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Antitrust Law Daily
  • February 15, 2017

    Image Media Advertising, Inc. and the Village of Bellwood, Illinois, were granted dismissal of First Amendment and Sherman Act claims by the federal district court in Chicago. Paramount Media Group, Inc. was unable to establish standing to assert claims that Bellwood’s outdoor sign ordinance violated the First Amendment. The court noted that, even if Paramount had standing, the sign ordinances...

  • February 14, 2017

    Health insurance carrier Anthem, seeking to appeal a February 8 federal district court order enjoining its proposed merger with health insurance carrier Cigna, should have its appeal expedited due to the potential for irreparable harm should a decision on the merits occur after a looming April 30 merger agreement termination date, Anthem has argued to the Court of Appeals in...

Banking & Finance Law Daily
  • February 15, 2017

    Federal Reserve Board Chair Janet L. Yellen appeared before a full hearing of the Senate Committee on Banking, Housing, and Urban Affairs to present her semi-annual report on the nation’s economic situation and outlook. In this mandated “Humphrey-Hawkins” testimony, she presented and discussed the Fed’s semiannual Monetary Policy Report . According to Yellen’s testimony , the economy has continued to...

  • February 14, 2017

    A U.S. district judge should not have ordered defendants convicted of mail fraud to pay Bank of America $893,015 in restitution without considering the bank’s responsibility for its losses, the U.S. Court of Appeals for the Seventh Circuit has decided. The judge was told he should consider whether fining the defendants in the same amount would be a better choice...

Employment Law Daily
  • February 17, 2017

    By Kathleen Kapusta, J.D. Small differences in work history, qualifications, or prior work experience were not enough to find that four male coworkers were not similarly situated to a lower paid female employee for purposes of her Title VII disparate pay claim, a federal district court in Illinois determined on summary judgment. Finding fact issues as [...]

  • February 17, 2017

    By Dave Strausfeld, J.D. A radiology technologist may proceed to trial on his claims that he suffered retaliation for complaining of age discrimination, held a federal district court in New Jersey. Because his most recent performance evaluations rated him “exceeds expectations,” a reasonable jury could find that he was placed on a performance improvement plan for [...]

Health Law Daily
  • February 15, 2017

    The HHS Office of Inspector General (OIG) conducted a series of reviews of claims submitted for Medicaid reimbursement by the New York State Department of Health (NYSDH) for dental services billed by two dentists and determined that in both practices, non-compliance issues resulted in unallowable reimbursements totaling $166,000. In both cases, one involving a Westchester County dentist and the other...

  • February 14, 2017

    Consumer claims that Odwalla, Inc. and The Coca-Cola Company used misleading labels to describe evaporated cane juice (ECJ) as juice rather than sugar were allowed to proceed. A California district court found no support in the food companies’ argument that federal law preempted a state law incorporating federal labeling requirements for sugar based on agency guidance documents related to ECJ....

Health Reform
  • February 17, 2017

    For the second time in less than 20 days, the proposed joinder of two health insurance giants was stopped by the courts. In an opinion that is temporarily under seal to allow the parties to review for confidentiality, Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia found that Anthem, Inc.’s proposed acquisition of Cigna...

  • February 16, 2017

    Representative Tom Price (R-Ga) was confirmed as the new HHS Secretary on the morning of February 10, 2017, in a narrow Senate vote of 52-47. The physician faced considerable scrutiny from Democratic senators, who honed in not only on his hopes to change Medicare and Medicaid to reduce spending growth, but also his personal investments and ethical history. Senators  voted...

IP Law Daily
  • February 15, 2017

    Personal jurisdiction over German non-practicing entity Papst Licensing GmbH & Co. KG was proper in California, and a federal district court in San Jose should not have dismissed an action brought against Papst by Xilinx, Inc., seeking a declaratory judgment of noninfringement of two Papst patents related to electronics memory tests, the U.S. Court of Appeals for the Federal Circuit...

  • February 13, 2017

    A federal district court’s determination that Iowa State University officials violated the First Amendment rights of two students by refusing to approve use of the university’s trademarks on t-shirts incorporating a marijuana leaf design has been affirmed by the U.S. Court of Appeals in St. Louis. The students—who were president and vice president of the ISU chapter of the National...

Products Liability Law Daily
  • February 15, 2017

    Nine 2014 Chevrolet Cruze owners may bring a putative class action alleging deceptive advertising, breach of contract, and fraudulent concealment claims under the laws of 30 states against General Motors for installing a "defeat device" to enable the diesel-fueled cars to pass emissions tests even though they produce significantly higher emissions in real-world driving, a federal district court in Michigan...

  • February 14, 2017

    The Subcommittee on Digital Commerce and Consumer Protection, chaired by Rep. Bob Latta (R-Ohio), held a hearing on Tuesday to continue exploring the potential of self-driving cars. The purpose of the  hearing  was to allow the members to learn more about the safety benefits of self-driving cars, the testing of these automated technologies, and the projected timeframe for deployment. The...

Securities Regulation Daily
  • February 15, 2017

    In a presentation to the SEC’s Advisory Committee on Small and Emerging Companies, the chair and the vice-chair of the American Bar Association’s State Regulation of Securities Committee suggested different options to address the lack of secondary market liquidity for Regulation A Tier 2 and non-exchange listed companies. Vice-Chair Richard Alvarez said that secondary market liquidity will never be fully...

  • February 14, 2017

    President Trump signed a joint Congressional resolution that disapproves the SEC’s resource extraction issuers rule. The Commission adopted the Dodd-Frank Act-mandated rule last summer which, under the timing provisions of the Congressional Review Act, made the rule eligible for a second look by lawmakers. This was the first time Trump has signed CRA legislation, according to a  transcript  of the...

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