U.S. District Judge Jesse M. Furman and Professor Daniel J. Capra reflect on the impact of unification of the rules of evidence and how the Judiciary’s rule-making process ensures that the Federal Rules of Evidence keep up with the times.
Judiciary News – United States Courts… Read the rest
In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must also satisfy the traditional four-factor test for preliminary injunctions—likelihood of success on the merits, irreparable harm, balance of equities, and benefit to the public. … Read the rest
On Monday morning, in an all-caps social media post, President Donald Trump wished a happy Memorial Day to “USA HATING JUDGES WHO SUFFER FROM AN IDEOLOGY THAT IS SICK, AND VERY DANGEROUS FOR OUR COUNTRY.” Trump also made a plea, still in capslock, for the U.S. Supreme Court to “SAVE US FROM THE DECISIONS OF THE MONSTERS WHO WANT OUR COUNTRY TO GO TO HELL.”
Against all odds, the “monsters” to whom Trump refers are not Stephen
The Federal Court recently refused to order a defendant to produce samples of cell culture because there was no “reasonable possibility” that testing the samples would yield evidence of patent infringement. In pharmaceutical patent cases, testing samples of a defendant’s product – or samples from a defendant’s process – can lead to crucial evidence of infringement for trial. However, as seen in the Court’s recent decision, a defendant can resist producing samples where the plaintiff only proposes “speculative undefined tests”. … Read the rest
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek S. Franklin Duane Morris Takeaways: On August 21, 2024, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin joined in the fray over whether the long-used two-step process for issuing notice of a Fair Labor Standards Act (“FLSA”) collective …
Continue reading “Wisconsin Federal Court Rejects Two-Step “Conditional Certification” FLSA Process”
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
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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
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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