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25 Aug 2016, 4:00 am by Kimberly A. Kralowec
United Healthcare Services, Inc., ___ Cal.App.4th ___ (Aug. 4, 2016), the Court of Appeal (Second Appellate District, Division Two) held that UCL, FAL, and other claims brought on behalf of a putative class of members of a health care plan governed by the federal Medicare Advantage program (a Part C plan) were expressly preempted by the Medicare Act. [read post]
24 Aug 2016, 5:50 am by Matthew L.M. Fletcher
Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. [read post]
22 Aug 2016, 2:14 pm by R. Locke Beatty
  The Ninth Circuit Court of Appeals recently granted permission for a Rule 23(f) appeal of the district court’s order denying class certification on this basis. [read post]
22 Aug 2016, 7:11 am by Joy Waltemath
United Food and Commercial Workers International Union, Local 881, August 17, 2016, Kanne, M.). [read post]
22 Aug 2016, 6:00 am by Rick St. Hilaire
The group minted a test case seven years ago when it intentionally imported undocumented and unprovenanced ancient Chinese and Cypriot coins to the United States. [read post]
15 Aug 2016, 1:47 pm by Lawrence B. Ebert
(collectively“ScriptPro”) appeal the United States District Court forthe District of Kansas’s grant of summary judgment thatclaims 1, 2, 4, and 8 (“asserted claims”) of U.S. [read post]
14 Aug 2016, 1:00 pm by Chris Castle
Here is what the 2001 revision to ASCAP’s consent decree says: “ASCAP shall not restrict the right of any member to withdraw from membership in ASCAP…provided that any writer or publisher member who resigns from ASCAP and whose works continue to be licensed by ASCAP by reason of continued membership of a co-writer, writer or publisher of any such works, may elect to continue receiving distribution for such works on the same basis and with the same elections as a member would have,… [read post]
14 Aug 2016, 7:24 am by John H Curley
Cargill, Inc., 66 F.3d 988, 990-91 (8th Cir. 1995) (per curiam) (first emphasis added). [read post]