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A Supreme Court Decision and Executive Order Change the Hiring Process For the SEC’s Administrative Law Judges
August 1st, 2018
On June 21, 2018, in its ruling in Lucia v. Securities and Exchange Commission, No. 17-130, the United States Supreme Court held in a vote of 7-2 that the Securities and Exchange Commission’s (“SEC”) bureaucratic hiring process for its administrative law judges (“ALJ”) violates the U.S. Constitution’s Appointments Clause. Justice Kagan, who authored the opinion, explained that...
Massachusetts Federal Court Approves Over $70 Million in Pay-For-Delay Settlements
August 1st, 2018
On July 18, 2018, U.S. District Judge Denise J. Casper granted final approval to two settlements between a class of direct purchasers and drugmakers Impax Laboratories Inc. and Medicis Pharmaceutical Corp. to end the pay-for-delay action involving the acne medication Solodyn. Combined with the other settlements in the case, it amounts to more than $70 million. In giving her preliminary...
Closing Time for California Employers Who Short Workers’ Wages at the End of Shifts
July 27th, 2018
On July 26, 2018, the California Supreme Court ruled that Starbucks cannot rely on the de minimis doctrine to combat its ex-employee’s claims for unpaid wages when closing the coffee shop at the end of the day. The ruling is a significant win for hourly workers as it ensures that Golden State employers cannot duck liability when failing to pay workers’ wages for only a few minutes of...
Minnesota Federal Court Ices NHL Players’ Concussion Litigation
July 16th, 2018
On July 13, 2018, the United States District Court for the District of Minnesota declined to certify a class of retired National Hockey League (“NHL”) players seeking long term medical monitoring costs from the NHL for concussion injuries they sustained while playing for the NHL. The NHL players’ cause of action alleged that the players sustained serious concussive injuries as a result...
Ain’t That a Sham? FTC awarded $448 million over sham litigation claim for Androgel
July 5th, 2018
On Friday, June 29, the FTC prevailed against Abbvie and Besins after a bench trial in which the FTC sought disgorgement damages for sham litigation against generic competitors over the drug, Androgel. The FTC rang the bell for $448 million. The FTC first filed the complaint in 2014 in the United States District Court for the Eastern District of Pennsylvania alleging the defendants...
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