Judiciary.org - Part 96

Supreme Court cabins reach of aggravated identity theft statute

The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Supreme Court

Court endorses private Section 1983 enforcement of spending clause enactments

Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest

Supreme Court

The morning read for Tuesday, June 6

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

Here are the major Supreme Court decisions we’re still waiting for this term (The Washington Desk, NPR)
U.S. Supreme Court weighs in on Nebraska ‘home equity theft’ cases (Cindy Gonzalez, The Nebraska Examiner)
Most Federal Employees Face More Oversight Than Clarence Thomas and Supreme Court (David Voreacos, Bloomberg)
Supreme Court to hear ‘Trump too

… Read the rest

Circuit Courts

Judge Mary Rowland Takes Pride in the Progress of LGBTQ People

Judge Mary M. Rowland came out in the 1980s, as the HIV epidemic gave rise to a renewed anti-LGBTQ movement across America. In recognition of LGBTQ Pride Month, a new video profile explores Rowland’s experience coming out, her pursuit of a career in law, and the social change she has seen.
Judiciary News – United States Courts… Read the rest

Civil Law

Federation of Brazilian Banks tackle illegal deforestation in the beef supply chain

The Federation of Brazilian Banks (“FEBRABAN“) has recently approved Regulation No. 026/2023, setting forth guidelines and procedures for Brazilian banks when financing the beef industry, particularly slaughterhouses. Pursuant to the new self-regulation, as of 2025 financing should only be available to slaughterhouses that put into place a due diligence system for tracing and monitoring the activities of direct and indirect suppliers, certifying that no illegal deforestation has occurred in its supply chain. The self-regulation only applies to slaughterhouses … Read the rest

Supreme Court

The morning read for Friday, June 2

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Supreme Court Backs Employer in Suit Over Strike Losses (Noam Scheiber, The New York Times)
U.S. Supreme Court gives boost to whistleblowers in drug pricing case (John Kruzel, Reuters)
Jackson defends “the right to strike” in her first big dissent (Chris Geidner, Law Dork)
There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

… Read the rest

Supreme Court

Supreme Court rules against union over strike liability

In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest

Civil Law

Upcoming webinar: Asia-Pacific reductions in force – ten things to look out for

Global reductions in force (RIFs) continue to be a hot topic on multinational employers’ minds in 2023. In February, Seyfarth’s specialist International Employment Law team covered the top ten things to look out for when doing RIFs in Europe. Next up in our series, our team of experts will tackle the Asia Pacific region, where we find a wide range of risk and difficulty involved, depending on the country.

The webinar will address the key practical issues employers should keep … Read the rest

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