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New Filings
- A court should not defer to an agency’s interpretation of its own regulation. (Kisor v. Wilkie)
- Congress intended the Federal Employers’ Liability Act to serve as the exclusive vehicle for considering compensation claims filed by injured railroad workers against their employers. (BNSF Railway Co. v. Montana Eighth Judicial District Court)
- The National Labor Relations Board should rescind its 2015 ruling that greatly expanded the circumstances under which a company may be deemed the “joint employer” of another company’s workers. (In re Standards for Determining Joint-Employer Status)
- A private party should not be allowed to invoke the False Claims Act’s ten-year statute of repose, which is intended for use only by the government. (U.S. ex rel. Hunt v. Cochise Consultancy, Inc.)
Decisions
- The U.S. Court of Appeals for the Ninth Circuit holds that the First Amendment bars San Francisco from requiring soft-drink manufacturers to include controversial health warnings in their ads. (American Beverage Ass’n v. City and County of San Francisco)
- The New Mexico Court of Appeals refuses to rewrite the State’s unfair practices law to allow for statutory damages in class actions on behalf of uninjured consumers. (Arguedas v. Seawright)
- The plaintiff voluntarily dismisses its First Amendment challenge to a New York law that restricts how retailers can characterize their prices, but only after the New York courts significantly restrict the scope of the law. (Expressions Hair Design v. Schneiderman)
- The U.S. Supreme Court agrees to review an appeals court decision that upended industry expectations regarding wage-and-hour laws applicable to employees stationed off-shore. (Newton v. Parker Drilling Management Services, Inc.)
- The U.S. Supreme Court declines to review an appeals court decision that reinstated massive claims under the False Claims Act against a drug company, but only after the United States told the Supreme Court that it plans to intervene in the lawsuit and order its dismissal. (Gilead Sciences v. U.S. ex rel. Campie)