-frequency radiation from that which is recommended in the Federal Communications Commission (FCC) guidelines. The Court found that the ordinance was not in violation of the first amendment as it was reasonably related to a substantial government interest. See Decision.

    May 26, 2017 12:26 AM

  • EEOC subpoena must be reviewed for abuse of discretion

    In McLane Co., Inc. v. Equal Employment Opportunity Commission, the Supreme Court of the United States held that a district court's decision to enforce or quash a U.S. Equal Employment Opportunity Commission (EEOC) subpoena must be reviewed for abuse of discretion, not de novo review. Given the deferential nature of the abuse of discretion standard, this decision will raise the stakes associated with district court EEOC subpoena enforcement proceedings in the Ninth Circuit. See Article.

    May 25, 2017 12:15 AM

  • Products assembled in USA with all foreign products are not considered made in USA

    If a company claims U.S. origin for products assembled from foreign parts, a recent U.S. Court of International Trade decision may affect its ability to sell those products to the U.S. government. In a decision issued in December--Energizer Battery, Inc. v. United States--the court stated that Customs and Border Protection was right when it found that Energizer's Generation II military flashlight, while assembled in the United States, is of Chinese origin for government procurement purposes. It reached that decision in part because virtually all of the flashlight's components are of Chinese origin, even though it was assembled into a finished item in the United States. See Article.

    May 25, 2017 12:13 AM

  • OK Supreme Court clears CA accredited attorney to take bar exam

    The Oklahoma Supreme Court has found that an individual may take the Oklahoma bar exam even if he did not have an undergraduate degree and graduated from a law school in California, being an accredited attorney in California. The Court found that under section 1 or rule 4, the attorney had met the requirements to be eligible to take the bar exam in Oklahoma. See Decision.

    May 25, 2017 12:09 AM

  • European Commission fines Facebook for misleading information

    The European Commission has fined Facebook 110 million euros for providing misleading information about the merger with WhatsApp. The misleading information was provided during the 2014 investigation into the merger between the two companies. See Notice.

    May 25, 2017 12:08 AM

  • MI District Court denies motion to extend time for issuance of scheduling order regarding Trump executive order challenge

    The United States Supreme Court has found that the Kentucky rule of clear-statement is in violation of the Federal Arbitration Act as it singles our particular agreements for disfavored treatment. Under the Act, agreements may be invalidated based on general contract defenses, but not by rules that apply only to arbitration. See Summary.

    May 25, 2017 12:00 AM

  • SCOTUS finds KY clear-statement rule in violation of Federal Arbitration Act

    The United States Supreme Court has found that the Kentucky rule of clear-statement is in violation of the Federal Arbitration Act as it singles our particular agreements for disfavored treatment. Under the Act, agreements may be invalidated based on general contract defenses, but not by rules that apply only to arbitration. See Summary.

    May 24, 2017 11:57 PM

  • DOJ sends letters warning of potential 8 USC 1373 violations

    The Department of Justice has sent letters to nine different jurisdictions which were identified by the Justice’s Inspector General as being potentially in violation of 8 U.S.C. 1373. The letters remind those jurisdictions of the 2016 promise to provide documentation of compliance with section 1373. See Notice.

    May 24, 2017 11:53 PM

  • Label & Narrow Web

    Issue number #22-3 (April 2017) of publication Label & Narrow Web is now available

    May 24, 2017 9:32 PM

  • Pipeline & Gas Journal

    Issue number #244-5 (May 2017) of publication Pipeline & Gas Journal is now available

    May 24, 2017 9:32 PM

  • Label & Narrow Web

    Issue number #22-3 (April 2017) of publication Label & Narrow Web is now available

    May 24, 2017 9:02 PM