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Jarkesy and Judicial Aggrandizement, by Allen Sumrall and Beau J. Baumann

28 Jun 2024, 10:51 am by Guest Author

The conservative appointees banded together in a 6-3 ruling, concluding that the Seventh Amendment entitles defendants to an Article III jury trial in SEC civil enforcement proceedings. [read post]

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

EEOC Settles Lawsuits Against New Jersey Employers Over Title VII Data Collection

28 Jun 2024, 10:30 am by Resnick Law Group, P.C.

Each defendant must submit reports within a few weeks. [read post]

The New Jersey Employment Law Firm Blog - http://www.thenjemploymentlawfirmblog.com/

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

28 Jun 2024, 9:50 am by Stephen Fox, Jonathan Clark, Alexandria Amerine and Jennifer Risberg*

Six federal circuits have traditionally applied a “preponderance of the evidence” standard to FLSA exemption defenses. [read post]

Labor & Employment Law Blog - http://www.laboremploymentlawblog.com/

FCC’s Digital-Discrimination Rules: Bridging the Divide or a Bridge Too Far?

28 Jun 2024, 9:06 am by Eric Fruits

The Federal Communications Commission’s (FCC) recently enacted rules to prevent so-called “digital discrimination” in broadband access are facing a significant legal challenge in the 8th U.S. [read post]

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

Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit

28 Jun 2024, 8:56 am by David Klein

As our readers are aware, the TCPA is a federal statute that restricts certain types of telemarketing communications to protect consumer privacy. [read post]

Technology, Telemarketing and Internet Law Blog - https://kleinmoynihan.com/category/blog/

The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact

28 Jun 2024, 8:40 am by Ryan Goodman

Section 1512(c)(2), a federal obstruction of justice statute that the Justice Department has used as one of the charges for January 6th defendants. [read post]

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

"The Supreme Court sided on Friday with a member of the mob that stormed the Capitol on Jan. 6, 2021, saying that prosecutors had overstepped in using an obstruction law to charge him...."

28 Jun 2024, 8:28 am

Trump as part of the federal case accusing him of plotting to subvert the 2020 election.... [read post]

Althouse - https://althouse.blogspot.com

"The chief hasn't announced yet whether its the last day. We'll see if he says anything from the bench today."

28 Jun 2024, 8:01 am

The court holds that to prove a violation of the law, the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so. [read post]

Althouse - https://althouse.blogspot.com

Mossoff on Injunctions for Patent Infringement

28 Jun 2024, 8:00 am by ernst

In the 899 opinions, courts awarded permanent injunctions in 93.7% of the cases in which a defendant infringed a valid patent. [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

How the HCFA Form 1500 Can Make or Break ERISA Standing in Health Plan Disputes, by Henry Norwood, Esq. and Justin Russell, Esq., published by American Bar Association-Health Law Publication, 6-25-2024

28 Jun 2024, 7:57 am by Kaufman Dolowich

If the insurers’ appeal processes do not resolve the disputes, providers may choose to bring suit in state or federal courts. [read post]

Kaufman Dolowich & Voluck, LLP Blog - http://www.kdvlaw.com/news-resources/category/blog/

Justices limit major SEC tool to penalize fraud

28 Jun 2024, 6:17 am by Ronald Mann

” That “effectively decides that … a defendant would be entitled to a jury on these claims. [read post]