Trustee’s mistake voided California foreclosure sale 
Published: May 23, 2013
Tags: foreclosure, mortgages, non-judicial foreclosure
A trustee could void a nonjudicial foreclosure sale based on its mistake in communicating the lender’s opening bid to the auctioneer, the California Supreme Court has ruled in reversing judgment.
Senate committee advances NLRB nominees
Published: May 23, 2013
Tags: Congress, Employment Law, NLRB, recess appointments, U.S. Supreme Court, unions
WASHINGTON – A Senate committee has advanced the nominations of President Barack Obama’s five picks for the National Labor Relations Board, setting the stage for a potential partisan showdown on the Senate floor.
Check-cashing firm’s arbitration clause enforceable
Published: May 22, 2013
Tags: arbitration, consumer protection, payday loan, predatory lending
A check-cashing business could enforce an updated version of an arbitration clause included in its delayed-deposit customer agreements, the Mississippi Court of Appeals has ruled.
Medicare statute doesn’t preempt state comp law
Published: May 22, 2013
Tags: Medicare, Medicare Secondary Payer statute, workers' compensation
The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.
FTC briefs Senate committee on credit reporting accuracy
Published: May 22, 2013
Tags: Congress, consumer protection, Fair Credit Reporting Act, FCRA, Federal Trade Commission, FTC
Errors in credit reports can cause businesses to deny credit to potentially valuable customers, a director of the Federal Trade Commission warned a U.S. Senate subcommittee earlier this month.
Court takes up peeved airline flyer’s preemption case
Published: May 22, 2013
Tags: Airline Deregulation Act, consumer protection, implied covenant of good faith and fair dealing, preemption, U.S. Supreme Court
WASHINGTON – A long running battle between a Minnesota frequent flyer and an airline carrier has landed before the U.S. Supreme Court, giving the justices yet another chance to weigh in on whether a federal law preempts a state law-based lawsuit.
Benchmarks: Ex-NCAA quarterback can pursue publicity claim against EA Sports
Published: May 22, 2013
Tags: First Amendment, right of publicity, video games
The First Amendment does not bar the lawsuit of a former Rutgers quarterback who claims that EA Sports used his likeness without permission in the immensely popular “NCAA Football” series of video games.
That’s the conclusion reached Tuesday by the 3rd U.S. Circuit Court of Appeals.
Employee could pursue ADA claim despite Chapter 13 bankruptcy
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Wage & hour suits hit record high, firm study finds
Published: May 21, 2013
Tags: fair labor standards act, FLSA, Seyfarth Shaw, wage and hour claims
Wage-and-hour lawsuits filed under the Fair Labor Standards Act have hit an all-time high, according to a new study of federal court caseloads.
Police needed warrant to search arrestee’s cellphone
Published: May 21, 2013
Tags: cellphone, Fourth Amendment, search and seizure, search incident to arrest
Police needed a warrant to search the contents of a cellphone seized from a defendant arrested for suspected drug dealing, the 1st U.S. Circuit Court of Appeals has ruled in reversing a conviction.
