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20 Sep 2018, 8:05 am by Joy Waltemath
Following a vote to grant the employee’s petition for rehearing en banc, the Ninth Circuit reversed the district court’s judgment, and concluded, as the Eighth Circuit did in Fast v Applebee’s Int’l, Inc., that the Guidance was entitled to Auer deference. [read post]
11 Sep 2018, 2:20 pm by Eugene Volokh
The Ninth Circuit recently addressed a similar issue in Retail Digital Network, LLC v. [read post]
5 Sep 2018, 9:00 am by Jack Sharman
”[5]  Unfortunately, the definition of “matters occurring before the grand jury” differs from circuit to circuit. [read post]
13 Aug 2018, 7:51 am by Joy Waltemath
” The employees cited to the Eighth Circuit’s opinion in J-McDaniel Construction Co., Inc. v. [read post]
13 Aug 2018, 3:26 am by Peter Mahler
The last time I checked (admittedly a while ago), federal appellate and district courts in the First, Second and Sixth Circuits had issued rulings dismissing dissolution cases under Burford. [read post]
9 Aug 2018, 7:00 am by Jonathan Bailey
The case is Glacier Films (USA) Inc. v. [read post]
26 Jul 2018, 9:00 am by Jesse Tyner Moore
In addition to a constant barrage of heated political rhetoric, the CFPB was also subjected to actual checks on its power by other branches of government during this time, such as Congress overruling the CFPB arbitration rule, or numerous federal judges finding both that the CFPB violated due process rights in enforcement actions and that the CFPB is unconstitutionally organized. [read post]
25 May 2018, 12:21 pm by Kelsey Farish
  The Ninth Circuit affirmed the district court's verdict in favour of McGraw Hill. [read post]