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Recent Articles from Kimberly Atkins
Proposed FMLA reg would require same-sex benefits
WASHINGTON — A proposed federal regulation requiring employers to provide legally-married same-sex couples with benefits under the Family and Medical Leave Act regardless of their employees’ state of residence could help clear up some complications caused by conflicting federal and state laws. “I actually think the proposed rule will make things a little bit simpler […]
NLRB ruling spurs concerns of bottleneck
Lawyers say a June 26 decision by the U.S. Supreme Court that struck down President Obama’s 2012 recess appointments to the National Labor Relations Board threatens to invalidate hundreds of rulings made over an 18-month period. But the ruling in NLRB v. Noel Canning goes even further, they warn. While establishing the president’s authority to […]
EEOC guidance attracts renewed scrutiny
WASHINGTON — Two years after a guidance warning employers against the overly-broad use of criminal background checks to screen potential new hires was issued by the U.S. Equal Employment Opportunity Commission, it is drawing renewed criticism from employers, business groups and lawmakers who say it is cumbersome at best and dangerous at worst. “EEOC has […]
Defense bar urges caution after ‘straw buyer’ ruling
WASHINGTON — The recent ruling from the U.S. Supreme Court holding that a man who bought a firearm on behalf of another qualified buyer violated a federal law barring “straw purchases” of guns may be limited to its facts. But the decision in Abramski v. U.S., No. 12-1493, is still spurring lawyers to advise their […]
Effect of high court’s CERCLA ruling uncertain
WASHINGTON — The U.S. Supreme Court recently held that preemption language in the Comprehensive Environmental Response, Compensation and Liability Act aimed at overriding state statutes of limitation does not extend to statutes of repose. But attorneys say that while the ruling in CTS Corp. v. Waldburger, No. 13-339, against a community of North Carolina homeowners […]
High court rulings could create problems for ‘patent trolls’
WASHINGTON — The U.S. Supreme Court has handed down a pair of decisions that could make it more difficult to bring patent infringement claims in some circumstances, further hampering suits brought by so-called “patent trolls.” But while the justices’ rulings in Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, and Nautilus, Inc. v. Biosig […]
Police chase case raises concerns among defense attorneys
WASHINGTON — The U.S. Supreme Court’s ruling that police did not violate the Fourth Amendment by shooting more than a dozen rounds into the car of a fleeing unarmed suspect is making defense attorneys and civil liberties advocates uneasy. The decision in Plumhoff v. Rickard, No 12-1117, nixed a civil rights lawsuit brought by the […]
‘Raging Bull’ copyright ruling may KO common defense
WASHINGTON — A recent U.S. Supreme Court ruling in a closely-watched copyright case involving a classic Hollywood film may have dealt a knockout punch to a commonly used affirmative defense in a much broader range of cases, including patent litigation. The 6-3 decision in Petrella v. Metro-Goldwyn-Mayer Inc. held that the defense of laches, in […]
Defense lawyers fear slippery slope post-decision
WASHINGTON — Criminal defense attorneys are expressing concerns about a recent decision from the U.S. Supreme Court holding that a vehicle search based on an anonymous 911 call was constitutional. The ruling in Prado Navarette v. California, No. 12-9490, weakens the standard for when police can stop and search a vehicle, defense attorneys say. “This […]
Ruling adds new twist to same-sex marriage challenges
WASHINGTON — The recent U.S. Supreme Court ruling upholding a state law barring the consideration of race in public university admission decisions is having an immediate effect on a set of closely watched appeals involving an entirely different issue: the constitutionality of state same-sex marriage bans. In Schuette v. BAMN, the Supreme Court upheld a […]
High Court ruling could check ‘patent troll’ claims
WASHINGTON — U.S. Supreme Court rulings giving federal District Court judges more flexibility in awarding attorney fees to prevailing parties in patent suits could help curb the recent uptick in abusive patent litigation. Decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc., No. 12-1184, and Highmark Inc. v. Allcare Health Management System, Inc., […]
High Court decision leaves gaps for Congress, judges
WASHINGTON, D.C. —The U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly traded companies has some attorneys concerned about the lack of any limiting principle. The decision in Lawson v. FMR LLC was the court’s first stab at interpreting an important if unclearly worded provision that protects employees who report violations […[...]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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