New York City agreed Friday to phase in accessible yellow cabs so that half will be accessible by people in wheelchairs by 2020, in a settlement that could end a disabilities rights class action filed partially in response to the city's beleaguered $1 billion "Taxi of Tomorrow" plan.
Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
The Sixth Circuit on Tuesday rebuffed an industry plea to prevent the U.S. Mine Safety and Health Administration from enforcing its revised rule cracking down on safety issues in the nation's most dangerous mines, saying mine operators haven't shown they'll be irreparably harmed by the rule.
When the Supreme Court decided this week to not hear arguments over New York’s “Amazon Tax” on Internet sales, it created more work for law firms and CPA practices to compete for — but such increased demand might only be temporary.
A Pennsylvania appeals court agreed Wednesday to allow the state's financially beleaguered capital to remain under the control of a fiscal receiver for another two years as the city of Harrisburg struggles to restructure debt stemming from a failed incinerator project.
The Seventh Circuit on Monday decided that a group of bar owners disagreeing with experts' findings over the risks of secondhand smoke couldn't revive their suit against an Indiana city's ban on smoking in public spaces.
The First Circuit on Friday asked the Massachusetts Supreme Judicial Court to weigh in on a group of banks’ appeal of a decision allowing the city of Springfield to implement anti-foreclosure ordinances, saying the issues in the case turn on unresolved state law questions.
The Pennsylvania Supreme Court ruled Friday that common law claims against employers for asbestos exposure were not foreclosed by a provision of the state’s Workers’ Compensation Act providing exclusive remedy for job-related asbestos claims when filed within 300 weeks of a plaintiff’s last relevant employment.
The Roman Catholic dioceses of Pittsburgh and Erie won a preliminary injunction on Thursday blocking provisions of the federal Affordable Care Act mandating that they provide contraceptive and sterilization coverage as part of insurance plans offered to employees of religiously affiliated schools and charitable entities.
The Second Circuit may have removed the judge who ruled in two class actions that New York City’s stop-and-frisk policy violated the rights of minorities, but the appeals court refused Friday to toss those decisions on that basis alone.
A Wisconsin federal court on Friday struck down an Internal Revenue Code provision passed in 1954 that excluded housing expenses from the gross income of ministers, concluding the regulation violated the First Amendment’s establishment clause.
A Colorado appeals court on Thursday affirmed a trial court's ruling that a mining trade group's challenge against state environmental regulators' rulemaking process for alleged procedural violations is moot, as legislation has already adopted those air quality regulations.
A Texas appeals court on Wednesday affirmed a lower court ruling that invalidates a San Antonio “fair notice” ordinance, saying its requirement that contractors file additional paperwork or risk losing vested property rights violated state law.
A divided U.S. Supreme Court on Tuesday refused to vacate the Fifth Circuit's ruling allowing Texas to enforce a requirement that abortion providers have admitting privileges at a nearby hospital, with the majority finding that the challengers to the provision hadn't shown the lower court committed an error.
The New York State Public Service Commission on Friday said it would cede most regulatory control over a plan to install thousands of charging stations across the state in order to put 40,000 electric and plug-in hybrid cars on the road by 2018, after Gov. Andrew Cuomo and other groups pushed for the move.
Top congressional Democrats on Monday renewed pressure on the Federal Reserve and the Office of the Comptroller of the Currency to provide more of an explanation into the collapse of a troubled foreclosure review program and its replacement with a multibillion-dollar settlement.
Even as a California judge ruled the state could auction off carbon-emission allowances Thursday, he acknowledged that the dispute over whether the allowances are a lawful fee or an unconstitutional tax presented a “close question,” giving opponents fodder for an appeal in a fight that could jeopardize the state’s landmark cap-and-trade program, lawyers say.
A Ninth Circuit decision striking down the U.S. Environmental Protection Agency's approval of a new textile pesticide has been painted by the environmental group challenger as a major victory, but experts say the decision preserves a critical approval process that helps products quickly enter the marketplace.
The suit challenging Pennsylvania’s law banning same-sex marriage cleared a major hurdle Friday, after a federal judge in Harrisburg ruled that significant changes in due process and equal protection jurisprudence in the last 40 years barred him from granting motions aimed at having the complaint dismissed.
A California judge has tossed a pair of challenges to the state's cap-and-trade system for reducing greenhouse gas emissions, ruling that a regulation creating a quarterly auction program for carbon-emission allowances is not an unconstitutional tax.
While some fear the Employment Non-Discrimination Act would bring an uptick in discrimination-related litigation, companies such as Apple, Accenture, Bank of America, Capital One, Citigroup, General Electric, Goldman Sachs, JPMorgan Chase, and many others have expressed their support for the proposed law, says Katharine Parker of Proskauer Rose LLP.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
The statutory and regulatory framework, marketplace, infrastructure and use of health information technology has grown and changed exponentially during the 2013 calendar year — but not without practical and legal challenges ranging from Affordable Care Act implementation to fraud and data protection concerns, say Sidney Welch and Cindy Acosta at Kilpatrick Townsend & Stockton LLP.
A recent change to the regulations governing practice before the IRS, commonly known as Circular 230, is under attack. The D.C. Circuit ruling in Loving v. Internal Revenue Service will have a significant effect on the IRS and tax return preparers and could have implications for other practitioners, says Robert Probasco of Thompson & Knight LLP.
While the sheer volume of tips received this year underscores the impact the U.S. Securities and Exchange Commission whistleblower program has had on enforcement activities in its second year of operation, the continuing pattern of diversity among whistleblowers is also noteworthy. Any concerns about the commission’s ability to adequately publicize the program have seemingly been laid to rest, says Steven Goldschmidt of Ropes & Gray LLP.
While the Obama administration delayed the employer mandate provision of the Affordable Care Act until next year, employers will soon have to determine whether an employee is classified as full-time and is therefore eligible for coverage — which may lead to staffing decisions that could expose them to liability. Remember, section 510 of ERISA generally prohibits interfering with employee benefits, say Adam Solander and Kara Maciel of Epstein Becker Green PC.
The European Commission’s recent proposal to establish a common definition of "trade secrets" and set of remedies in all 28 EU members states is likely to increase confidence that this element of intellectual property policy can be addressed effectively in the trade agreement currently in negotiation between the EU and U.S., say Jan-Diederik Lindemans and Mark Klapow of Crowell & Moring LLP.
Regarding the petition for certiorari in Dudenhoefer v. Fifth Third Bancorp, the solicitor general recently opined that only the presumption of prudence regarding employer stock being a proper legal standard for evaluating breach of fiduciary duty claims warrants the U.S. Supreme Court's review. Although presumably the high court will show deference to the solicitor general’s opinion, the high court should do just the opposite, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
Pennsylvania’s House Bill 1620 may be the result of public perception that franchisees are powerless and need protecting. But for franchisors that have long fought to remove the concept of fiduciary duty from commercial contractual relationships, this legislation would appear to undo much of the common law that has developed over the last 20 years, says Theodore Pearce of Nexsen Pruet LLC.