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Antitrust Law Daily
  • July 10, 2017

    In a putative class action against a bank that processed payday loans issued by non-party lenders, a consumer failed to allege a plausible claim under the federal RICO statute or New York’s Deceptive Acts and Practices Law, the federal district court in Central Islip, New York, has ruled. The plaintiff failed to plead either a viable association-in-fact enterprise or the...

  • July 07, 2017

    The European Court of Justice has upheld a €61.4 million fine (approximately $70 million) against Toshiba for its participation in a cartel that effectively divided the market share in Europe for gas insulated switchgear projects. The court rejected the contention that the fine did not accurately reflect Toshiba’s reduced level of culpability in the infringement compared to that of its...

Banking & Finance Law Daily
  • July 11, 2017

    Consumer Financial Protection Bureau Director Richard Cordray has spoken out on the bureau’s final rule banning mandatory predispute arbitration clauses that prevent class actions. The rule, adopted as final by the CFPB on July 10, 2017, allows arbitration clauses only if applied to individual claims (see  Banking and Finance Law Daily , July 10, 2017). Cordray, in  prepared remarks ,...

  • July 10, 2017

    The Consumer Financial Protection Bureau has adopted a rule banning mandatory predispute arbitration clauses in consumer financial product contracts if those clauses prevent class actions. Arbitration clauses will be allowed only if their application is restricted to individual claims. The  rule  (which runs 775 pages in draft form) also imposes information reporting duties and disclosure obligations on financial services companies...

Employment Law Daily
  • July 27, 2017

    On the same day that President Trump announced via Twitter that transgendered individuals would no longer be permitted to serve in the U.S. military, the Department of Justice filed an amicus brief in the Second Circuit asserting that Title VII does not include protection against discrimination based on sexual orientation. The move is perhaps another [...]

  • July 27, 2017

    By Lisa Milam-Perez, J.D. The NLRB erroneously held that employees would construe several work rules set forth in T-Mobile’s employee handbooks as obstructing their right to engage in protected, concerted activity, the Fifth Circuit held. However, the Board properly found that a complete ban on workplace recording would give a reasonable employee pause. The appeals court [...]

Health Law Daily
  • July 10, 2017

    A drug manufacturer may be liable under the False Claims Act (FCA) (31 U.S.C. §3729) for alleged false statements to the FDA relating to payments and reimbursements for noncompliant drugs, the U.S. Court of Appeals for the 9th Circuit decided. The court found that a relator properly alleged the drug manufacturer made false claims, that the false statements were known...

  • July 07, 2017

    In a challenge by a group of hospitals to their Medicare administrative contractors’ (MACs’) adjustments to the numerator in the fraction used to determine their eligibility and the amount of reimbursement for disproportionate share hospital (DSH) payments for fiscal years 2006-2009, the CMS Administrator vacated two Provider Reimbursement Review Board (PRRB) decisions, finding that the PRRB had jurisdiction to hold...

Health Reform
  • July 12, 2017

    Small physician practices will get greater flexibility—including the virtual practice and facility-based measurement options and a much higher low-volume threshold—under major changes proposed by CMS for calendar year 2018 of the Quality Payment Program (QPP), which was created under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ( P.L. 114-10 ). The Proposed rule, if finalized, would recommend,...

  • July 11, 2017

    The proposed calendar year (CY) 2018 end-stage rental disease (ESRD) prospective payment system (PPS) base payment rate is $233.31, an increase of $1.76 over the current base rate. CMS’ ESRD PPS Proposed rule would establish this same payment rate for beneficiaries with acute kidney injury (AKI) receiving dialysis treatment. Other major changes include adjustments to the ESRD quality incentive program...

IP Law Daily
  • July 11, 2017

    Leather furniture manufacturer Omnia Italian Design was liable for infringing the STONE CREEK trademark of competitor and former business partner Stone Creek Inc., the U.S. Court of Appeals in San Francisco has ruled. A federal district court correctly found that the Tea Rose—Rectanus defense did not bar Stone Creek’s infringement claim, but it erred in finding that Omnia’s use of...

  • July 10, 2017

    A federal district court erred in determining that pen maker BIC Corporation and its subsidiary, Norwood Promotional Products, were completely protected by the fair use defense from claims that they infringed the trademarks "All-in-One" and "The Write Choice," the U.S. Court of Appeals in San Francisco has held. Mark owner Marketquest Group, Inc.—a producer and seller of promotional products—adequately pleaded...

Products Liability Law Daily
  • July 10, 2017

    A $3 million punitive damages award against Mazda to the driver of a Mazda3 who was injured in a crash was reversed by the Alabama Supreme Court because there was not substantial evidence that Mazda’s conduct had been wanton. However, a $3 million compensatory damages award to the driver was upheld, as well as an award of $3.9 million in...

  • July 07, 2017

    An individual who had been injured while working on a large, industrial machine failed to offer sufficient evidence from which it could be concluded that the machine’s seller had either affirmatively misrepresented the features/safety of the machine’s access door or to educate the finder of fact regarding the reasonable expectations of an ordinary purchaser, the Oregon federal court determined, granting...

Securities Regulation Daily
  • July 10, 2017

    The CFTC’s Division of Market Oversight (DMO) announced the launch of a comprehensive review of the swap data reporting regulations contained in Parts 43, 45, and 49 of the CFTC’s Regulations. In  a staff letter  describing the undertaking, the DMO indicated it will focus on changes to the existing regulations and guidance with three goals in mind: (1) to ensure...

  • July 07, 2017

    The Second Circuit has vacated in part a district court order certifying two classes of claims by holders of securities issued by Brazilian oil giant Petrobras. The district court erred by finding that Rule 23(b)(3)’s predominance requirement was satisfied without considering the need for individual  Morrison  inquiries regarding domestic transactions. The Second Circuit panel affirmed, however, the district court’s ruling...

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