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Civil Law

Pennsylvania Federal Court Refuses to Enjoin FTC’s Noncompete Rule, Creates Split in Federal Courts

As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future.

Since then, the Final Rule has been subject to legal challenges nationwide. Shortly before Independence Day, a Texas federal judge preliminarily enjoined the Final Rule on a limited basis, concluding that the plaintiffs in the case … Read the rest

Supreme Court

Federal government asks court to allow enforcement of Title IX rule

The Biden administration on Monday asked the Supreme Court to temporarily put on hold a portion of two orders issued by federal trial courts in Louisiana and Kentucky that prohibit the Department of Education from enforcing any part of an April 2024 rule implementing Title IX of the Education Amendments of 1972, which bars sex discrimination in education programs that receive federal funding.

The two challenges—originally filed in Louisiana by four states (Louisiana, Mississippi, Montana, and Idaho, along with … Read the rest

Supreme Court

Court blocks Texas execution

The Supreme Court blocked the execution of Ruben Gutierrez, who was sentenced to die after 7 p.m. Eastern on Tuesday for the 1998 stabbing death of 85-year-old Escolastica Harrison in Brownsville, Tex. In a brief unsigned order released to reporters just after 6:30 p.m. Eastern time on Tuesday night, the justices put Gutierrez’s execution on hold until they decide whether to take up his appeal.

Gutierrez has long maintained that he did not go into Harrison’s home on the … Read the rest

Civil Law

Court of Appeal Summaries (July 1 – July 5)

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions

Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 1, 2024.

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In the leading decision of the week, Binscarth Holdings LP v. Grant Anthony, the Court made new law in Ontario. It held that limited partners in a limited partnership are entitled to seek leave to commence a derivative action on behalf

… Read the rest

Supreme Court

Roberts court hands major wins to Trump, conservative movement in 2023-24 term

Former President Donald Trump loomed large over the Supreme Court’s 2023-24 term. The presumptive Republican presidential nominee for 2024 brought two cases to the justices and fared well in both; Trump could also benefit from the decision in a third case, brought by a defendant charged in the Jan. 6 attacks on the U.S. Capitol.

But more broadly, the three justices that Trump nominated during his time in office cemented a 6-3 conservative majority that pushed the court further … Read the rest

Supreme Court

Supreme Court expands time frame to sue federal agencies

The Supreme Court on Monday ruled that a North Dakota truck stop can bring a challenge to a regulation issued 13 years ago by the Federal Reserve Board. In a 6-3 vote divided along ideological lines, the justices significantly expanded plaintiffs’ ability to sue federal regulators, ruling that the statute of limitations to challenge an action by a federal agency begins to run when the plaintiff is injured by the action, even if – as happened in this case … Read the rest

Supreme Court

Consider the wild gray squirrel, Kagan rebukes her colleagues as court overrules Chevron

Something on television last night seems to have stolen the attention from the Supreme Court in its end-of-term push. But today, the justices will issue three big and newsworthy decisions, taking back the spotlight, with the end of the term now in clear sight.

At the security line to enter the courtroom, I bump into Michael Dreeben, who argued Trump v. United States on behalf of Special Counsel Jack Smith and the Justice Department. He was here on Wednesday … Read the rest

Supreme Court

Court declines to delay Bannon’s prison sentence

The Supreme Court on Friday afternoon declined a request from Stephen Bannon, who served as an aide to former President Donald Trump, to delay the start of his four-month prison sentence while he asks the Supreme Court to review his case.

Bannon is scheduled to report to prison on Monday, July 1.

After failing to respond to a congressional subpoena, Bannon was convicted of contempt of Congress in November 2021. The House Select Committee to Investigate the Jan. 6 … Read the rest