Cigarette name brands Winston, Kool, Salem, and Maverick must be divested by tobacco companies Reynolds and Lorillard to settle FTC charges that their proposed $27.4 billion merger would likely be anticompetitive, the agency announced today (In the M
The owner of a working interest in a carbon-dioxide (CO2) well in Mississippi was unable to demonstrate antitrust injury in a suit alleging that an oil and gas company sells CO2 to its subsidiary at an artificially low price and pays its royalty owne
A debt collector that bought a national bank's charged-off credit card accounts could not rely on federal preemption to block a state-law usury suit, the U.S. Court of Appeals for the Second Circuit has decided. Since no national bank retained any
The Senate Banking Committee met in an executive session on May 21, 2015, to mark-up "The Financial Regulatory Improvement Act of 2015."
There’s an old adage that “words are never a provocation.” But we all realize that words, in fact, can wound and leave deep and lasting scars on their victims. Courts have recognized that racial epithets and terms that conjure up racial stereotypes provide ample cause for an employee to feel the heat of a hostile [...]
By Lorene D. Park, J.D. Rejecting every argument put forth by an employee who appealed a federal court’s decision to lift a stay on his former employer’s breach of contract suit, the Tenth Circuit concluded that it had jurisdiction to hear the appeal, that the arbitration was had “in accordance with” the agreement between the parties, [...]
A claimant who was denied Medicare coverage of laboratory testing did not have standing to sue because she was not required to pay for the testing and therefore could not allege a concrete injury, a district court ruled in granting a motion to dismis
A review by the HHS Office of Inspector General (OIG) found that HHS met many of the requirements of the Improper Payments Information Act of 2002, but did not fully comply for fiscal year (FY) 2014 (OIG Report, No. A-17-15-52000, May 18, 2015).
ConAgra Grocery Products LLC, a subsidiary of ConAgra Foods Inc., will pay $11.2 million as a result of its guilty plea to a misdemeanor violation of the federal Food, Drug and Cosmetic Act (21 U.S.C. §301). According to a Department of Justice pres
Senator Pat Roberts (R-Kan) has introduced a bill that would establish the Office of the Special Inspector General for Monitoring the Affordable Care Act. The bill, S. 1368, states, "The writing, passage, and implementation of the [Patient Protecti
Claimants did not have standing to bring suit to invalidate certain provisions of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) based on the alleged effects on health insurance premiums, a district court ruled. The claimants had
State-law claims brought against a "Write-Your-Own" flood insurer by the owners of a home damaged as a result of Hurricane Ike were not preempted by federal law to the extent that they were insurance-procurement claims, the U.S. Court of Appeals
The University of Notre Dame was not entitled to a preliminary injunction barring its insurer and third party administrator from providing contraception coverage to University students and employees under the Patient Protection and Affordable Care Ac
An accused party's belief in the invalidity of a patent is not a defense to a claim that the party induced infringement of the patent, the U.S. Supreme Court has held. In a dispute between Commil USA and accused infringer Cisco Systems, the Court r
A group of six retired pro-football players were unsuccessful in their attempt to overturn a class certification order, entered by the federal district court in Minneapolis, in a publicity rights class action brought against the National Football Lea
The parents of a child who developed seizures after receiving injections of the drug Botox® presented sufficient causation evidence to support their negligence claim on which a jury awarded the parents, individually and on behalf of their child, $2.
Federal oversight of General Motors' review, decision-making, and communications regarding potential vehicle safety issues has been extended for an additional year, NHTSA announced on the anniversary of GM's historic agreement with the agency. In
The U.S. Supreme Court has denied an investor's petition to resolve a question as to whether Item 303 of Regulation S-K can serve as the basis of a duty to disclose material information for the purposes of liability under Exchange Act Section 10(b)
A district court did not err in granting summary judgment against a defendant who allegedly sold promissory notes to fund investments in Saudi oil but instead used the money for lavish personal expenses, an appellate panel concluded. The panel found