NLRB reversed again due to ‘invalid’ Obama recess appointment 
Published: May 17, 2013
Tags: National Labor Relations Board, NLRB, recess appointments
A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.
HHS proposes tougher child care safety measures
Published: May 17, 2013
Tags: child care, Department of Health and Human Services, federal agencies, safety
WASHINGTON – New proposed regulations would impose stricter safety requirements on child care providers who receive federal funding.
Supreme Court treads carefully in patent ruling
By:
Kimberly Atkins
Published: May 15, 2013
Tags: agricultural engineering, first sale doctrine, patent exhastion, patents, U.S. Supreme Court
WASHINGTON – The U.S. Supreme Court’s surgically narrow ruling prohibiting a farmer from using seeds harvested from patented herbicide-resistant soybeans has left lawyers with more questions than answers about the extent of patent owners’ rights in other emerging, self-replicating technologies.
BANKRUPTCY
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
Proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
See “Court clarifies bankruptcy discharge standard for fiduciaries”
U.S. Supreme Court. Bullock v. BankChampaign, No. 11-1518. May 13, 2013. Lawyers USA No. 993-3995.
Court clarifies bankruptcy discharge standard
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
INDIGENT DEFENSE
Published: May 13, 2013
Tags: U.S. Supreme Court
Did the 6th U.S. Circuit Court of Appeals err in holding that the in forma pauperis statute prohibits indigent plaintiffs from amending their complaints?
Burnside v. Walters, No. 12-7892.Certiorari granted: May 13, 2013. Ruling below: Unpublished, 2012.
FEDERAL PREEMPTION
Published: May 13, 2013
Tags: U.S. Supreme Court
The Federal Aviation Administration Authorization Act of 1994 does not preempt state-law claims stemming from the storage and disposal of a towed vehicle.
U.S. Supreme Court. Dan’s City Used Cars, Inc. v. Pelkey, No. 12-52. May 13, 2013. Lawyers USA No. 993-3993.
Lawmakers renew bid to ban mandatory arbitration
Published: May 10, 2013
Tags: arbitration, Arbitration Fairness Act, consumer protection
Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers.
Report: Patent pools may stifle competition
Published: May 10, 2013
Tags: antitrust, competition, Department of Justice, Federal Trade Commission, patent law, patent pools
WASHINGTON – Patent pools, designed to spur innovation and reduce the cost of litigation, may actually be having anticompetitive effects according to a report released by the former competition policy director for the Federal Trade Commission.
Circuit court strikes down NLRB notice posting rule
By:
Kimberly Atkins
Published: May 8, 2013
Tags: DC Circuit, First Amendment, labor law, National Labor Relations Act, National Labor Relations Board, NLRB, notice posting rule
WASHINGTON – A federal appellate court has struck down the National Labor Relations Board’s controversial notice posting rule, the latest in a series of blows to the agency that has been mired in legal controversy.
