Supreme Court Justices explored whether existing federal rules governing amendments to pleadings provide the answer to a growing circuit split over late-raised affirmative defenses. The U.S. Supreme Court wrestled Monday with whether employers and other civil defendants may wait until summary judgment to raise affirmative defenses that were not included in their original pleadings. The case, Younge v. Fulton Judicial Circuit District Attorney’s Office, Geo...
The dissenting judge diverged on whether Dobbs overruled “secondary” or separate holdings in Roe and Casey for abortions preserving the life or health of the mother. A panel majority of the U.S. Court...
The Live-In Exemption exempts from the FLSA’s overtime pay requirements “any employee” meeting its other expressly stated requirements, namely, those employees who are employed in “domestic service in a household” and “who resides in such household.” The Department of Labor exceeded its authority when it promulgated its 2015 Third-Party Employer Regulation, ruled a federal district court in Pennsylvania. That part of the regulation pertaining to employees engaged in live-in domestic service…
The October 30 preliminary injunction extends the earlier relief to fees and taxes, issues the court had reserved for further briefing, and also bars compulsory investigative process. The Northern District of Illinois preliminarily barred Illinois from enforcing several state gambling laws against the trading of swaps, including sports event contracts, listed on or available through CFTC-regulated designated contract markets and futures commission merchants. Judge Martha M. Pacold's October 30…
The increase in cyber attacks enabled by AI (artificial intelligence) has made it more urgent for Congress to reauthorize a 2015 law at the core of U.S. cyber defenses, according to 35 business groups representing telecom, technology, financial services, health care, and other critical infrastructure sectors. In a letter sent Sunday, the business coalition asked the chairmen and ranking members of the House and Senate Armed Services committees to retain a provision in the House version of the…
CMS misinterpreted the Inflation Reduction Act’s exclusion for plasma-derived products when it failed to exclude BOTOX from its published list of selected drugs for drug pricing negotiations. A federal district court for the District of Columbia has granted in part the motion for summary judgment filed by AbbVie Inc. in a lawsuit brought by the drug manufacturer challenging CMS’s selection of BOTOX in its list of selected drugs for drug pricing negotiations. AbbVie contended that the agency…
The report argues that dismissals of several CFPB’s enforcement actions reduced consumers' opportunities to obtain refunds and other monetary relief. Consumers lost opportunities to recover billions of dollars because of Consumer Financial Protection Bureau enforcement actions dismissed during President Donald Trump's administration, according to a report released November 2 by the minority staff of the Senate Committee on Banking, Housing, and Urban Affairs led by Ranking Member Elizabeth…
The publishers for the New York Daily News , Chicago Tribune , and Orlando Sentinel bring claims for direct copyright infringement, vicarious copyright infringement, and related claims. Newspaper publishers for the New York Daily News , Chicago Tribune , and Orlando Sentinel have filed a copyright infringement case in the federal district court in New York City against Brave Software, Inc. alleging that the technology company has unlawfully acquired and distributed material for building…
Third Amended Complaint was an unsuccessful reprise of "repeated failure to cure deficiencies by amendments previously allowed” and warranted dismissal with prejudice. The federal district court in New York City has dismissed the Third Amended Complaint in a challenge to the acquisition of a protein manufacturer by a food manufacturer. The complaint did not plausibly plead a relevant product market or harm to competition, thereby foreclosing the Sherman Act and Clayton Act allegations. For the…
A Canadian forum was more appropriate as there was no operative forum-selection clause and the relevant evidence, witnesses, and events were concentrated in Québec. In an action brought by a cooktop manufacturer seeking a determination of nonliability after a recreational vehicle containing a cooktop exploded, a federal district court in Indiana dismissed the manufacturer’s declaratory judgment action against the trailer maker. The parties’ contracts did not incorporate the manufacturer’s…
The employee’s responsibilities concerning documentation, design, and development of the IVR system were the “main” or “most important” part of his job, making them his “primary duty.” Cincinnati Bell met its burden to show that an IT employee’s responsibilities were intimately intertwined with the design, development, and documentation of an IVR system, making him an exempt computer employee, ruled the Sixth Circuit. The employee claimed that the employer failed to pay him overtime wages,…
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In this fifth edition of Ask the Arbitrator, several NAA members have been asked to share their perspective on a hypothetical situation. Labor arbitrators are often confronted with unique situations that can stimulate useful discu...
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California is one of at least 13 states that have passed captive audience laws, including Connecticut, Illinois, Maine, Minnesota, New York, Oregon, Rhode Island, Vermont, and Washington. A federal appeals court just ruled that Ca...
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The equity perps were “deemed approved” under Regulation 40.3 as security futures products, the CFTC chairman said. CFTC Chairman Michael Selig said Tuesday that perpetual futures contracts on individual equity securities can begi...
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The partnership will broaden access to unbiased investing information. FINRA and the SIFMA Foundation announced a strategic alliance to expand access to financial education for young people and families. The five-year initiative s...
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Cyber attacks powered by AI (artificial intelligence) have exposed weaknesses that result from “tech on the cheap,” according to Richard Horne, chief executive officer of the United Kingdom’s National Cyber Security Centre (NCSC)....
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A Delaware defense and aerospace contractor has agreed to pay $13 million to resolve False Claims Act allegations that the company failed to adopt adequate cyber defenses to protect federal data, the Department of Justice announce...
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Although the hospital had standing to challenge HRSA’s three-month delay imposed for covered-entity status change, it nevertheless failed to show irreparable harm, a necessary element for obtaining preliminary injunctive relief. A...
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The relator should have pursued the discovery needed to support the “false unbundling” theory from the outset, and she later abandoned it without reserving the possibility of repleading it. A qui tam relator did not establish good...
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The FDIC has amended its supervisory prompt corrective action (PCA) directive requiring Old Glory Bank to maintain adequate capitalization, but some previous restrictions remain. The Federal Deposit Insurance Corporation has issue...
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The group seeks attorney fees for payor banks when depositary banks fail to timely pay valid warranty claims, while opposing expanded customer remedies. The Independent Community Bankers of America (ICBA) has urged the formation o...
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The district court erred in finding that the patent infringement lawsuit was an “exceptional” case warranting an award of attorney fees. In a nonprecedential disposition, the U.S. Court of Appeals for the Federal Circuit reversed ...
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Micron and Intel alleged that the subject claims would have been obvious over prior art at the time of the invention. The U.S. Court of Appeals for the Federal Circuit affirmed two inter partes review (IPR) final written decisions...
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Axon allegedly monopolized the body-worn camera and digital evidence management markets through anticompetitive acquisitions and agreements with Microsoft, while concealing purported security vulnerabilities in its cameras. The Ni...
ACQUISITIONS & MERGERS NEWS: Justice Department offers comments on Vistra’s acquisition of CogentrixYou have 1 more complimentary views available this month. Log in if you are already a customer
ACQUISITIONS & MERGERS NEWS: Justice Department offers comments on Vistra’s acquisition of Cogentrix
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The deal will expand Vistra's presence in key power markets including PJM, ISO New England, and ERCOT. The U.S. Department of Justice released a press release in connection with the Antitrust Division’s investigation into the acqu...
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The individuals had recently learned facts during discovery justifying the amendments, had corresponded with the renter regarding the proposed amendments, and had acted in a timely manner. A federal district court in California gr...
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A roundup of agency notices published in the Federal Register . DEFECT PETITIONS. The National Highway Traffic Safety Administration (NHTSA) has denied a petition (No. DP26004 ) seeking a defect investigation into the hydraulic co...