vLex United States
A recent ruling in the 11th Circuit Court of Appeals has determined that when a debtor in bankruptcy surrenders property in order to discharge that debt, that such debtors cannot then protest the subsequent foreclosure in state courts. See Decision.
Oct 25, 2016 11:02 PM
California Court upholds insurance discretionary clauses ban
After California's law banning discretionary clauses in insurance contracts, numerous suits have been filed challenging it. The California Courts have recently ruled in favor of the law and determined that the law does not violate the federal Employee Retirement Income Security Act. The law has the effect of putting insurance companies under higher scrutiny and has been challenge by multiple insurance agencies. See Decision.
Oct 25, 2016 10:58 PM
Complaint filed alleging censorship through litigation
A complaint has been filed in California court that accuses two lawyers of filing lawsuits with the purpose of removing bad reviews from search engine results. The claim alleges that the lawyers would file suit against a defendant, whose connection to the statement might have even been questionable. The defendant often would then concede to injunction relief removing the statement to avoid lawsuit in relation to a comment they might not have even had any real connection to. See Complaint.
Oct 25, 2016 10:52 PM
Mississippi woman's claims denied after 96 day stay in jail
A Mississippi woman’s claims of due process, liberty, and the 6th amendment violations has been dismissed. The woman brought claims after staying for 96 days in jail without an arraignment for crimes she did not commit. The judge determined that under current Mississippi law once a defendant has been brought before a grand jury the right to a preliminary hearing has been waived. Additionally, the judge stated that the defendant did not request an attorney, but did indeed have an attorney at her first appearance. See Decision.
Oct 25, 2016 10:45 PM
SEC releases new rules regarding liquidation assets
SEC has created new rules in regards to exchange traded funds that guide risk management. The new rules tighten regulations on assets that are considered liquid or cash conversion. The new rules also have a 4 tiered scheme which classifies how liquid the funds actually are. See Press Release.
Oct 25, 2016 10:42 PM
San Francisco pissoir not nuisance violation
San Francisco high court has dismissed a case against the city regarding a pissoir that was installed in Mission Dolores Park. The claim was brought by Chinese Christian Union and alleged that the pissoir does not comply with the city’s required codes and is also a public nuisance. The judge ruled that the structure did not violate any protections and was in fact a legal structure. See Decision.
Oct 25, 2016 10:38 PM
Petition against judge's sentence in incest case
A petition has been filed against the judge of a case that has recently garnered a lot of public response. The petition is the result of the judge’s sentencing to 30 days for a man who was convicted of sex crimes against his 12 year old daughter. The judge has stated in response that he considered statements from the victim’s family members which requested community based rehabilitation. See Petition.
Oct 25, 2016 10:35 PM
Los Angeles Business Journal
Oct 25, 2016 10:32 AM
San Fernando Valley Business Journal
Oct 25, 2016 10:32 AM
5th Circuit Court of Appeals reverses previous decision not certifying class action
The 5th Circuit Court of Appeals has reversed a previous decision in a pyramid scheme case against Stream Energy. Investors in the company were previously denied class status as they could not prove that there was class-wide reliance on the misrepresentations. However, the Court of Appeals has stated that claims based on violations of the Racketeer Influenced and Corrupt Organizations Act do not require proof of reliance. See Decision.
Oct 24, 2016 11:00 PM
New rule amending details of cargo through and to Cuba
This rule amends a license exception to allow cargo aboard aircraft to transit Cuba when that cargo is bound for destinations other than Cuba. This rule also authorizes export and reexport of certain items sold directly to individuals in Cuba under a license exception. Finally, this rule revises the lists of ineligible Cuban officials for purposes of certain license exceptions. BIS is publishing this rule to further implement the administration's policy of increasing engagement and commerce that benefits the Cuban people. See Rule.
Oct 24, 2016 10:53 PM
DHS raises the fees on immigration applications
The Department of Homeland Security has announced the final rule adjusting the fees for immigration applications. The fees will increase by a weighted average of 21% and establish new fee systems for certain applications including naturalization. See Rule.
Oct 24, 2016 10:44 PM
FDA issues new rule regarding generic drug approval
A new rule that was published on October 6 streamlines some services such as patent approval. The rule also provides guidance on areas such as shortened application approval methods. The goal of the new drug is to reduce unnecessary litigation, reduce delays in the approval of 505(b)(2) applications and ANDAs that are otherwise ready to be approved, and provide business certainty to both brand name and generic drug manufacturers. See Rule.
Oct 24, 2016 9:43 PM
More FMLA claims heading straight to District Court
According to the Administrative Office of U.S. Courts the number of workers who are turning directly to the courts for relief instead of submitting complaints to the labor department when they have claims of Family and Medical Leave Act violations. In 2012 there were 404 complaints filed in district court. That number went up to 1,181 by 2015. See Tables.
Oct 24, 2016 9:33 PM
Judgment against Expedia for failure to pay village taxes
District Court of Illinois Judge approves a stipulated judgment in which online travel companies will be required to pay nearly a half a million dollars to Lombard, Illinois. The judgment comes following a complaint that the online travel companies, such as Expedia, did not pay the appropriate hotel taxes to the village for multiple years. The judge stipulated that they judgment payment need not be paid until all appeals on the matter have finished. See Decision.
Oct 24, 2016 9:31 PM
Prosecutor inappropriate remarks gets case overturned
Illinois Court of Appeals rules in favor of defendant after prosecutor and judge inappropriate remarks. The case charged the defendant with attempted murder and aggravated battery. The prosecutor in opening statements called the defendant a criminal several times and cold-blooded criminals. The appeals court also noted the statement that the judge made expressing his disbelief that the defendants had any thoughts towards his kids. See Decision.
Oct 24, 2016 9:27 PM
Murder conviction overturned due to "plumber" remarks by judge
California Court of Appeals has overturned murder conviction because of remarks that the judge made about plumbers not being truthful. The Judge made the statements in an attempt to explain to the jury that they could not pre-judge anyone taking the stand. The statements created prejudice as the defendant had an alibi witness who was a plumbing contractor. The Appeals Court stated that even with instruction the prejudice would not have been cured. See Decision.
Oct 24, 2016 9:23 PM
Vanderbilt Journal of Transnational Law
Oct 22, 2016 10:33 AM
San Diego Business Journal
Oct 22, 2016 10:33 AM
Business North Carolina
Oct 22, 2016 10:33 AM
Hillary Clinton responds to interrogatories
Hillary Clinton has responded to the required interrogatories in the ongoing case brought by Judicial Watch. In her response to the interrogatories Hillary Clinton stated that she did not recall being warned about private email use nor did she regarding warnings of hacking. Clinton’s responses in the interrogatories do not seem to reveal much new information not already available to the public. See Response.
Oct 22, 2016 12:31 AM
Complaint filed regarding Flint children's educational rights
ACLU has filed a complaint on behalf of Michigan families who are affected by the Flint water quality. The complaint alleges that the water crisis has created an unsafe environment for the children of the city and as such violated the children’s right to education services. The complaint notes that providing qualify resources to the community is of up most important particularly in providing special education services to children who may have developmental delays as a result of the contamination. See Complaint.
Oct 22, 2016 12:28 AM
Applicants do not qualify for same protections under age discrimination
11th Circuit Court of Appeals has recently ruled that although employees may bring disparate impact claims under age discrimination, the same option is not available for job applicants. The letter of the law states that the Discrimination in Employment Act section at hand here covers “employees.” See Decision.
Oct 22, 2016 12:24 AM
Florida Judge orders procedures for mismatched voter signatures
Florida District Court Judge orders Florida to fix a problem regarding vote by mail citizens’ signatures. The order requires supervisors to be appointed which would give notice to vote by mail voters when there is a mismatched signature. This would then give the voter an opportunity to fix the mismatched signature, ensuring that the vote is properly counted. See Decision.
Oct 22, 2016 12:13 AM
DOJ releases findings of San Francisco police investigation
The Department of Justice has released the results of its investigation into the San Francisco Police Department. The investigation found that there was disproportionate use of force against African American’s and higher numbers of pull over stops than with any other racial group. The report released by the DOJ also includes recommendations to fix the problem and guides on reformations. See Report.
Oct 22, 2016 12:08 AM
President Obama decides to keep troops in Afghanistan
President Obama has recently released his decision to keep approximately 8,400 troops in Afghanistan to assist local forces and perform anti-terrorism missions. This change will likely require the budget to be adjusted to make room for the money needed for the change. See Article.
Oct 22, 2016 12:05 AM
President Obama continues sanctions lift
On October 7, 2016, President Obama issued an Executive Order terminating the Burma sanctions. This Executive Order implements the President's September 14, 2016 announcement of the intention to lift the sanctions. See Article.
Oct 21, 2016 11:56 PM
Current summary of tax proposals before Congress
With the November elections quickly approaching, author Emily Brock has compiled a summary of the tax proposals that are currently before Congress and the projected effects of each proposal. See Article.
Oct 21, 2016 11:48 PM
Oct 21, 2016 10:32 AM
New Hampshire Business Review
Oct 21, 2016 10:32 AM