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U.S. Supreme Court Rules That Plaintiffs’ Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An Appealable Final Decision
  • Seyfarth Shaw LLP
  • USA
  • June 12 2017

In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class

ALJ's Are "Inferior Officers" in the Tenth Circuit After Bandimere En Banc Decision: Will the D.C. Circuit Follow?
  • Venable LLP
  • USA
  • May 17 2017

The Tenth Circuit has solidified a circuit split with the D.C. Circuit regarding the status and appointment of the Securities and Exchange Commission

U.S. Supreme Court Holds That District Courts’ Decisions to Enforce or Quash EEOC Subpoenas Are to Be Reviewed Under Deferential Abuse of Discretion Standard
  • Hunton Andrews Kurth LLP
  • USA
  • April 12 2017

The United States Supreme Court recently resolved a Circuit Court split on the appropriate standard of review of a District Court’s decision whether

Supreme Court Message - Be Wary of EEOC Subpoenas
  • Kelley Drye & Warren LLP
  • USA
  • April 5 2017

On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a

Supreme Court Rules Abuse of Discretion Standard Applies to District Court's Enforcement of EEOC Subpoenas and EEOC Has Broad Subpoena Power
  • Hyatt & Weber PA
  • USA
  • April 4 2017

In McLane Co., Inc. v. Equal Employment Opportunity Commission, 581 U.S. --, -- S. Ct. --, 2017 WL 1199454 (2017), the United States Supreme Court was

Are Taft-Hartley Boards Conflicted When Reviewing ERISA Benefits Determinations? Circuit Courts Are Split.
  • Proskauer Rose LLP
  • USA
  • March 22 2017

Although it has been nearly three decades since the Supreme Court first explained the appropriate standard of review for ERISA benefit claims, there

Power of the Subpoena: Will Nominee Gorsuch Limit Scope of EEOC Reach?
  • Bradley Arant Boult Cummings LLP
  • USA
  • March 7 2017

Just how broad is the EEOC’s subpoena power and are we likely to get some guidance soon? We’ve said before that the McLane v. EEOC case (which is

State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby : Judges Have Discretion Whether To Dismiss False Claims Act Suits Over Seal Violations
  • Arnold & Porter Kaye Scholer LLP
  • USA
  • December 9 2016

On December 6, 2016, the US Supreme Court issued a unanimous decision in the case of State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby, holding

Righting Copyright Wrongs Remains Elusive - Kirtsaeng Leaves Fee Awards to District Court Discretion
  • Eversheds Sutherland (US) LLP
  • USA
  • June 17 2016

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the

Seventh Circuit holds pharmaceutical sales reps administratively exempt broadly interprets discretion and independent judgment
  • Proskauer Rose LLP
  • USA
  • May 15 2012

Applying a broad interpretation to the Administrative exemption under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. 213(a)(1), the United States Court of Appeals for the Seventh Circuit held, Tuesday, that pharmaceutical sales representatives (“PSRs”) are exempt from overtime.