This Week in Regulation for Broadcasters:  October 9 to October 13, 2023

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • FCC Chairwoman Rosenworcel announced that two Notices of Proposed Rulemaking (NPRMs) have been drafted, which, if adopted by the Commission, would seek public comment on proposals to protect consumers from the effects of blackouts lasting more than 24 hours resulting from the failure
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Justices grant four new cases, including Chevron companion case

Justices grant four new cases, including <em>Chevron</em> companion case

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The Supreme Court has added a second case asking it to overrule its landmark 1984 decision in Chevron v. Natural Resources Defense Council to its docket for the 2023-24 term. The announcement came on a list of orders released on Friday afternoon from the justices’ private conference earlier in the day. The court will hear oral argument in both Relentless v. Department of Commerce, the case granted on Friday, and Loper Bright Enterprises v. Raimondo, which it agreed in … Read the rest

Purdue Pharma, tax cases headline December argument session

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The Supreme Court will hear oral argument on Dec. 4 in the challenge to the legality of the bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin. The argument in the Purdue Pharma case is one of eight cases scheduled for seven hours of oral argument in the court’s December argument calendar, which was released on Thursday morning.

The justices had indicated in August that the Purdue Pharma case would be slated for argument … Read the rest

Attention California Employers! Soon, You Will Need to Provide Employees Five Days (or 40 Hours) of Paid Sick Leave (US)

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024.

Background

In 2014, California enacted the Healthy Workplaces, Healthy Families Act of 2014 (“HWHFA”), providing California employees with paid sick leave. The HWHFA became effective on July 1, 2015, and has been amended … Read the rest

A Scalia argument, then a yacht excursion

A Scalia argument, then a yacht excursion

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It’s the second week of the new term, with two otherwise garden-variety cases set for argument on Tuesday, but with each having some noteworthy highlights.

Meanwhile, this is the third week of the new season of Justice Ketanji Brown Jackson’s favorite TV show, “Survivor.” She raved about the CBS show during a commencement address to American University’s law school last spring, so much so that when another CBS show, “The Price is Right at Night” had an episode last … Read the rest

Can a Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?

Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?.

Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or … Read the rest

Washington residents challenge state’s effort to tax long-term capital gains

Washington residents challenge state’s effort to tax long-term capital gains

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest