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FAA preemption & MFA reverse preemption: Is CPRC §74.451, which requires attorney signature and waiver warning in arbitration agreement with health care provider, preempted by the Federal Arbitration Act? -- Texas Supreme Court answers: The Fredericksburg Care Company LP v Perez (Tex Mar. 6, 2015)
6 Mar 2015, 12:53 pm by MOTP
The Fredericksburg Care Company LP v. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
Connecticut Law May Force Employer to Transfer Pregnant Employee
6 Mar 2015, 9:05 am by Daniel Schwartz
One such case (Fenn Mfg. v. [read post]
Connecticut Employment Law Blog - http://www.ctemploymentlawblog.com/
No Consent To General Jurisdiction By Merely Registering To Do Business
5 Mar 2015, 5:52 am
Mylan Pharmaceutical, Inc., ___ F. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Two Recent Decisions Hold That A Whistleblower Is Not Barred From Bringing A Qui Tam Lawsuit Based Upon Facts Already Known To The Government As A Result Of Audit Or Investigation That Is Not Known To The General Public
4 Mar 2015, 8:10 am by Jonathan Tycko
  United States v. [read post]
Tycko & Zavareei LLP Blog - http://www.fraudfighters.net/news/
[Eugene Volokh] Schoolteacher arrested for allegedly molesting 7-year-old student allowed to sue police officer for false arrest under the Fourth Amendment
3 Mar 2015, 7:46 pm
See, e.g., United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
King – Obamacare subsidies as textualism’s big test
2 Mar 2015, 6:42 am by Abbe Gluck
Two examples from a list of many offered in the briefing:  Section 36B(f)(3) requires “[e]ach Exchange (or any person carrying out 1 or more responsibilities of an Exchange under section 1311(f)(3) or 1321(c)” to report the premiums doled out. [read post]
Balkinization - http://balkin.blogspot.com/
A Rose By Any Other Name
28 Feb 2015, 7:58 pm by Brian Shiffrin
  In United States v. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
11th Cir.: Employer That Knew or Had Reason to Know Employee Underreported Hours Could Not Assert Equitable Defenses Based on Employee’s Conduct in Underreporting Hours
27 Feb 2015, 5:44 am by Andrew Frisch
Co., 361 F.3d 621, 625 (11th Cir.2004) (same); Lynn’s Food Stores, Inc. v. [read post]
Overtime Law Blog - http://flsaovertimelaw.com/
11th Cir.: Employer That Knew or Had Reason to Know Employee Underreported Hours Could Not Assert Equitable Defenses Based on Employee’s Conduct in Underreporting Hours
27 Feb 2015, 5:44 am by Andrew Frisch
Co., 361 F.3d 621, 625 (11th Cir.2004) (same); Lynn’s Food Stores, Inc. v. [read post]
Overtime Law Blog - http://flsaovertimelaw.com/
CAFC addresses patent term adjustment in Gilead case; Gilead loses
26 Feb 2015, 2:22 pm by Lawrence B. Ebert
United States, 24 F.3d 1390, 1392 (Fed.Cir. 1994). [read post]
IPBiz - http://ipbiz.blogspot.com/
HASC Testimony: Towards a Better AUMF
26 Feb 2015, 7:00 am by Robert Chesney
Part II surveys the provisions of the draft AUMF that have generated the most controversy and debate, including: (a) its lack of a stated purpose; (b) the prohibition on “enduring offensive ground combat operations”; (c) its definition of “associated forces”; (d) its transparency and oversight provision; (e) its relationship to the Law of Armed Conflict; (f) its sunset clause; and (g) one final matter that has flown under the radar up to this point… [read post]
Lawfare - http://www.lawfareblog.com/
Appellant Biax wins reversal of 285 fee award at CAFC
25 Feb 2015, 2:00 pm by Lawrence B. Ebert
Campbell, 832 F.2d 1504, 1512 (10th Cir. 1987)(quoting Dreiling v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Judge Hanen's--and Michael McConnell's--mistakes about "affirmative action" in DAPA
25 Feb 2015, 11:46 am by Marty Lederman
  As the Supreme Court recently recognized in Arizona v. [read post]
Balkinization - http://balkin.blogspot.com/
You Again?: Application of the First-to-File Bar Where Subsequent Actions Are Brought By the Same Relator
24 Feb 2015, 4:31 pm by Charles Kreindler and Barbara Taylor
§ 3729(e)(4). [read post]
Government Contracts Blog - http://www.governmentcontractslawblog.com/
Antares Pharma. v. Medac Pharma. Inc.,: Specification Must Clearly and Unequivocally Disclose New Claims on Reissue
23 Feb 2015, 9:53 pm
Id. at *16-17 (text added, internal citations removed).Amos: Exact Embodiment Claimed on Reissue Was Expressly Disclosed[W]e held [in In re Amos, 953 F.2d 613 (Fed. [read post]
Journal of the Patent and Trademark Office Society - http://jptos.org
Southwark gatekeeping: All of the wrong
22 Feb 2015, 4:59 am by Giles Peaker
This stated: “Housing option scheme. [read post]
nearlylegal - http://nearlylegal.co.uk/blog
N.D.Ga.: Defendant Barred from Unilateral Meetings With Putative Class Members Outside of Formal Discovery Process, Absent Detailed Disclosures to Alleviate Concerns re Chilled Participation and/or Retaliation
20 Feb 2015, 7:44 am by Andrew Frisch
Wilson v. [read post]
Overtime Law Blog - http://flsaovertimelaw.com/
Neurorepair, Inc. v. The Nath Law Group: Jurisdiction over Patent Prosecution Malpractice
19 Feb 2015, 9:53 pm
Rad Source Techs., Inc., 720 F.3d 833, 842 (11th Cir. 2013); see also Mikulski v. [read post]
Journal of the Patent and Trademark Office Society - http://jptos.org
Catching Up on Section 230 Cases From the Past 18 Months
19 Feb 2015, 9:01 am by Eric Goldman
Ohio State University v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish Hatchery/Stocking Enterprise
18 Feb 2015, 10:50 am by Arthur F. Coon
Center for Biological Diversity v. [read post]
CEQA Developments - http://www.ceqadevelopments.com