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Antitrust Law Daily
  • April 19, 2017

    Allegations in a consumer class action complaint that an automotive sales training course made false promises regarding costs, certifications, and prospective job placement were sufficient to survive motions to dismiss, according to a federal district court in Los Angeles ( Sloan v. 1st American Automotive Sales Training , April 17, 2017, Wright, O.). Sales training offered "nothing of benefit."  According...

  • April 18, 2017

    Google has agreed to pay about $7.8 million (438,067,400 roubles) to settle a two-year dispute with the Russia’s Federal Antimonopoly Service (FAS Russia) that it violated Russia’s antitrust laws by abusing its search engine market dominance. The settlement will help eliminate the violations of the antimonopoly legislation previously detected by the FAS Russia and will ensure competition on markets of...

Banking & Finance Law Daily
  • April 19, 2017

    The Consumer Financial Protection Bureau has denied a petition to set aside a civil investigative demand (CID) by Seila Law. According to the bureau, none of the objections raised by the law firm warrant setting aside or modifying the CID. The CID was issued for the purpose of determining whether debt relief providers or lead generators "were engaging in unlawful...

  • April 18, 2017

    Is a company that regularly buys defaulted consumer debts and then attempts to collect the debts in its own name a debt collector? One part of 15 U.S.C. §1692a(6) defines "debt collector" for the Fair Debt Collection Practices Act, while another part offers an exclusion from that definition. The interaction between the definition and the exclusion was the focus of...

Employment Law Daily
  • April 24, 2017

    By Kathleen Kapusta, J.D. After concluding that the cat’s paw theory of liability applies to claims of FMLA retaliation, a divided Sixth Circuit found the court below erred in granting summary judgment against the FMLA and ADA retaliation claims of an employee demoted and then fired after taking time off for mental health issues. Fact issues [...]

  • April 24, 2017

    By Marjorie Johnson, J.D. An employee who was given extended medical leave when he was unable to return without medical restrictions at the expiration of his 12-week FMLA leave and then fired upon his return—after management discovered he had posted Facebook photos of himself on the beach and at a theme park while he was out—revived [...]

Health Law Daily
  • April 19, 2017

    There is no basis to alter judgment in a case based upon an agency action that is not referenced in the complaint and did not exist at the time of the judgment, a federal district court held. The court rejected the argument raised by hospitals and a hospital association that the court could rule on the HHS payment policies contained...

  • April 18, 2017

    A whistleblower adequately alleged that between 1997 and 2009, AstraZeneca Biopharmaceuticals, Inc. submitted false claims to Medicare for Seroquel® prescriptions that were prescribed concomitantly with QT/QTc prolonging medications, despite AstraZeneca’s misrepresentation of the risk of drug interaction. Although the court permitted the False Claims Act (FCA) ( 31 U.S.C. § 3729  et seq.  ) misrepresentation claims to proceed, it dismissed...

Health Reform
  • April 21, 2017

    A newly released Treasury Inspector General for Tax Administration (TIGTA) report found that, although the IRS has implemented processes and procedures in an effort to ensure that employers subject to the Employer Shared Responsibility Provision of the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ) could comply with information reporting requirements. However, some of the processes did...

  • April 20, 2017

    To improve the risk pool and otherwise stabilize the individual insurance market, HHS published a Final rule changing several components of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) marketplace enrollment process and administration. The changes include modification of the dates for open enrollment, an enhanced pre-enrollment verification requirement for special enrollment periods (SEPs), alteration of federal requirements...

IP Law Daily
  • April 19, 2017

    All 81 claims of various patents asserted by inventorship and patent licensing company West View Research, LLC ("WVR") in an infringement suit against automobile manufacturers were ineligible for patent protection under 35 U.S.C. §101 because they were directed to an abstract idea and lacked an inventive concept, the U.S. Court of Appeals for the Federal Circuit has held. The claims...

  • April 18, 2017

    The U.S. Court of Appeals in Philadelphia has vacated and remanded a district court’s order holding a distributor of specialty building products liable for approximately $4.05 million in actual damages for infringing trademarks owned by owned by a manufacturer of reflective insulation. The district court abused its discretion in applying an arbitrary reduction to a gross revenue figure in calculating...

Products Liability Law Daily
  • April 19, 2017

    Repeated assurances from a Medtronic, Inc. representative that an implanted spinal cord stimulator was safe for use in light of a patient’s latex and rubber allergies were enough to support a fraud claim, but her manufacturing defect, design defect, and failure to warn claims were preempted, a federal district court in Michigan held ( Canary v. Medtronic, Inc. , April...

  • April 18, 2017

    A federal court using its inherent authority to sanction a party for bad faith conduct by ordering it to pay the other side’s legal fees may award only the fees the innocent party incurred solely as a result of the misconduct, the U.S. Supreme Court unanimously held. The decision reversed and remanded a Ninth Circuit decision upholding a district court’s...

Securities Regulation Daily
  • April 19, 2017

    Thomas Gonnella, a respondent in an SEC administrative case, asked the Second Circuit to hear his petition for review of the Commission’s order imposing $82,500 in penalties plus industry and associational bars related to an alleged stock parking scheme. Gonnella wants the New York-based appeals court, which has a disproportionately heavy load of commercial and securities cases compared to other...

  • April 18, 2017

    In oral argument before the Supreme Court, almost all of the justices expressed some degree of skepticism with the SEC’s position that it is not bound by a five-year statute of limitations when it seeks "disgorgement," or the return of profits under 28 U.S.C. §2462. The SEC contended that venture capitalist Charles Kokesh was required to return $35 million from...

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