Court joins growing list of those making lost profits available under Florida Deceptive and Unfair Trade Practice Act. A federal district court in Tampa, Florida denied cross-motions for summary judgm...
This case, said the court, concerns the extent of an employer’s obligation to provide accommodations to a job applicant with a disability under section 504 of the Rehab Act. Affirming summary judgment against the Rehab Act claim of an applicant for a stockworker position with MTA Bus, who was denied his request for an ASL interpreter for a pre-employment exam, the Second Circuit rejected his contention that employers must provide an applicant with preemployment testing accommodations…
Proposed amendments to Form PF, required by the Dodd-Frank Act of 2010 and adopted by both the CFTC and SEC, were approved Wednesday. In a rare show of unity with fellow regulator the SEC, the CFTC agreed to go along with jointly proposed amendments to Form PF, a confidential reporting form for all filers and large hedge fund advisors that are registered with the SEC and the CFTC. The proposed amendments to Form PF, which is used by both commissions, reflect lessons learned over the past…
An employee’s whistleblower suit under the False Claims Act was given new life after the Ninth Circuit ruled that the lower court erred on both materiality and scienter in dismissing the suit. The Ninth Circuit has reversed a California district court’s grant of summary judgment to medical device manufacturer Kinetic Concepts, Inc. in a relator’s False Claims Act suit, finding that the lower court erred when it concluded that the manufacturer’s decision to add a claim modifier to falsely…
A CFPB circular confirms that inadequate security for sensitive consumer information collected, processed, maintained, or stored by a company can constitute an unfair practice in violation of the Consumer Financial Protection Act. In a circular issued Aug. 11, 2022, the Consumer Financial Protection Bureau confirmed that financial companies may violate federal consumer financial protection law when they fail to safeguard consumer data. In addition to other laws governing data security for…
Applying the High Court’s guidance, the Federal Circuit reached the same conclusion as its earlier judgment that “assignor estoppel” precluded an accused infringer from challenging patent claims that its predecessor had warranted as valid in an asset transfer. On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit again affirmed a no-invalidity finding by a Delaware district court regarding a patent for procedures and devices for endometrial ablation. Directed…
The golfers knew that participation in the competing LIV Golf league would lock them out of PGA Tour events and the LIV Golf contracts they negotiated were based on a calculation of what they needed to compensate for those losses. Professional golfers failed to show irreparable harm from their suspension from PGA Tour events over their participation in competing events, held a federal district court in California. The golfers were suspended by the PGA Tour because of participation in LIV Golf,…
An injured patient failed to raise any genuine disputes of material fact regarding his failure to warn and design defect claims against the manufacturer. In an action stemming from complications a patient experienced following the implantation of an inferior vena cava filter, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court’s grant of summary judgment in favor of the device manufacturer because the filter’s Instructions for Use (IFU) had explicitly warned of the very…
None of the evidence presented by the employees would permit a reasonable jury to conclude the union acted in a manner that was discriminatory, in bad faith, or arbitrary. A district court’s grant of summary judgment in favor of a city and union in a “hybrid” breach of contract/fair representation claim brought by employees who lost seniority following the reinstatement of a previously demoted sergeant was affirmed on appeal to the First Circuit. After the sergeant was reinstated, the…
The SEC and CFTC proposed amendments to Form PF to enhance information collected from private fund advisers. The SEC proposed amendments to Form PF to amend reporting requirements for all filers and large hedge fund advisers. The amendments, which passed the Commission by a 3-2 vote, are also being considered by the CFTC. The amendments are intended to enhance the FSOC's monitoring of systemic risk and to collect additional, and more useful, data for use in the Commission's regulatory…
“[I]f this is the first time in American history that a list of major corporations fall into the ‘blue’ column on socio-political issues, then can’t almost anything happen?” In this issue, Jim Castagnera discusses what some have c...
Employers need to brace for a significantly revised rule that will be as unforgiving to employers, if not more so, than Browning-Ferris I . A federal appeals court in Washington, D.C. recently issued a decision in the latest insta...
The ongoing shift away from LIBOR to newer, nearly risk-free reference rates necessitated changes to the CFTC’s rules to account for clearing determinations for the new reference rates. The CFTC adopted a final rule that revises C...
In an unpublished opinion, the court allowed securities fraud claims to proceed, as well as control person and insider trading charges against an individual defendant. The plaintiff brought this putative class action on a third am...
The appellate court found that the patient’s speech revolved around her own putative experiences, they did not touch on a broad topic of widespread public interest. In an unpublished opinion, the California Court of Appeal in San ...
The court held that the employee’s conclusory allegation of duress was insufficient to “avoid” a dispute resolution agreement that the employer had the employee sign over and over again on an annual basis. The U.S. Court of Appeal...
The results of Fannie Mae and Freddie Mac’s stress tests, which are required under the Dodd-Frank Act, were made available. The Federal Housing Finance Agency has announced the release of the results of the “severely adverse scena...
Money market funds function like banks but face fewer rules, which makes them a threat to financial stability, a report concludes. Money market funds (MMFs) are a source of financial instability and should be more tightly regulate...
A claim to royalties arising from tenants-in-common rights in Wilson’s compositions does not implicate exclusive rights under the Copyright Act. Marilyn Wilson-Rutherford, ex-wife of Brian Wilson of The Beach Boys fame, may pursue...
A “cast in one piece” term was properly ignored by the PTAB in obviousness and anticipation determinations because it did not impart a structural or functional difference to the final product. A maker of ultrasonic flow meters was...
Consumer’s allegations of misleading representations and omissions concerning safety of antifog eyeglass spray sufficiently stated. A consumer sufficiently stated false advertising claims alleging that an antifog eyeglass spray se...
Hagens Berman Sobol Shapiro LLC’s request that a 35% premium be applied to the bid amount, for an award of $29,976,750, was rejected. Based on guidance from the Ninth Circuit, the federal district court in San Francisco awarded at...
The patient plausibly alleged a manufacturing defect involving a surgical stapler that misfired during colon surgery. A federal district court in Louisiana concluded that a patient who allegedly received injuries after a surgical ...
A smoker’s fraudulent concealment claims against other properly joined tobacco companies could succeed; therefore, removal of the case was barred by the forum defendant rule. In an action brought by a smoker against several tobacc...