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Author Archives: Kimberly Atkins

PATENT LAW

Isolated human gene components are not patentable, but synthetically created genetic material may be patented. See “Supreme Court nixes human gene patents.” U.S. Supreme Court. Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398. June 13, 2013. Lawyers USA ...

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FEDERAL PREEMPTION

The Federal Aviation Administration Authorization Act expressly preempts the terms of a concession agreement between a city’s port authority and drayage companies. U.S. Supreme Court. American Trucking Assns., Inc. v. Los Angeles, No. 11-798. June 13, 2013. Lawyers USA No. ...

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EEOC background check suits wake-up call for employers

WASHINGTON – The U.S. Equal Employment Opportunity Commission’s lawsuits against two companies alleging unlawful and discriminatory use of criminal background checks in their hiring policies should serve as a reminder to employers to tread carefully.

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For class arbitration, consent in eye of the arbitrator

arbitration-hearing

WASHINGTON – Ever since the U.S. Supreme Court cast a critical eye on classwide arbitration proceedings, holding in 2010 that the Federal Arbitration Act only authorizes class arbitration in cases in which the parties consented to it, lawyers and their ...

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Arbitration ruling gives power to arbitrators

supreme-court

WASHINGTON — In a ruling that boosts the authority of arbitrators to interpret crucial contract provisions, the U.S. Supreme Court upheld an arbitrator’s decision to allow a plaintiff to bring a class-wide arbitration proceeding when the parties did not expressly ...

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TAKINGS CLAUSE

A farmer challenging a fine can bring a “takings” claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims. U.S. Supreme Court. Horne v. ...

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CLASS ARBITRATION

An arbitrator’s decision allowing classwide arbitration survives the limited judicial review allowed by federal law. See “For class arbitration, consent in eye of the arbitrator.” U.S. Supreme Court. Oxford Health Plans LLC v. Sutter, No. 12-135. June 10, 2013. Lawyers ...

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