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To adopt a per se ban on conduct covered by the rule of reason is to take out of the analysis the justifications for and benefits of the conduct in question. [read post]

Truth on the Market - http://truthonthemarket.com/

Fourth Circuit Appeals Court Finds Insurer Abused Its Discretion by Denying ERISA Health Insurance Benefits Where the Insurer Denied Her Claim as “Not Medically Necessary” Despite Failing to Review Critical Evidence of Medical Necessity

5 May 2022, 9:20 pm by McKennon Law Group

Garner submitted a claim with Central States as a beneficiary of her husband’s ERISA employee health benefit plan sponsored by United Parcel Service, Inc. [read post]

Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/

[David Bernstein] Do the Ethnic Categories Used by Universities for "Diversity" Purposes Make Sense?

4 May 2022, 3:50 pm by David Bernstein

MSBE94-10-13-46, 1995 WL 542398, at *3–4 (Apr. 12, 1995) (granting Hispanic status to a Sephardic Jew whose ancestors had fled Spain centuries earlier); In re DCS Elecs., Inc., SBA No. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Trustees, Executors, and Administrators: The Duties of Fiduciaries

2 May 2022, 11:30 am by Center for Agricultural Law and Taxation at Iowa State University

Prairie Travler, Inc., 368 N.E.2d 144, 147 (Ill. [read post]

ISU CALT Articles - https://www.calt.iastate.edu/articles-blogposts

is there a difference between "clinically tested" and "clinically proven" to reasonable consumers?

2 May 2022, 7:48 am by Rebecca Tushnet

Reckitt Benckiser LLC, No. 20-23564-CIV-COOKE/GOODMAN, 2021 WL 8129371 (S.D. [read post]

43(B)log - http://tushnet.blogspot.com/

[Eugene Volokh] The Reverse Spider-Man Principle: With Great Responsibility Comes Great Power

29 Apr 2022, 5:01 am by Eugene Volokh

Kings Park Manor, Inc., for instance, the Second Circuit sitting en banc refused to hold a landlord liable for its tenants' racial harassment of fellow tenants, partly because of concern that such responsibility would pressure landlords to exercise undue power over tenants: [Under the alternative proposed by Francis,] prospective and current renters would confront more restrictive leases rife with in terrorem clauses, intensified tenant screening procedures, and intrusions into their… [read post]

The Volokh Conspiracy - http://www.volokh.com/

Despite likely confusion and presumption of irreparable harm, delay dooms old USFL's PI bid

28 Apr 2022, 12:34 pm by Rebecca Tushnet

Fox Sports, Inc., 2022 WL 1134487, No. [read post]

43(B)log - http://tushnet.blogspot.com/

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy

25 Apr 2022, 6:06 am by Ahilan Arulanantham

Alliance Bond Fund, Inc., 527 U.S. 308, 318 (1999)). [read post]

Just Security - https://www.justsecurity.org/

Knight First Amendment Institute v. United States Citizenship & Immigration Services: The Second Circuit Speaks

19 Apr 2022, 12:37 pm by Bernard Bell

Citizenship & Immigration Services, 2022 WL 1020379 (2d Cir. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Demarcation between Section 1 (concerted action) and Section 2 (unilateral conduct): what Apple, Epic Games, and their amici tell the Ninth Circuit

18 Apr 2022, 1:14 am by Florian Mueller

No matter how hard I try, I can't think of a more fundamental question of U.S. antitrust law than where to draw the line between Section 1 (concerted action, cartels) and Section 2 (unilateral conduct, abuse of market power) of the Sherman Act. [read post]

FOSS Patents - http://www.fosspatents.com

Patel, et al. v. 7-Eleven, Inc., et al – While the Massachusetts’ Independent Contractor Statute May Apply to Franchise Relationships, the SJC’s Decision Actually offers Protection for Franchisors

30 Mar 2022, 7:40 am by Seyfarth Shaw LLP

Flowers Foods, Inc., No. 17-CV-2580 TWR (JLB), 2021 WL 4295294 (S.D. [read post]

The Wage and Hour Litigation Blog - http://www.wagehourlitigation.com

Patel, et al. v. 7-Eleven, Inc., et al – While the Massachusetts’ Independent Contractor Statute May Apply to Franchise Relationships, the SJC’s Decision Actually offers Protection for Franchisors

30 Mar 2022, 7:40 am by Seyfarth Shaw LLP

Flowers Foods, Inc., No. 17-CV-2580 TWR (JLB), 2021 WL 4295294 (S.D. [read post]

The Wage and Hour Litigation Blog - http://www.wagehourlitigation.com

Despite Setbacks in Court, California’s Ban on Pharmaceutical Pay-For-Deals Could Still Recover

24 Mar 2022, 12:04 pm by Zak Gowen

Actavis, Inc., 570 U.S. 136 (2013), which held that such payments are unlawful when they are “large and unjustified. [read post]