The regulatory fabric of modern American healthcare policy is witnessing noticeable changes, chiefly in the area of prior authorization reform. The metaphor of wind, often adeptly utilized by Bob Dylan, a Nobel laureate and one of America’s most celebrated songwriters, in his songs, accurately captures these subtle yet significant shifts happening in the sector. Modeled…
The Ninth Circuit recently affirmed the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, sparking discussion among legal experts about the public interest exemption. In question is the precedent set by the Ninth Circuit that denial decisions under the anti-SLAPP law are appealable, the validity of which was questioned by…
The ongoing copyright lawsuit between legal research giant Thomson Reuters (TR) and legal research startup Ross Intelligence is one that many in the legal professions have been closely following. TR alleges that Ross leveraged copyrighted content from Westlaw, a function of TR’s complexities, to create its competing legal research product. The overseeing judge for this…
In a recent ruling, the Arizona Court of Appeals established that an office worker’s death from COVID-19 could qualify for workers’ compensation, provided statutory requirements are satisfied. This decision is in direct response to the case of Kenneth Zerby, a design engineer who succumbed to the disease while working for Western Millwork in October 2020….
A recent ruling by the Tenth Circuit Court of Appeals carries significant implications across the West for air permitting. A three-judge panel, which was divided in its decision, vacated and remanded the EPA’s approval of Colorado’s state implementation plan (SIP). This decision was predicated on the state’s SIP exclusion of temporary sources of air emissions…
The Massachusetts Appeals Court recently bypassed a trial court’s entry of summary judgment that favored Wesco Insurance Co. during an insurance dispute. The case has been remanded, with instructions for dismissal due to insufficient personal jurisdiction over the complaint. Law.com reports on this development. The original plaintiff, D.F. Pray, is a general contractor who was…
The future of remote work has been a hot topic amid the pandemic. Recently, a lawsuit based around this very subject reached a pivotal point at the Seventh Circuit Court of Appeals. Involving an employee and a hospital, the case examines whether remote work is always a reasonable accommodation under the Americans with Disabilities Act…
In a recent ruling, the Court of Appeals for the Federal Circuit overturned a final written decision by the Patent Trial and Appeal Board (“PTAB”) that Apple Inc. had failed to meet its burden of proving unpatentability. The original judgment was due to an alleged error in Apple’s expert declaration in a case against Corephotonics,…
The ability to define and protect trade secrets is a cornerstone of effective business strategy. The recent judgement by the US Court of Appeals for the First Circuit has offered some clear guidelines on what can be considered as trade secrets. In Allstate Insurance Co. v. Fougere, Case No. 22-1258, the court upheld a district…
In a noteworthy verdict, the U.S. Court of Appeals for the District of Columbia Circuit confirmed the dismissal of an antitrust suit on August 25, 2023. The lawsuit, initially brought by the Federal Trade Commission (FTC), was against Endo Pharmaceuticals’ exclusive patent license for its drug, Opana ER – an extended-release version of oxymorphone –…
The US Court of Appeals for the Third Circuit recently upheld a district court’s decision stating that a candymaker cannot trademark the shape and colors of watermelon candies. The court’s decision hinges on the fact that the combined colors and shape of the candies perform a functional role — they signal to consumers that the…
In a recent case concerning the Patent Trial & Appeal Board’s application of the field of endeavor and reasonably pertinent tests for determining analogous art, the US Court of Appeals for the Federal Circuit provided valuable clarity The Court ruled that the Board should not have required a petitioner to precisely articulate the relevant field…
In a distinct turn of events, the Ninth Circuit Court of Appeals held in a recent decision that employees may be able to validate a claim of a hostile work environment on the basis of regular exposure to violent and misogynistic music (JD Supra). The ruling asserts that such lawsuits could be entertained even when…
In an overriding development in Maryland’s corporate law landscape over recent years, the Supreme Court of Maryland has overruled a previous distinction between a director’s managerial and non-managerial duties, echoing that the Maryland General Corporation Law (MGCL) is the definitive measure of director duties. This legal shift stems from a family dispute involving a 28%…
In a recent development, the Federal Arbitration Act’s (FAA) “Transportation Worker” exemption has not been deemed applicable to contracts between businesses. According to a report published on JD Supra, this results from a dispute that occurred between Amazon and one of its “delivery service partners.” Amazon, post this dispute, sought to compel arbitration following an…
In a notable ruling delivered on September 13, 2023, the U.S. District Court for the Southern District of Texas declared the Deferred Action for Childhood Arrivals (DACA) final rule as unlawful. Originally instituted in 2012, DACA aims to safeguard specific undocumented immigrants who were brought into the United States during their childhood from deportation, whilst…
The U.S. Court of Appeals for the Fifth Circuit has directed that an inquiry be conducted into an alleged close friendship between a federal magistrate judge and the lead attorney of the plaintiff in a business dispute. This dispute previously led to a sizable bench award of $124.5 million. (National Law Journal) For further investigation,…
For health care organizations, navigating the legal complexities following a Medicare audit can be a demanding task. Over the past decade, due to a huge backlog of claims pending in front of administrative law judges (ALJs), many institutions may have faced significant setbacks in the Medicare appeals process. In an effort to tackle this issue,…
In a significant shift for workers’ rights, U.S. Court of Appeals for the Fifth Circuit has recently declared that under Title VII of the Civil Rights Act, plaintiffs need not allege discrimination with respect to an “ultimate employment decision” in order to survive a motion to dismiss. This ruling, overturning precedent, has consequent implications for…
In a recent appeal case, Derian, Inc., ASBCA No. 62957 (August 25, 2023), the Armed Services Board of Contract Appeals (ASBCA) gave a detailed explanation on the correct approach to pricing a deductive change order. Additionally, they clarified what type of evidence should be presented to determine the amount required by a deductive change. The…
A recent example has highlighted the continuous evolution of the interpretation of federal post-conviction laws. Florida man Louis Clements, placed on the state’s sex-offender registry for life in 2008, is arguing that he is considered “in custody” under these laws due to the extensive restrictions he faces as a registered sex offender. If successful, this…
The state of Washington’s Court of Appeals recently reaffirmed the dismissal of a legal challenge regarding the handling of the 2020 general election across eight counties in Washington. However, the court refrained from assigning attorney fees related to the filings to the counties concerned. Issues over the validity of the 2020 general election results have…
In a turn of events that could potentially change the landscape of discrimination claims, the Fifth Circuit Court of Appeals has altered its stance. As of August 18, 2023, the Court, which oversees cases in Texas, Louisiana, and Mississippi, has abandoned its long-held interpretation that for a discrimination claim to be in violation of Title…
In a recent significant development, a federal court in the Northern District of California granted a preliminary injunction in NetChoice v. Bonta, blocking the enforcement of the California Age-Appropriate Design Code (“Code”). The controversial Code was secheduled to come into effect on July 1, 2024. The successful injunction represents a substantial victory for NetChoice against…
The US Court of Appeals for the Federal Circuit suspended Circuit Judge Pauline Newman from her duties for one year due to her refusal to undergo medical evaluations. This refusal was seen as an issue, as there have been concerns over her ability to perform adequately as a judge. Earlier this year, Chief Judge Kimberly…