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Recent Articles from Kimberly Atkins
Legal juice drink showdown reaches High Court
WASHINGTON — During oral arguments on Monday, the justices of the U.S. Supreme Court seemed disinclined to hold that a Lanham Act claim of false representation against beverage giant Coca-Cola was preempted under the Food, Drug and Cosmetic Act. The case POM Wonderful LLC v. Coca-Cola Co., 12-761, stems from a product released by Coca-Cola […]
Preemption ruling could lead to more litigation
WASHINGTON — A recent U.S. Supreme Court ruling that a common law claim was preempted by federal airline law was bad news for a disgruntled frequent flier who tried to sue Northwest Airlines for revoking his reward program privileges. But the ruling in Northwest Inc. v. Ginsberg, No. 12-642, could lead to an uptick in […]
Supreme Court averts avalanche of FICA refund requests
WASHINGTON — Avoiding what attorneys say could have been an “earthquake” effect from businesses rushing to file for a collective $1 billion in tax refunds, the U.S. Supreme Court recently held that severance payments are wages for federal tax withholding purposes. The court’s decision in U.S. v. Quality Stores Inc. concluded that “supplemental unemployment compensation […]
Supreme Court takes up ERISA fiduciary duty case
WASHINGTON — Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted with prudence. The case of Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, comes from the […]
Justices look for limits in bank fraud case
WASHINGTON — Expressing an unwillingness to dramatically expand the scope of offenses that fall under the federal bank fraud statute, the justices of the U.S. Supreme Court searched for some type of limiting principle Tuesday during arguments in Loughrin v. U.S., 13-316. The law provides a penalty of up to 30 years in prison and […]
U.S. Supreme Court: Do inherited IRAs get bankruptcy shield?
WASHINGTON — In a case that turns on the definition of two words in the expansive language of the Bankruptcy Code, the justices of the U.S. Supreme Court tried to determine whether an inherited retirement account can be shielded from bankruptcy liquidation. Arguments Monday in Clark v. Rameker, No. 13-299, presented a classic case of […]
Court divided over religious challenge to contraception mandate
WASHINGTON — The justices of the U.S. Supreme Court appeared divided during Tuesday’s oral arguments in a case that pits the religious rights of business owners against the rights of employees to have access to affordable reproductive health care. The Affordable Care Act’s requirement that employer-funded health care plans cover contraceptives is at the center […]
Court sheds light on aiding, abetting standard
WASHINGTON — In its ruling in Rosemond v. U.S. that accomplice liability requires advance notice and the opportunity to withdraw, the U.S. Supreme Court tightened the standard the government must meet for a conviction under one of the most commonly used federal aiding and abetting statutes on the books. But it also provided the most […]
SCOTUS: SOX whistleblower ruling leaves gaps
WASHINGTON — The recent 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 [&helli[...]
Supreme Court takes up high-speed chase case
WASHINGTON — The justices of the U.S. Supreme Court appeared unwilling to lift the shield of qualified immunity from police officers who shot and killed a fleeing suspect and his passenger after a high-speed car chase. During oral arguments Tuesday in Plumhoff v. Rickard, No. 12-1117, the justices were vocally skeptical of the argument by […]
Greenhouse gas regs could go up in smoke
WASHINGTON — The Obama administration is urging the justices of the U.S. Supreme Court to rule that the Environmental Protection Agency’s statutory mandate to regulate motor vehicle greenhouse gas emissions triggers a requirement that the agency also regulate emissions from stationary buildings in order to combat the “urgent” problem of climate change. “It is the […]
Justices struggle over fees in patent troll cases
WASHINGTON — The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — an issue that could mean millions of dollars in already costly legal proceedings. Oral arguments on Wednesday in Octane Fitness LLC v. ICON Health & […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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