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Public Policy
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August 19, 2024
Ariz. Sheriff Can't Ax Racial Profiling Injunction, 9th Circ. Says
The Ninth Circuit on Monday kept in place a permanent injunction in a class action alleging the Maricopa County Sheriff's Office in Arizona racially profiled Latinos for traffic stops under the guise of immigration enforcement, saying the district court was within its powers to assign an independent monitor.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Texas Says Biden's River Barrier Claims Insist On Jury Trial
Texas told the Fifth Circuit that a federal judge got it wrong by denying its right to jury trial in a fight over the state's use of a border barrier in the Rio Grande, saying in a Monday brief that the government's claims carry a right for a jury trial.
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
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August 19, 2024
FCC Yanks Phone Co.'s Authorization After Getting No Answer
The Federal Communications Commission says a telecom is no longer allowed to operate in the United States after it failed to live up to the commitments it made to the federal government and then ghosted the agency when it tried to get in touch.
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August 19, 2024
Red States Seek To Block Interior Mining Violation Rule
A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.
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August 19, 2024
9th Circ. Told Psilocybin Petition Is Backed By Precedent
A Ninth Circuit panel on Monday dissected opposing arguments from the U.S. Drug Enforcement Administration and a Seattle doctor over whether there is precedent to allow the dispensing of psilocybin — a psychedelic compound — to treat terminally ill patients.
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August 19, 2024
California Rips Challenge To Advanced Clean Fleets Regulation
California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet.
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August 19, 2024
9th Circ. Agrees Nursing Home Must Pay Fees In COVID Case
The Ninth Circuit has ruled that a nursing home must pay plaintiffs' legal fees in an appeal over the remand of a suit accusing it of causing two dozen patients' COVID-19 deaths, saying the home knew the court had already issued a precedential ruling on the issue.
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August 19, 2024
ND Tribe Says State Has No Right To Riverbed Mineral Rights
The Mandan, Hidatsa and Arikara Nation says North Dakota has no claim to mineral rights beneath a portion of the Missouri River within the tribe's reservation, arguing that despite a federal opinion that held the property belongs to the tribe, the state has allegedly issued oil and gas leases for the site.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Conn. Agencies Defend Rebuff Of Utility's $131M Rate Increase
Three Connecticut agencies, including its utility rate watchdog, have defended the state's rejection of United Illuminating Co.'s proposed three-year rate increase of $131 million, saying in Connecticut state court that regulators properly trimmed the company's request to $23 million in its first year from its $90 million request.
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August 19, 2024
FCC Partly Grants Globalstar Bid For 26 New Satellites
The Federal Communications Commission has partly granted Globalstar's application for more than two dozen new satellites, allowing 17 to launch for now but deferring action on the rest until a debris reduction plan is approved.
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August 19, 2024
UnitedHealthcare Says Humana Can't Access Its Records
UnitedHealthcare has asked the Texas high court to review a decision requiring it to turn over Medicare plan documents for the state's teachers to a competing insurer, arguing that recent updates to the Public Information Act were too broadly interpreted by a lower appellate court.
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August 19, 2024
NY Appeals Court Sides With DirecTV In Nexstar Fee Spat
A New York state appeals court upheld DirecTV's summary judgment win against Nexstar in a spat over station licensing fees, even giving the satellite TV giant more than it won in the trial court by ruling that the judge there incorrectly denied some of DirecTV's claims.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Groups Urge EPA To Ban Dispersants Used In Deepwater Spill
Two advocacy groups on Monday petitioned the U.S. Environmental Protection Agency to immediately stop using two chemical dispersants that were used after the 2010 BP Deepwater Horizon oil disaster and that they say cause a variety of health problems including cancer.
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August 19, 2024
Boston Defeats Suit By Fired Police Commissioner
A Boston police commissioner who was fired over decades-old abuse allegations had plenty of chances to give his side of the story, a Massachusetts federal court said Monday in rejecting claims he was defamed and stigmatized by the city's ex-mayor.
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August 19, 2024
Harris' Plan To 'Ban' Price-Gouging Met With Pushback
Vice President Kamala Harris, the Democratic presidential nominee, has unveiled a proposal to crack down on high grocery prices, stating as part of her economic agenda that she would implement a first-ever federal ban on price-gouging — yet market participants aren't so sure that's the right approach.
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August 19, 2024
Net Neutrality Akin To Federal Law Rewrite, 6th Circ. Told
A pair of think tanks told the Sixth Circuit it should reject the Federal Communications Commission's net neutrality rules in part because the agency's decision to hold back its legal authority in some areas, like rate regulation, shows why the regime lacks statutory authority in the first place.
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August 19, 2024
Even Kids Use 'Unfair' Like CFPB Policy Does, 5th Circ. Told
Scholars from top law schools urged the Fifth Circuit to reverse a Texas federal court's decision to strike a policy expanding the Consumer Financial Protection Bureau's antidiscrimination oversight capabilities, arguing that even "schoolchildren" could agree with the agency's legal position.
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August 19, 2024
Philly To Pay $25M For Breaking Prison Conditions Settlement
A federal judge has ordered Philadelphia to set aside $25 million to ramp up recruitment and retention efforts for the city's Department of Prisons, just over a month after the court found the city in contempt of a settlement in a lawsuit over prison conditions.
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August 19, 2024
CFTC's Pham Wants More Credit For Firms In Wash Trade Deal
The Commodity Futures Trading Commission on Monday ordered two Raizen units to pay $750,000 to settle charges they carried out illegal wash sales on sugar contracts worth more than $1 billion, but Commissioner Caroline Pham said the companies should have gotten more credit for self-reporting and remediating.
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August 19, 2024
DOJ Waited Too Long On Chats Deletions, Google Says
Google urged a Virginia federal judge Friday to reject the Justice Department's request to sanction the search giant over a policy of deleting internal chats, arguing that the request came too late and that the government isn't missing any evidence for its advertising technology monopolization suit.
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August 19, 2024
Fair Use Dooms Santos Suit Over Jimmy Kimmel's Prank Videos
A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.
Expert Analysis
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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A Refresher On Calculating Political Advertising Costs
With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.