To read more about the items below, click the link above for a PDF of the newsletter.
NEW FILINGS
Although some transportation workers are exempt from the Federal Arbitration Act’s mandate that arbitration agreements must be enforced, that exemption should be narrowly construed. (Waithaka v. Amazon)
Pension plan beneficiaries who are uninjured by plan administrators’ alleged misconduct should not be allowed to sue under ERISA for that misconduct. (Thole v. U.S. Bank)
A federal regulation requiring drug manufacturers to include misleading pricing data in their television ads exceeds the agency’s statutory authority and violates manufacturers’ First Amendment rights. (Merck & Co. v. U.S. Dep’t of Health and Human Services)
Congress has not authorized the FTC, when suing companies for allegedly deceptive trade practices, to seek “disgorgement” of allegedly ill-gotten gains. (AMG Capital Management, LLC v. Federal Trade Commission)
The City of Berkeley violates the First Amendment rights of cell-phone retailers when it requires them to post misleading signs about the supposed health dangers of ordinary cell-phone use. (CTIA—The Wireless Ass’n v. City of Berkeley)
RESULTS
U.S. Court of Appeals for the Second Circuit substantially reduces mammoth penalty on UPS for shipping cigarettes for which the owners had not paid all taxes. (New York v. UPS)
U.S. Supreme Court declines to consider whether property owners are entitled to compensation under the Takings Clause when a government arbitrarily delays their building projects. (Bottini v. City of San Diego)