In late August, the Michigan Court of Appeals ruled in favor of 3M Company’s objection to the rules established by the Michigan Department of Environment, Great Lakes and Energy (EGLE). These regulations were put in place to control the amount of particular per- and polyfluoroalkyl substances (PFAS) in the drinking water supply. This information was…
Legal professionals in the United States and abroad are advised to stay informed of the recent actions undertaken by New York Governor Kathy Hochul. Most notably, Governor Hochul has appealed directly to President Biden, urging him to support asylum seekers in New York State through executive action. Outlined in the governor’s appeals are specific calls-to-action,…
In recent legal news, 3M has agreed to settle hundreds of thousands of lawsuits over its combat earplugs with a $6 billion settlement. Although the company has previously pushed back against similar litigation, this latest development indicates a movement towards resolution. This is a significant order of magnitude in the arena of class action and…
In a significant decision regarding employment law, the Fifth Circuit Court of Appeals expanded Title VII coverage through its ruling on the Hamilton, et al. v. Dallas County case on August 18, 2023. This decision constitutes a reversal of a nearly 30-year old line of precedent. Previously, actionable employment actions under Title VII were constrained…
The U.S. Securities and Exchange Commission (SEC) has recently filed its opening brief in a significant case at the U.S. Supreme Court. They have urged the Supreme Court to reverse a previous ruling by a lower court which, the SEC suggests, could inhibit their power to protect investors from potentially harmful conduct. This case potentially…
The U.S. Court of Appeals for the Sixth Circuit has issued a partial award for attorney fees in favor of a University of Michigan student. This decision comes after the student, identified only as John Doe, alleged that he was denied due process when his transcript was frozen amidst an ongoing investigation into a sexual…
Corporate and legal professionals overseeing 401(k) retirement or welfare plan decisions are likely familiar with the weight carried by the plan document, often the primary reference for guidance when difficult administration questions arise. However, even those experienced in this arena are subject to fallibility when those very terms are neglected, as recent proceedings in the…
The landscape of employment law is continually evolving, and a recent ruling delivered by a traditionally employer-biased appeals court appears to further broaden the scope of what constitutes as discrimination. This development, nestled within the labyrinth of federal and state laws, agency guidance and court rulings that protect employees, was reported by Foley & Lardner…
In a pivotal ruling, the United States Court of Appeals for the Fifth Circuit, which covers jurisdictions in Texas, Louisiana, and Mississippi, recently overruled a long-standing precedent regarding Title VII claims. The Fifth Circuit has differentiated itself through its opinion that, as per the decision, Title VII plaintiffs can display that they were subjected to…
In an era where data breaches are increasingly common, corporations and law firms alike have a responsibility to protect not only their clients’ personal information, but that of their employees as well. Recent legal developments emphasize that employers owe their employees safeguards against potential threats related to private information collected during the course of employment….
A recent decision by the Virginia Court of Appeals saw a firearm conviction nullified on the grounds of reasonable doubt. In this instance, the legal concern hinged on whether the defendant’s pistol was a “center-fire” firearm according to Code § 18.2-287.4. The Virginia Code § 18.2-287.4 places restrictions on the public carrying of specific firearms…
The United States Eleventh Circuit Court of Appeals is currently grappling with an issue surrounding the diversity of sentencing precedents. One of the circuit judges has criticized the current system as being similar to “a crazy quilt” in terms of inconsistency. The judge made these comments in a concurrence with a panel decision that affirmed…
In what could be viewed as a punishing season, the Financial Industry Regulatory Authority (FINRA) seems eager to move beyond the heat of the summer. A series of decisions have conspired to present challenges for the regulatory body, reminiscent of the New York Yankees’ uneasy summer spell. The first substantial blow came in early July…
In a significant precedent involving the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Third Circuit recently overruled a federal district court’s prior ruling on oil rig workers and their entitlements to compensation for time spent changing into and out of protective gear. The case in question is titled Tyger v….
In a recent, highly anticipated decision, the United States Court of Appeals for the Second Circuit confirmed an earlier District Court’s ruling in Kirschner v. JP Morgan Chase Bank. According to the ruling, the syndicated loan disputed in the case is not a security and is, therefore, not subjugated to state and federal securities laws….
In a recent case, Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (ASBCA or the Board) made it clear that a failure on the part of the federal government to include or incorporate the McNamara-O’Hara Service Contract Act (SCA) FAR Clause 52.222-41 (the SCA Clause) in a contract, does…
In a recent decision from the Fifth Circuit Court of Appeals in the case of Hamilton v. Dallas County, a significant change was established regarding the standard for pleading Title VII claims. The court’s ruling determined that plaintiffs no longer need to articulate an “ultimate employment decision” before alleging a claim for disparate treatment under…
In the relentless march of corporate legal landscapes, an impactful decision was handed down by the Second Circuit Court of Appeals on August 24, 2023. In the case Kirschner v. JP Morgan Chase Bank, the court definitively ruled that the syndicate term loans under scrutiny were not to be classified as securities. This ruling is…
In a recent and much-anticipated decision, the US Court of Appeals for the Second Circuit reaffirmed the concept that syndicated term loans are not considered securities under federal laws. The ruling, delivered on August 24, 2023, was upheld unanimously by a three-judge panel, providing further clarity on the issue for both corporations and legal professionals…
On August 24, 2023, the Florida’s Individual Freedom Act (IFA), often referred to as the “Stop-W.O.K.E.” law, found itself under judicial scrutiny again – being deliberated by a three-judge panel from the U.S. Court of Appeals for the Eleventh Circuit Court. The court heard arguments over whether to dissolve a previously enacted injunction that had…
In a recent case, the U.S. Fourth Circuit Court of Appeals tackled the question of what the burden of proof is on employers in exemption claims under the Fair Labor Standards Act (FLSA). Here, just as is always the case, it was the responsibility of the employer to provide evidence for any exemption claimed. However,…
In recent developments, a federal appeals court upheld a Pennsylvania professional conduct rule that prohibits attorneys from intentionally engaging in harassment or discrimination. An attempt to challenge this rule was dismissed on the grounds that the challenging attorney lacked standing, as explained by Judge Anthony Scirica in an opinion for a three-judge panel of the…
In a significant development for the cryptocurrency market in the United States, Grayscale Investments LLC has gained support from a federal court to commence the nation’s first Bitcoin exchange-traded fund (ETF). This ruling recognizes as transformative for the crypto sphere, as it sets in motion the possibility of easier access to billions of dollars from…
In an important development regarding the False Claims Act (FCA), the 10th U.S. Circuit Court of Appeals recently upheld a district court’s decision after a jury verdict was in favor of an employee. The court found that Parker-Migliorini International (PMI) had violated the FCA by retaliating against an employee named Brandon Barrick who had engaged…
The U.S. Supreme Court recently declined to review a California Appeals Court ruling related to the State Water Resources Control Board’s duty to limit waste and unreasonable use of water usage. This ruling highlights the “highly discretionary” nature of the State Water Board’s responsibilities. The case originated when the California State Water Board was accused…