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Ninth Circuit remands price fixing class action for consideration of evidence that more than a de minimis portion of class members was not injured. District court in D.C. Circuit rules that CAFA jurisdiction is improper unless the complaint itself invokes the class action rule or mechanism.
In RAV Truck & Trailer Repairs, NLRB order an employer to reopen a business it found closed for discriminatorily anti-union reasons. Upon review, D.C. Circuit held that it cannot decipher how NLRB determined the closure of the business constituted an unfair labor practice.
Wednesday, February 24, 2021 On 22 February 2021, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) brought clarity to the current and future status of the U.S. Environmental Protection Agency’s (EPA) 2015 Clean Power Plan (CPP) when it issued an order that will prevent the CPP from springing back to life. 1 The D.C. Circuit’s order provides EPA a clean slate to work from in developing a new plan to reduce greenhouse gas (GHG) emissions from the electric generating sector. As background, in 2015, EPA under the Obama administration promulgated the CPP...
Capitol riot investigation will be Garland's first priority as attorney general, he tells senators Matt Zapotosky, Ann E. Marimow and Devlin Barrett, The Washington Post Feb. 22, 2021 FacebookTwitterEmail WASHINGTON - Attorney general nominee Merrick Garland said Monday that, if confirmed, his first order of business will be the sprawling investigation into the U.S. Capitol riot, as he more broadly vowed to stamp out the rising threat of domestic terrorism and restore public faith in the Justice Department. Testifying at his confirmation hearing before the Senate Judiciary Committee, Garland...
Thursday, February 18, 2021 On January 13, 2021, a New York whistleblower attorney filed a lawsuit in the U.S. District Court for the District of Columbia challenging a recent final rule adopted by the Securities and Exchange Commission (the “Commission or “SEC”) which made several changes to the SEC’s whistleblower program. The SEC Final Rule The final rule was adopted on September 23, 2020 after an extended notice-and-comment period following issuance of the proposed rule on June 28, 2018 (our post on the final rule is here). Among other changes, the proposed rule had o...