In a defendant-friendly opinion, a split panel held that conduct based on an “objectively reasonable” reading of an ambiguous statute, absent contrary circuit court precedent or agency guidance, cannot constitute “knowing” misconduct under the False Claims Act. In United States ex rel. Sheldon v ...
Dinsmore employment law attorney Alyson St. Pierre authored an article for The Indiana Lawyer regarding a recent Indiana law that does not automatically grant religious exemptions from COVID-19 vaccinations and instead allows employers to investigate the validity of religious exemption requests. An excerpt is below ...
Following the passage of House Bill (HB) 122[i] and its corresponding expansion of telehealth services by Ohio health care providers, the State Medical Board of Ohio (Ohio Board) has released proposed administrative rules in furtherance of the recent legislation ...
March 16, 2022 By Braeden Mansouri and Alicia Guerra On February 15, California’s preeminent institution of higher education, UC Berkeley (“UCB”), began emailing student applicants that UCB may be forced to withdraw admissions offers as a result of a recent California Court of Appeal decision ...
In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to Western District of Texas Judge Alan D ...
Following a landmark judgment issued this week, every local council in England must now keep to fixed legal time limits when reviewing the needs of children and young people with special educational needs. The annual review process involving Education, Health and Care (EHC) plans will now be subject to strict timelines following R (L,M, and P, v Devon County Council [2022] EWHC 493 (Admin). EHC plans, which must be reviewed annually, will now have to be reviewed within 12 weeks ...
This week, the Ministry of Justice announced details about a new forward-thinking approach in private law children cases. The pilot scheme is intended to improve the way local authorities, the police and the family court share information to improve the support provided to victims of domestic abuse. The scheme The new approach is being piloted by family courts in Wales and Dorset, in cases dealing with child arrangement, specific issues and prohibited steps orders ...
We consider the first post Lloyd v Google decision considering loss of control damages under the GDPR and Data Protection Act 2018 and its implications for the future of data and privacy litigation. It suddenly became much more difficult to bring collective privacy claims in England in November last year when Google succeeded in the Lloyd v Google litigation before the UK Supreme Court ...
Kochhar & Co. advised UK-based integrated manufacturing-services and power products company, Volex plc on its acquisition of majority stake in inYantra Technologies Pvt Ltd, an electronics design and manufacturing services company for USD 13 million (approx. INR 100 crore). The transaction entailed subscription to fresh equity issued by inYantra Technologies as also purchase of equity from the existing shareholders, by Volex plc through its Indian subsidiary ...
On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23, 2021), that contains a helpful discussion of the principle that an entity’s status as a small business at the time of “offer plus price” remains through the life of the contract, even if that entity subsequently becomes other than small ...
March 8, 2022 By: Jarrett S. Osborne-Revis and Robert S. McWhorter On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification request.[1] Sheen, like many other loan-modification cases resulting from the 2008 recession, arose from a dispute between the plaintiff Kwang K ...
DBN Holding, Inc. v. International Trade Commission, Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022) The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the case—the issues were far removed from issues concerning patent law, and instead related to modifications of consent orders. Thus, we cover the case only in abbreviated form ...
In December, Florida’s Third District Court of Appeal reversed a judgment in favor of a landlord holding that a contractor’s lien could not attach to the real property being improvement by a tenant of the landlord. The reversal allowed the contractor’s lien enforcement claim to proceed. K.D. Construction of Florida, Inc. v. MDM Retail Ltd, arose from improvements made to a movie theater by a contractor ...
Creating a family using surrogacy is a popular option for male same-sex couples. Surrogacy is when a woman carries and gives birth to a baby for a couple, or another person. Altruistic surrogacy is available in the UK and preliminary considerations are likely to include, which of the couple will be biologically linked to the child and what type of surrogacy will be used ...
Investors were awarded compensation under a bilateral investment treaty, but under EU law, payment of the award constitutes unlawful State aid. This Catch-22 situation is at the heart of a long-running case across jurisdictions. In the latest development, the European Commission has decided to refer the United Kingdom to the European Court of Justice in relation to a judgement of the UK’s Supreme Court to lift the stay of enforcement of an ICSID arbitration award against Romania ...
[!<CDATA[ As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable ...
[!<CDATA[ The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc.[1] addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal antitrust laws. The appeal centered on the significance of a “Change in Control” provision in a provider contract between St. Luke’s and ProMedica’s affiliated health plan, Paramount ...
This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision. Mr Justice Mostyn, sitting in the Family Court, has recently provided further guidance about determining whether a party to litigation has mental capacity to litigate ...
