In this case, the Fifth Circuit made clear that the Board’s decision in Lion Elastomers II exceeded the scope of the court’s first remand order. On remand from the Fifth Circuit for a second time, a four-member panel of the NLRB, in a 3-1 decision, ruled that it is “impossible to reconcile the court’s finding that the Board’s attempt to overrule General Motors in Lion Elastomers II was invalid because it was beyond the scope of the court’s remand with any argument that General Motors remains…

The district court based joint-and-several liability on the participants’ “concerted wrongdoing.” A group of defendants held joint-and-severally liable for disgorgement are appealing that judgment to the Supreme Court. The petitioners assert that the SEC had not shown that they received any funds at all from the alleged pump-and-dump scheme. To impose joint-and-several disgorgement based only on “concerted wrongdoing” conflicts with the principles espoused in Liu v. SEC , the petitioners argue…

Authorities should have to obtain probable-cause warrants in most circumstances before sifting through images collected by automated license plate recognition (ALPR) technology, according to witnesses at a Senate hearing yesterday whose recommendations seemed well-received by lawmakers. The hearing before the Senate Judiciary Committee’s crime and counterterrorism subcommittee was titled “Always Watching: Flock’s Nationwide AI Surveillance Network,” naming one of the leading ALPR vendors,…

The provider abandoned administrative review after settling its re-enrollment bar and could not bypass Medicare’s exhaustion requirement through a related due process claim. A Kansas hospice provider could not pursue Administrative Procedure Act (APA) and due process challenges to the revocation of its Medicare enrollment because it failed to exhaust the Medicare administrative review process. A federal district court in Kansas dismissed the action for lack of subject matter jurisdiction,…

The Treasury Department’s sanctions office has consolidated penalty procedures for multiple sanctions programs into one new regulatory part. The Treasury Department’s Office of Foreign Assets Control (OFAC) has issued a final rule adding a new part 505, the Sanctions Penalties Regulations, to title 31 of the Code of Federal Regulations (CFR). According to OFAC, the new regulations consolidate penalty information that applies to multiple sanctions programs and that is currently located in…

The registered marks merely described cyan, magenta, and yellow cube toys and lacked secondary meaning, leaving them invalid and unable to support infringement claims. A federal district court in Illinois has granted partial summary judgment to a seller of color prism cube toys in its challenge to a competitor’s CMY CUBES trademarks. The court declared the competitor’s two registered marks invalid and ordered their cancellation, entered judgment of noninfringement, and rejected the…

During pendency of litigation, the California legislature enacted a statute specifically prohibiting the use or distribution of "a common pricing algorithm" as a method to violate state antitrust law. A California state appellate court has reversed the demurrer granted to a data analytics provider and healthcare third-party payors in a lawsuit alleging the use of pricing algorithms in a conspiracy to hold down healthcare reimbursement rates for services provided to out-of-network patients. The…

An insurer’s allegations that a shower valve was defective without identifying any defect, inadequate warning, express warranty, or alternative design were insufficient for its claims to survive. In an insurance subrogation action arising from a homeowner’s flood allegedly caused by a shower valve, a federal district court in New Jersey granted the valve company’s motion to dismiss. The court held that negligence and implied-warranty claims based on an alleged defective product were subsumed…

The resident, who was diagnosed with autism spectrum disorder at the age of three, also advanced to trial on her retaliation claim. A former medical resident with autism spectrum disorder (ASD) who was twice dismissed from the medical residency program can proceed to trial with her Rehab Act, ADA, and New York State Human Rights Law disability discrimination and failure-to-accommodate claims, a federal court in New York ruled, finding fact issues as to whether she could perform the essential…