App stores would have to disclose the country where an app was developed and provide an added disclaimer if the app was from a “country of concern” under a bill introduced by Sen. Tim Scott (R., S.C.). The Know Your App Act (S 1732) would direct the National Telecommunications and Information Administration to require app stores with more than 20 million users in the U.S. “to publicly list, in a prominent display on the application store page, the primary ...
The appeals court ruled that the employees confused the control test used in Martinez with the control test used by the district court. A district court correctly ruled that marketers, who cooled and ...
“All agree that the NLRA protects the right to strike but that this right is not absolute.” The NLRA did not preempt a concrete company’s Washington state tort claims alleging that a union intentionally destroyed the company’s property during a labor dispute, the U.S. Supreme Court held in an 8-1 opinion. Finding that the union failed to “take reasonable precautions to protect” against foreseeable and imminent danger to the employer’s property resulting from its sudden cessation of…
The en banc court did not mind the Gap's forum-selection clause because it did not violate the Exchange Act's anti-waiver provision. The Ninth Circuit, sitting en banc, affirmed the dismissal of a derivative action on forum non conveniens grounds. The plaintiff-appellant argued that The Gap's bylaws contained a forum-selection clause that violated the anti-waiver provision in Exchange Act Section 29(a) by effectively squelching her ability to bring proxy nondisclosure claims under Section…
The Transportation Security Administration plans to reissue a cybersecurity directive for the pipeline sector this summer with at least one new requirement for pipeline operators to conduct tabletop exercises to test their cyber incident response plans, according to TSA Administrator David Pekoske. The existing directive, which is the second issued by TSA in the wake of the 2021 ransomware attack on Colonial Pipeline Co. that resulted in fuel shortages in the eastern U.S., is due to expire in…
Reaffirming a prior holding in a similar case, the court dismissed a hospital’s claims that it was improperly reimbursed at the state-set APR-DRG rate for out-of-network poststabilization services it provided to Medi-Cal patients. A managed care health plan successfully subverted a hospital’s challenge to its reimbursement rate for poststabilization care provided to out-of-network patients treated in its emergency room. Agreeing with the managed care health plan (MCHP) and the trial court, a…
Financial institutions that use automated valuation models (AVMs) for real estate appraisals would have to adopt policies to ensure the “credibility and integrity” of the automated valuations under a rule proposed by six federal financial regulators. The Federal Deposit Insurance Corporation, the Federal Reserve Board, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Housing Finance Agency, and the Consumer Financial Protection Bureau have…
The court found all asserted patent claims invalid as ineligible, indefinite, and anticipated. After a federal jury found medical device manufacturer AngioDymanics willfully infringed CR Bard’s patents relating to power injection vascular access ports, the federal district court in Wilmington, Delaware, has concluded that the asserted patent claims are invalid based on ineligible subject matter, indefiniteness, and anticipation. The court granted AngioDynamics’ motion for judgment as a matter…
TR Daily Among other things, Chair Comer seeks unredacted filings related to Chair Khan’s refusal to recuse herself from review of the proposed Meta-Within Unlimited merger. House Oversight and Accountability Committee Chairman James Comer (R., Ky.) yesterday announced the opening of an investigation into Federal Trade Commission Chair Lina Khan with a request to the agency for documents and communications related to allegations by former FTC Commissioner Christine Wilson about Chair Khan’s…
Boeing’s motion in limine was denied, permitting evidence and argument about the alleged conscious pain and suffering the passengers experienced before the aircraft crashed. In the absence of direct authority and the recent trend in cases departing from older precedent, a federal district court in Illinois ruled that Boeing could not exclude non-speculative evidence as to the conscious pain and suffering the passengers experienced vis-a-vis a damages award to the surviving family members of…
The gist of the Chicago Public Schools teacher’s complaint was that the hospital treated her and another African-American teacher who worked there in a discriminatory manner. A children’s hospital was entitled to dismissal of the Title VII race discrimination, Section 1981 and state-law claims of an African-American Chicago Public Schools teacher who instructed pediatric patients there beginning in 2018 and alleged multiple instances of mistreatment by the hospital and its family services…
Executive Summary: The National Labor Relations Board's (NLRB's) recent unfair labor practice (ULP) complaint against the University of Southern California (USC), the National Collegiate Athletic Association (NCAA), and the Pac-12...
Violence and deliberate efforts to damage property are not protected activity under the NLRA. The Supreme Court delivered welcome news today to employers seeking to sue and recover economic damages from labor unions, ruling that f...
While describing defendants’ motion as “nothing more than rank judge-shopping”, the judge determined that judicial ethic requirements mandated his recusal due to a third-degree relative owning Disney stock. Governor Ron DeSantis a...
A cert petition argues that a failure to make a required disclosure cannot support a private 10(b) claim in the absence of a misleading statement and evidence of scienter. The Supreme Court is being asked to review a Second Circui...
China’s National Information Security Standardization Technical Committee (TC260) announced on Wednesday that a set of 19 cybersecurity standards had been officially released on May 23 by the State Administration for Market Regula...
The Oregon legislature’s joint public safety subcommittee voted this week to advance a bill that would give consumers certain rights related to the processing of their personal data such as inquiring about the categories of data b...
The court rejected the patient’s various arguments that the court had essentially already decided, in a prior order, that the Medicare Local Coverage Determination at issue was wholly invalid. On a Medicare patient’s motion for cl...
Consumer contended that she paid more for juice seller’s product because it was presented as “fresh.” A consumer’s allegations of misleading representation in a class action against a juice seller and manufacturer Suja Life, LLC, ...
Bank failures remain at the center of banking news in May. In May, the federal bank regulators continued to react to the recent bank failures. The Federal Deposit Insurance Corporation proposed assessments related to systemic risk...
The CFPB analyzed payment apps and issued a consumer advisory telling consumers their money might be at risk. Funds stored on popular digital payment apps may not be covered by federal deposit insurance and could be at risk in the...
The patent owner’s statements made during discovery made the defense plausible. A tool manufacturer accused of infringing a patent for a bandsaw was allowed to file an amended answer and counterclaim alleging inequitable conduct a...
Confusion was not likely because the opposer did not show its linens and household goods were related to the applicant’s perfume, clothing, and personal items. The Trademark Trial and Appeal Board has dismissed an opposition to a ...
The physician sued two individual board members after his medical license was suspended. Two members of a Massachusetts medical licensing board were found to have absolute quasi-judicial immunity in an antitrust case a physician b...
To encourage private parties to bring antitrust actions, the court held, the recovery of reasonable attorney fees must be sustained regardless of the amount of damages awarded. The U.S. District Court for the Southern District of ...
An injured driver failed to present the expert evidence required to show that his vehicle contained a manufacturing defect that proximately caused his alleged injuries. In an action brought against a truck manufacturer by a man wh...
The firm will repair the rear trigger switch, free of charge. Chervon North America Inc., of Naperville, Illinois, is recalling about 85,000 EGO Power+ Model HT2410 Cordless Brushless Hedge Trimmers because the rear switch trigger...