Regulation

The Legal Intelligencer |Case Digests

Factor v. Dept. of Transp., Bureau of Driver Licensing

December 18, 2018

Suspension of driver's license for refusal to submit to chemical testing was not unconstitutional because it was a civil remedy that was not so punitive in nature as to rise to the level of a criminal penalty. Order of the trial court affirmed.

New York Law Journal |News

Mahanna, NY AG Chief of Staff, Set to Join Wilmer as Partner

Dan M. Clark | December 17, 2018

Brian Mahanna, who also once served as senior adviser to former New York City Mayor Michael Bloomberg, will be a member of the firm's Regulatory and Government Affairs Department, where he will help clients manage high-profile crises and other challenges involving regulators.

Texas Lawyer |Commentary

Facing 'Drive-By' or 'Surf-By' ADA Website Lawsuits

Steve Roppolo | December 17, 2018

The recent passing of former President George H. W. Bush was an opportunity for Texans to look back on his career of public service with pride. One…

Legaltech News |News

New Financial Order: How 5 Countries Addressed Cryptocurrency in 2018

Frank Ready | December 17, 2018

The year 2018 has been a big one for the regulation of virtual currencies. Here's a look at how countries such as Malta, Hong Kong, Malaysia, Australia and South Korea are approaching their cryptocurrency markets.

New Jersey Law Journal |Commentary

Cheers to Court's Free Speech Ruling on 'BYOB'

Law Journal Editorial Board | December 17, 2018

It is hopefully just a matter of time before the state's outmoded and monopolistic system of liquor regulation goes the way of taxi medallions did in the face of competition from Uber and Lyft.

Daily Business Review |Commentary

It's Not About Politics: The Rights Afforded to Undocumented Employees Hurt at Work

Amy Siegel Oran | December 16, 2018

When undocumented workers get hurt on the job, their illegal status doesn't make them ineligible for workers' compensation benefits, but, it may limit the benefits to which they are entitled.

New York Law Journal |

U.S. Sports Betting Expansion: Nine Ways to Mitigate Legal and Regulatory Exposure

Michael J. Carter and Michael E. Liftik | December 14, 2018

Legalized gambling, in all forms, requires a significant amount of oversight and resources to ensure operators, players, and the public are protected. Regulators will be watching for a variety of issues including consumer protection, data protection, money laundering, and sanctions concerns.

Litigation Daily |News

Gibson Dunn Fee Petition Highlights DOJ's Switched Position in SCOTUS

Marcia Coyle | December 14, 2018

"In short, the government dug in its heels all the way to the end, and lost it all," Gibson Dunn said in its fee petition in the D.C. Circuit, where the firm was pro bono in a case challenging the appointment of SEC administrative law judges.

National Law Journal |News

Gibson Dunn Fee Petition Puts New Focus on DOJ Switched Position in SCOTUS

Marcia Coyle | December 14, 2018

"In short, the government dug in its heels all the way to the end, and lost it all," Gibson Dunn said in its fee petition in the D.C. Circuit, where the firm was pro bono in a case challenging the appointment of SEC administrative law judges.

New York Law Journal |News

Debevoise Picked Up New York Knicks Owner's FTC Fine for Deadline Foul

C. Ryan Barber | December 14, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.

Law.com |

Higher Law: On Marijuana, Is Barr Better? | Big Law's M&A Work | Pot & Pilot Licenses: Yes, There's a Case

Cheryl Miller | December 13, 2018

Two Am Law 100 firms were involved in a mega-deal in the cannabis space. We've got the latest on California regulations, and scroll down for some early thinking on William Barr, the U.S. attorney general nominee. This is Higher Law—thanks for reading!

The Legal Intelligencer |Commentary

Buying a Drone This Holiday Season? What to Know About New Drone Laws

John Rafferty | December 13, 2018

Whether you're shopping for drones this holiday season or embarking upon a new project with one in 2019, make sure you are up to date on new drone regulations going into effect in just a few weeks.

National Law Journal |News

Debevoise Picked Up New York Knicks Owner's FTC Fine for Deadline Foul

C. Ryan Barber | December 13, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.

Litigation Daily |News

Debevoise Pick Up New York Knicks Owner's $600K FTC Fine for Deadline Foul

C. Ryan Barber | December 13, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.

Legaltech News |Analysis

SEC Tool Could Test Executive Online Impulse Control

Thomas A. Sporkin and Ian Acker, Buckley Sandler | December 13, 2018

With a tool to help the SEC monitor online activity imminent, executives should learn what not to do on social media and institute company policies and procedures to mitigate social media risk.

Law.com |

Labor of Law: Moonves Leaks Rile CBS Board | Ex-Tesla Employee Forced to Arbitrate | NLRB Names New Solicitor | Plus: Around the Water Cooler

Erin Mulvaney | December 13, 2018

Leaks from the Les Moonves misconduct investigation put Debevoise and Covington in the glare of the CBS Board. Plus: the NLRB has named a new solicitor, and Jones Day's in the spotlight for management-side advocacy as more newsrooms move to unionize. Scroll down for Who Got the Work, and more. Thanks for reading!

New York Law Journal |News

DFS Fines Health Insurers $2.5 Million for Deadline, Complaint Failures

Dan M. Clark | December 12, 2018

The consent orders are the result of two market conduct examinations performed by the agency between the beginning of 2012 and the end of 2015.

Daily Business Review |News

Beshears, 'Champion for Dereguation,' to Lead Regulatory Agency

Jim Turner | December 12, 2018

Rep. Halsey Beshears, a Monticello Republican, was selected by Gov.-elect Ron DeSantis to lead the state Department of Business and Professional Regulation.

Legaltech News |Analysis News

Privacy Laws Could Provide Blueprint for Approach to Facial Recognition Legislation

Frank Ready | December 12, 2018

Brad Smith, president of Microsoft, published a blog post calling for federal regulations on facial recognition technology. Existing statutes of privacy my have formed a basis for future legislation—but is that a good thing?

National Law Journal |

Former $1M+ Allen & Overy Partner Gets Trump Nod to Lead Commodities Agency

Mike Scarcella | C. Ryan Barber | December 12, 2018

The former clerk to Justice Clarence Thomas would succeed J. Christopher Giancarlo at the helm of CFTC, which ever more is asserting its regulatory voice in the cryptocurrency arena.

Law.com |Analysis

Compliance Hot Spots: Clayton's Con Law Class | Beware the State AGs | Who Got the Work, and All the Moves

C. Ryan Barber | December 11, 2018

SEC Chairman Jay Clayton defends "no admit, no deny" settlements, state AGs are on the prowl, and scroll down for Who Got the Work. Thanks for reading!

National Law Journal |News

Justice Dept. Frets About Kavanaugh Recusal in Challenge to CFPB's Power

Marcia Coyle | December 11, 2018

"Particularly for a question of this magnitude, the court may wish to wait for a vehicle in which all nine justices are likely to participate," Jeffrey Wall, the acting U.S. solicitor general, said in a brief in a case where newly confirmed Justice Brett Kavanaugh would recuse.

Litigation Daily |News

DOJ Frets About Kavanaugh Recusal in Challenge to CFPB's Power

Marcia Coyle | December 11, 2018

"Particularly for a question of this magnitude, the court may wish to wait for a vehicle in which all nine justices are likely to participate," Jeffrey Wall, the acting U.S. solicitor general, said in a brief in a case where newly confirmed Justice Brett Kavanaugh would recuse.

Legal Week |News

Taylor Wessing launches fee-transparent tool to help navigate new FCA rules

Andrew Messios | December 11, 2018

Online tool provides pricing details for firm's help with Senior Managers and Certification Regime

Legaltech News |Commentary

Sticking a Hand in the Internet Cookie Jar: The COPPA Risks of the IoT

Jeff Higel, Swiss Re; Michael Bahar, Eversheds Sutherland and Mike Nelson, Eversheds Sutherland | December 11, 2018

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their 'smart' products.

Daily Business Review |News

Federal Appeals Court Gives State Win in Seminole Tribe Tax Dispute

Jim Saunders | December 11, 2018

A three-judge panel of the U.S. Court of Appeals for the 11th Circuit on Friday upheld a lower-court decision that dismissed a lawsuit filed by the tribe against the Florida Department of Revenue.

National Law Journal |News

Supreme Court Tees Up Major Challenge to Power of Federal Regulators

Tony Mauro | December 10, 2018

The court's action could also signal its future interest in reviewing the "Chevron" doctrine, which called for judicial deference to agency interpretations, also a nemesis for conservatives.

Legal Week |Q&A Features

Latham's London finreg foray – a two-year progress report

Hannah Roberts | December 07, 2018

US firm's nascent financial regulation team on strategy, Brexit and expansion plans

The Legal Intelligencer |Commentary

The Trump-Manafort Joint Defense Agreement: Urban Legend or Reality?

Ellen C. Brotman | December 07, 2018

What is a JDA? What protections does it provide to its members? What Rules of Professional Conduct govern it? How is the JDA affected by the subsequent cooperation of one of its members?

Daily Report Online |News

Rural Legislators Look to Help Farm Wine Flow

Katheryn Tucker | December 06, 2018

Vineyards in Georgia can't sell their own wine without battling competition to become distributors. Then they have triple-deck paperwork. Rural legislators want to make it easier for wine makers to succeed, they say.

New York Law Journal |News

Report: Cuomo Considering Replacing NY's Top Financial Regulator

Dan M. Clark | December 06, 2018

A report said Cuomo is considering replacing Maria Vullo as head of the Department of Financial Services with Linda Lacewell, who currently serves as his chief of staff.

The Legal Intelligencer |Commentary

Montgomery County's New Custody Procedure Emphasizes Child Stability

Aaron D. Weems | December 06, 2018

Montgomery County's goal is to decrease the time between a petitioner's filing date and the issuance of a final custody order and foster a system where each stage of the process can be a meaningful opportunity for resolution.

Litigation Daily |News

DOJ's Push to Revive AT&T Case Hits Skeptical DC Circuit Panel

C. Ryan Barber | December 06, 2018

AT&T, represented by Sidley Austin partner Peter Keisler, defended the Washington trial judge's ruling and argued the Justice Department's case was based on flimsy economic modeling.

National Law Journal |News

Justice Department's Push to Revive AT&T Case Hits Skeptical DC Circuit Panel

C. Ryan Barber | December 06, 2018

AT&T, represented by Sidley Austin partner Peter Keisler, defended the Washington trial judge's ruling and argued the Justice Department's case was based on flimsy economic modeling.

New York Law Journal |Analysis

Immigration in Flux

David E. Schwartz and Risa M. Salins | December 06, 2018

Labor Relations columnists David E. Schwartz and Risa M. Salins discuss changes to immigration regulations could have significant impact in the employment context.

The Legal Intelligencer |Commentary

Partially Disputed Claim Is a Bona Fide Dispute and Cannot Support Involuntary Bankruptcy

Kristie Rearick | December 06, 2018

One assumes that the decision to file a bankruptcy case is made by the debtor. However, a bankruptcy case can be commenced “against” the debtor by creditors. Given the serious implications for the debtor and its business of being forced into bankruptcy, the Bankruptcy Code limits who can attempt to place a debtor into bankruptcy.

Legal Week |Analysis

African Legal Awards 2018: Competition and Regulatory Team of the Year: ENSafrica

Legal Week | December 06, 2018

Full details of the Competition and Regulatory Team of the Year category at the African Legal Awards 2018

Law.com |

Labor of Law: Artificial Intelligence & Discrimination | Minimum-Wage First for Ride-Hail Drivers | KPMG Defeats Gender Class | Who Got the Work

Erin Mulvaney | December 06, 2018

NYC passes a minimum-wage first for ride-hail drivers, KPMG beats class certification in a discrimination case, and advocates and lawmakers are sounding alarms on the potential discriminatory problems of artificial intelligence. This is Labor of Law—and thanks for reading!

The Recorder |News

Employers Face Open Questions After Landmark 'Dynamex' Labor Ruling

Erin Mulvaney | December 05, 2018

The California Supreme Court's decision rattled companies and forced state and federal courts to grapple with unresolved, consequential questions. Meanwhile, plaintiffs attorneys find themselves with more leverage in suits challenging employment practices.

Litigation Daily |News

AT&T Argument Pits DOJ Antitrust Newcomer vs. Sidley's Star Appellate Vet

C. Ryan Barber | December 05, 2018

The U.S. Justice Department's advocate, Michael Murray, who recently joined the antitrust division, made his D.C. Circuit argument debut in September. He's going up against Peter Keisler, the Sidley Austin appellate veteran.

National Law Journal |News

AT&T Argument Pits DOJ Antitrust Newcomer vs. Big Law Appellate Vet

C. Ryan Barber | December 05, 2018

The U.S. Justice Department's advocate, Michael Murray, who recently joined the antitrust division, made his D.C. Circuit argument debut in September. He's going up against Peter Keisler, the Sidley Austin appellate veteran.

Legaltech News |Analysis News

U.S. Unlikely to Draw Much Inspiration from Malaysia's Cyrptocurrency Efforts

Frank Ready | December 05, 2018

Malaysia's finance minister Lim Guan Eng recently announced that the country would be unveiling regulations for cryptocurrency exchanges and initial coin offerings, but it probably won't have much impact on the United States' approach.

National Law Journal |News

Ex-CFPB Official Resists 'Fishing Expedition' Deposition in Student Loan Suit

C. Ryan Barber | December 05, 2018

Seth Frotman, the CFPB's former student loan ombudsman, said the deposition would set a “bad precedent” that would deter people from taking government posts.

New Jersey Law Journal |News

Debt Collector Settles States' Robo-Signing Claims, Promises $1.85M in Relief for NJ

Katheryn Tucker | December 05, 2018

Attorneys general from 41 states, including New Jersey, announced that they reached a settlement with debt buyer and collector Encore Capital Group Inc., and subsidiaries Midland Credit Management Inc. and Midland Funding.

The Recorder |Case Digests

Federal Trade Commission v. AMG Capital Management, LLC

December 05, 2018

FTC Act authorized order compelling defendant to pay $1.27 billion in equitable monetary relief

Law.com |

Compliance Hot Spots: Rosenstein's White-Collar Comforting | Go, Ahead Take Some Risks! | Who Got the Work, and More

C. Ryan Barber | December 04, 2018

US Deputy Attorney General Rod Rosenstein's making waves on the white-collar front—what it all means. Plus: federal agencies issue guidance on testing new technology and prior compliance failures. A US physicist is suing Treasury over his "Russian oligarch" designation, and scroll down for Who Got the Work and our latest roundup of moves.

Daily Report Online |News

AG Announces Settlement With Debt Collector

Katheryn Tucker | December 04, 2018

Attorney General Chris Carr says the settlement requires Midland to completely eliminate or reduce the judgment balances of approximately 5,136 Georgia consumers for a value of $8.73 million.

Daily Business Review |Commentary

Testifying Remotely May Soon Be Easier if Proposed Rule Changes Are Approved

Miguel J. Chamorro | December 04, 2018

Growing confidence in the use of real-time communications equipment to take the testimony of witnesses located elsewhere has generated proposed amendments to Florida's rules of court procedure that may incentivize the use of such equipment—by allowing witnesses to be sworn in remotely.

Supreme Court Brief |

Shanmugam Trumps Srinivasan | SG Gets Rare Deadline | Justices' Familiar Phrases

Tony Mauro | Marcia Coyle | December 04, 2018

Williams & Connolly partner Kannon Shanmugam makes a record-breaking argument Tuesday at the US Supreme Court, and did you see the rare deadline the justices gave the US solicitor general's office? Thanks for reading Supreme Court Brief.

National Law Journal |News

Treasury's 'Russian Oligarch' Label Was Lifted From Forbes Report, Suit Claims

C. Ryan Barber | December 03, 2018

While Valentin Gapontsev has not been formally sanctioned, his lawyers at Norton Rose Fulbright alleged his listing as a Russian oligarch has come with reputational harm.

National Law Journal |News

CVS-Aetna Judge, Airing Concerns, Cautions Against Quickly Combining Operations

C. Ryan Barber | December 03, 2018

U.S. District Judge Richard Leon said it would be “more than reasonable” for CVS and Aetna to keep their businesses separate while he reviews the acquisition. Leon on Monday appointed a monitor in connection with the deal, whose completion was executed last week.

Litigation Daily |News

CVS-Aetna Judge Cautions Against Quickly Combining Operations

C. Ryan Barber | December 03, 2018

U.S. District Judge Richard Leon said it would be “more than reasonable” for CVS and Aetna to keep their businesses separate while he reviews the acquisition. Leon on Monday appointed a monitor in connection with the deal, whose completion was executed last week.

Slideshow

Legaltech News |Slideshow

7 Major Players That Could Shape Federal Cybersecurity Standards

Rhys Dipshan | December 03, 2018

Anticipating action on the federal level, some in the private sector, government and even outside the U.S. are trying to influence what federal cybersecurity standards should entail. But consensus may be hard to come by.

The American Lawyer |Commentary

In Contentious International Climate, Trade Law Isn't Just for the Specialists

Milos Barutciski | December 03, 2018

President Donald Trump's actions have sown uncertainty into the world of trade law, opening up opportunities for more lawyers to get involved.

New Jersey Law Journal |Commentary

Alcotest Ruling Highlights Importance of Scientific Evidence

Law Journal Editorial Board | November 30, 2018

The careful scientific analysis undertaken by the special master and adopted by the court is especially important in this state, and reminds us of the importance of science and scientific analysis in today's world where scientific evidence is too often ignored.

National Law Journal |News

Religious Worker Protections Remain Unsettled in Post-'Abercrombie' Era

Erin Mulvaney | November 30, 2018

A recent split panel ruling in the U.S. Court of Appeals for the Eighth Circuit narrowed the avenues a worker can take to fight alleged religious-protection violations. The case highlighted the unsettled landscape for companies, their employees and the courts.

New York Law Journal |News

NY AG Announces Probe of Marriott Data Breach and Its Failure to Report Incident

Dan M. Clark | November 30, 2018

A spokeswoman for Underwood's office confirmed Friday morning that they were looking into the breach and that the company may have violated state law by not notifying the attorney general of the incident.

Legal Week |News

SRA investigates sexual harassment allegations against former Reed Smith partner

Hannah Roberts | November 30, 2018

Regulator investigating claims made against partner dismissed by firm last year

International |News

Former Reed Smith Partner Under Investigation for Sexual Harassment Allegations in UK

Hannah Roberts | November 30, 2018

The Solicitors Regulation Authority is investigating claims made against a partner who was dismissed by the firm last year.

Legaltech News |News

Boxer Floyd Mayweather, Producer DJ Khaled Settle Claims of Failing to Disclose ICO Promotions

Dan Clark | November 30, 2018

The SEC announced on Thursday that it has settled separate allegations that boxer Floyd Mayweather, Jr. and hip-hop producer DJ Khaled failed to disclose promotional payments from initial coin offering issuers.

The Recorder |News

Jina Choi, Head of SEC's SF Office, Will Step Down After 16+ Years With the Agency

Ross Todd | November 29, 2018

During her tenure, the San Francisco office has brought enforcement actions against Tesla, Theranos, Yahoo and other companies.

The Recorder |

Grubhub Trial Judge Leaves Big Labor Question Unresolved Amid 'Dynamex' Dust-up

Erin Mulvaney | November 29, 2018

U.S. Magistrate Judge Jacqueline Scott Corley says the California Supreme Court's big worker classification ruling raises substantive questions, but she declined to make any formal decision on applying it retroactively.

National Law Journal |News

READ: James Comey Just Went to Court to Quash House Subpoena

Ellis Kim | November 29, 2018

Comey and former Attorney General Loretta Lynch both face subpoenas from House Republicans.

The Recorder |Analysis

Who Cares About an Empty Chair? Why Some Companies Opt Not to Send the CEO to Testify

Caroline Spiezio | November 29, 2018

Google and Facebook both declined to send their CEOs to testify at high profile regulatory hearings this year—leaving an empty chair at the witness table. In some cases, companies may feel there's no choice but to have a CEO skip. But that's not an easy decision to make.

National Law Journal |

Rod Rosenstein Expands Power to Give Cooperation Credit in White-Collar Cases

C. Ryan Barber | November 29, 2018

"The most important aspect of our policy is that a company must identify all wrongdoing by senior officials, including members of senior management or the board of directors, if it wants to earn any credit for cooperating in a civil case," Rosenstein said Thursday in remarks in Washington, D.C.

The Legal Intelligencer |Case Digests

Bucks Co. Serv., Inc. v. Philadelphia Parking Auth. et al

October 30, 2018

The trial court erred in holding that the jurisdictional agreement between the Pennsylvania Public Utility Commission and the Philadelphia Parking Authority violated the plaintiff taxicab operator's substantive due process rights but correctly applied the Tire Jockey test to hold that certain challenged regulations governing plaintiffs were unreasonable. The high court reversed in part and affirmed in part.

Delaware Law Weekly |Case Digests

Delaware Bd. of Nursing v. Francis

October 17, 2018

State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.

The Legal Intelligencer |Case Digests

King v. Bureau of Prof'l & Occupational Affairs

October 16, 2018

Board abused discretion in revoking professional licenses based on remote criminal conduct, separated by years of compliance with rehabilitative efforts and gainful employment, based on speculation licensee could pose a risk to members of the public. Order of the State Board of Barber Examiners reversed.

Texas Lawyer |Case Digests

City Of Fort Worth v. Rylie

October 15, 2018

Appellees are "the Operators" of electronic gaming machines known as "eight liners" at various Fort Worth locations.

Connecticut Law Tribune |Case Digests

Grand River Enter. Six Nations LTD v. Sullivan

October 08, 2018

Motion To Dismiss Granted Against Due Process Claim Under §4-28m(a)(3) Reconciliation Requirement

The Legal Intelligencer |Case Digests

Walker v. Sam's Oyster House, LLC

October 02, 2018

ADA claim arising from accessibility issues of website dismissed because website was not a "place of public accommodation" and because plaintiff had not pled he was prevented from patronizing the physical location advertised by the website but for the alleged accessibility issues on the website. Motion to dismiss granted.

Connecticut Law Tribune |Case Digests

U.S. Bank N.A. v. Eichten

October 01, 2018

Genuine Issues of Material Fact As to Lender's Alleged Noncompliance With HAMP Precluded Summary Judgment

Daily Report Online |Case Digests

Sweet City Landfill, LLC et al. v. Elbert County et al.

September 25, 2018

Court affirms dismissal of land fill operator's challenge to county's waste disposal ordinance

The Legal Intelligencer |Case Digests

Frompovicz v. Pa. Dept. of Envtl. Prot.

September 18, 2018

Plaintiff sufficiently alleged substantive due process claim where alleged unlawful suspension of operating permit interfered with plaintiff's use and enjoyment of his property. Defendants' motion to dismiss granted in part and denied in part.

The Legal Intelligencer |Case Digests

Free Speech Coalition, Inc. v. Sessions

August 28, 2018

Court could declare statutory and regulatory provisions facially unconstitutional following successful "as-applied" challenge where plaintiffs represented broad cross-section of parties that would be otherwise subject to provisions found unconstitutional as applied to named plaintiffs. Judgment entered in favor of plaintiffs, in part.

The Legal Intelligencer |Case Digests

Patane v. Dept. of Transp., Bureau of Driver Licensing

August 21, 2018

Implied consent warnings including statement about enhanced criminal penalties for refusal did not, following the U.S. Supreme Court's ruling in Birchfield v. North Dakota, render refusal to submit to chemical blood test unknowing or involuntary where statement was accurate at the time it was given and driver was correctly informed refusal would result in suspension of driving privileges, Order of the trial court affirmed.

New Jersey Law Journal |Case Digests

Newark Cab Ass'n v. City of Newark

August 21, 2018

Plaintiffs appealed the dismissal of their action challenging an agreement between defendant city and Uber Technologies, Inc.

New York Law Journal |Case Digests

Corren v. Zuckerman

August 20, 2018

Vermont's Campaign Finance Law's Restrictions, Do Not Violate First Amendment

New Jersey Law Journal |Case Digests

Commc'n Workers of Am., AFL-CIO v. New Jersey Civil Serv. Comm'n

August 20, 2018

Courts Could Review, Without Deference, Legislature's Invalidation of Agency Rules Pursuant to Legislative Review Clause

The Legal Intelligencer |Case Digests

Mulberry Square Elder Care and Rehab. Ctr. v. Dep't of Human Servs.

August 14, 2018

Department did not err in disallowing petitioner's billing practice that billed the department for Part B copays as "other medical expenses" because federal and state law prohibited the practice. Affirmed.

Connecticut Law Tribune |Case Digests

Kuchta v. Arisian

August 06, 2018

Homeowner's Signs Expressing Dissatisfaction With Vendor Were Not "Advertising Signs"

Texas Lawyer |Case Digests

Fath v. Texas Department

July 30, 2018

Plaintiffs challenged Texas' plans for three highway projects in Austin, alleging that Texas violated the National Environmental Policy Act by treating the projects as separate projects in studying their environmental impact, instead of as a single project, and also by not studying the "cumulative" impact of the projects.

New Jersey Law Journal |Case Digests

Allstars Auto Grp., Inc. v. New Jersey Motor Vehicle Comm'n

July 30, 2018

Motor Vehicle Commission Failed to Grant Suspension Hearing Where Target Presented Colorable Factual Dispute or Mitigating Evidence

Daily Report Online |Case Digests

Bramblett et al. v. Habersham County

July 26, 2018

Dog Owners Not Entitled to Notice and Hearing Prior to Seizure of Animals Under Animal Cruelty Statute

The Legal Intelligencer |Case Digests

Germantown Cab Co. v. Philadelphia Parking Auth.

July 17, 2018

Imposition of new regulations and allegedly inconsistent and selective enforcement of registrations and assessments in temporal proximity to constitutionally-protected litigation activity created genuine issue of material fact on First Amendment retaliation claim. Motion for summary judgment denied in part and granted in part.

Texas Lawyer |Case Digests

City Of Laredo v. Laredo Merchants

July 02, 2018

Laredo adopted an ordinance prohibiting any "commercial establishment" from providing or selling certain plastic or paper "checkout bags" to customers.

New Jersey Law Journal |Case Digests

Gallenthin v. Borough of Paulsboro

June 26, 2018

Plaintiff appealed from the trial court's order dismissing his complaint in lieu of prerogative writs.

The Legal Intelligencer |Case Digests

Yencha v. Commonwealth, Dept. of Transportation

June 19, 2018

The trial court erred in holding that the Pennsylvania Department of Transportation was required to produce direct evidence to support an arresting officer's belief that a licensee drove his vehicle while under the influence of alcohol. The appellate court reversed and reinstated the suspension of licensee's operating privileges.

New York Law Journal |Case Digests

Progressive Credit Union v. NYC

May 22, 2018

Medallion Cabs Differences From 'For-Hire Vehicles'; Allow for Different Regulations

New Jersey Law Journal |Case Digests

In Re Adoption of N.J.A.C. 17:1-6.4

May 21, 2018

Shifting IME Costs onto Benefits Applicants Contrary to Liberal Application of Pension Statute in Favor of Workers