This case is a combination of appeals from United States Courts of Appeals for the Seventh, Ninth, and Third Circuits. The facts from each case are substantially similar.
Congress enacted the Employee Retirement Income Security Act (“ERISA”) in...
statutory construction
(LIIBULLETIN preview (pre-2014))
Facts
In 2006, Carol Anne Bond discovered that her friend, Myrlinda Haynes, was pregnant from an affair with Bond’s husband. See United States v. Bond, 681 F.3d 149, 151 (3d Cir. 2012). Seeking revenge, Bond acquired toxic chemicals, 10-...
(LIIBULLETIN preview)
CompuCredit Corporation considered a credit repair organization for purposes of this case, marketed a subprime credit card called Aspire Visa to consumers with impaired credit records. See Greenwood v. CompuCredit Corp., 615 F.3d 1204, 1205 (9th Cir....
(LIIBULLETIN preview)
Responding to the rise of unsolicited and intrusive robocalls, Congress passed the Telephone Consumer Protection Act of 1991 (“TCPA”). Duguid v. Facebook, Inc., (9th Cir. 2019) at 1149. The TCPA forbids calls from an automated telephone dialing system...
(LIIBULLETIN preview)
In 2012, a group of five individuals employed as service advisors (collectively “Navarro”) at Encino Motorcars (“Encino”) filed suit against Encino for violating the Fair Labor Standards Act (“FLSA”) by, among other things, failing to pay them overtime...
(LIIBULLETIN preview)
Under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, federal agencies must disclose records to anyone who requests them, subject to certain exemptions. See AT&T v. FCC, 582 F.3d 490, 492 (3d Cir. 2009). If an agency refuses to disclose...
(LIIBULLETIN preview)
In 1970, Congress passed the Controlled Substance Act ("CSA") as part of a comprehensive federal scheme to regulate and control certain drugs and other substances. Under the CSA, physicians who prescribe controlled substances are...
(LIIBULLETIN preview)
This case begins with a loan dispute between Valerie Hawkins and Janice Patterson, as guarantors, and the Community Bank of Raymore, (“Raymore”), as creditor. See Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937, 939 (8th Cir. 2015). Hawkins and...
(LIIBULLETIN preview)
Factual Background for Holder v. Gutierrez
In 1989, respondent Carlos Martinez Gutierrez illegally entered the United States to reside with his parents at the age of five. See Brief for Petitioner, Eric H. Holder, Jr. at 4–5. Two years later, his father...
(LIIBULLETIN preview)
In the small Mexican border city of Nogales, Arizona, the vast majority of primary through high school students are Hispanic, and Spanish is their primary language. See Flores v. Horne, 516 F.3d 1140, 1145 (Feb. 22, 2008). During at least some portion...