LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • March 20, 2017

    A marketer/seller/installer of walk-in bathtubs in the New York and New Jersey area could qualify as a franchise with standing to assert counterclaims against Safe Step Walk In Tub Co. under the franchising laws of those states and Connecticut and Rhode Island, the federal district court in New York City has ruled. Therefore, a motion by Safe Step for dismissal...

  • March 17, 2017

    The U.S. Court of Appeals in Cincinnati upheld an October 2015 FTC Opinion concluding that a plastics additives manufacturer’s express and implied biodegradability claims about one of its products were unlawfully deceptive. Arguments by the company—ECM BioFilms, Inc.—that the decision lacked sufficient evidentiary support with respect to one claim and that the FTC violated its constitutional and procedural rights lacked...

Banking & Finance Law Daily
  • March 20, 2017

    The Dodd-Frank Act provision allowing the Consumer Financial Protection Bureau’s director to be removed only for cause is unconstitutional, but the CFPB should not be eliminated, according to the Department of Justice. In an  amicus curiae  brief  filed in  PHH Corp. v. CFPB , Justice argues that the for-cause termination restriction violates the Constitution’s separation of powers principles but that...

  • March 17, 2017

    The House Financial Services Subcommittee on Monetary Policy and Trade has held a hearing to check in on the Federal Reserve’s treatment of monetary policy. The subcommittee hearing, " Sound Monetary Policy ," is intended to determine whether the Fed has departed from conventional monetary policy, how the Fed can facilitate an orderly return to a conventional balance sheet, and...

Employment Law Daily
  • March 23, 2017

    By Lisa Milam-Perez, J.D. An employee asserting a Title VII retaliation claim is not required to establish but-for causation at the prima facie stage, notwithstanding the Supreme Court’s 2013 Nassar decision, the Third Circuit held. All an employee need do to make a prima facie case is proffer sufficient evidence to raise an inference that her [...]

  • March 23, 2017

    By Marjorie Johnson, J.D. Because performing immunization injections was an essential requirement of a needle-phobic pharmacist’s job which no reasonable accommodation would have allowed him to perform at the time he was discharged, the Second Circuit overturned a substantial jury verdict in his favor. Reversing the district court’s post-trial denial of Rite Aid’s bid to toss [...]

Health Law Daily
  • March 20, 2017

    CMS properly reduced the annual payment update (APU) of a Medicare certified hospice for calendar year 2015 (CY) by two percent for failing to meet the reporting deadline under the requirements of the Hospice Quality Reporting Program (HQRP). The Provider Reimbursement Review Board (PRRB) found that the hospice did not take advantage of CMS resources, including guidance and telephone and...

  • March 17, 2017

    Judgments exceeding $347 million against Salus Rehabilitation, Inc. (Salus) were stayed pending a decision on a renewed motion for judgment as a matter of law. The U.S. District Court for the Middle District of Florida noted that this payment could force the closure of 183 skilled nursing facilities (SNFs) and the stay appropriate, but permitted the relator as well as...

Health Reform
  • March 22, 2017

    HHS Secretary Tom Price, M.D., supports the reconciliation recommendations known as the American Health Care Act, and considers the changes a necessary and important first step in further reforming the U.S. health care system. In a  letter  to the chairs of the House Committees on Energy & Commerce and Ways & Means, Price explained that in his view, the proposed...

  • March 21, 2017

    Addressing persistent racial, ethnic, and other health and health care disparities is necessary to reduce unnecessary health costs in the United States, but the changes being considered to repeal the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ) would increase those disparities. In  Public Witness Day  testimony before the  House Committee on Appropriations  Subcommittee on Labor, Health...

IP Law Daily
  • March 20, 2017

    Plaintiff Mobile Telecommunications Technologies, LLC ("MTel"), which asserted three patents generally related to wireless telecommunications against several defendants, was not required to plead compliance with Section 287 of the Patent Act relating to the limited damages a patent owner who fails to mark their products may recover, the federal district court in Wilmington, Delaware, has decided. In addition, the contention...

  • March 17, 2017

    In a trademark infringement dispute between two Texas oil equipment manufacturing companies using the name "Streamline," a jury’s infringement verdict was supported by sufficient evidence at trial, according to the U.S. Court of Appeals in New Orleans. However, the jury’s damages award was not supported by the evidence and the district court erred by not granting the defendant’s post-trial motion...

Products Liability Law Daily
  • March 17, 2017

    The widow of a former Navy boiler technician can maintain asbestos-related claims against a boiler manufacturer because none of the defenses raised by the manufacturer applied to her claims, a federal district court in Rhode Island ruled in accepting a magistrate judge’s recommendation to deny summary judgment in favor of the manufacturer ( Stevens v. Air & Liquid Systems Corp....

  • March 16, 2017

    Hyundai Motor America has recalled approximately 977,778 2011-2014 Sonata and 2011-2015 Sonata Hybrid vehicles because in the affected vehicles, the seat belt linkages for both front seat belts may detach from the seat belt anchor pretensioners. The company warns that, in the event of a crash, the seat belts detaching from the anchor pretensioners can increase the risk of injury...

Securities Regulation Daily
  • March 17, 2017

    The Division of Corporation of Finance issued advice to Exxon Mobil in early March on three different shareholder proposals dealing with environmental issues, and indicated that the oil giant must include two of the three in its 2017 proxy materials. The company was able to exclude the third proposal only because a substantially similar proposal is already being included in...

  • March 16, 2017

    Some Exchange Act Section 10(b) fraud allegations survived a motion to dismiss a putative class action against a solar energy company over alleged false and misleading public statements about involvement in a Chinese government subsidy program. But the California district court granted leave to amend only some allegations. ( Knox v. Yingli Green Energy Holding Co. Ltd. , March 15,...

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UPCOMING EVENTS

March 26, 2017 7:30 AM -
March 29, 2017 4:30 PM
National Harbor, MD
Wolters Kluwer is proud to once again be a Platinum Sponsor and exhibitor at the HCCA's 21's Annual Compliance Institute in National Harbor, MD! Please stop by Booth #501 to see the latest ComplyTrack and enter to win one of two $100 gift cards!