Supreme Court sides with plaintiff in retirement plan lawsuit
The US Supreme Court ruled unanimously Wednesday in Intel Corp. Investment Policy Committee v. Sulyma that a plaintiff in a retirement plan fiduciary lawsuit must have “actual knowledge” of an alleged fiduciary breach to trigger a shorter three-year statute of limitations under the Employee Retirement Income Security Act of 1974 (ERISA), rather than the six-year [...]
Federal appeals court dismisses Tennessee refugee resettlement challenge
The US Court of Appeals for the Sixth Circuit on Wednesday dismissed Tennessee’s suit against the federal government over financing refugee resettlement within the state. Tennessee contended that the federal government should foot the bill on all costs associated with refugee resettlement. In passing these expenses on to the states, Tennessee argued, the federal government [...]
Supreme Court to take up state law copyright and health care cases
The US Supreme Court on Monday granted certiorari in eight cases, taking on such as issues as whether states can copyright their laws and whether insurers are entitled to Affordable Care Act (ACA) money for “risk corridor” payments. In Georgia v. Public.Resource.org, the state is suing to be able to copyright annotations in its official [...]
The Georgia legislature is poised to pass a “fetal heartbeat” law similar to those recently passed in Kentucky and several other states. The bill, which narrowly cleared the House, would prohibit abortions after a fetal heartbeat can be detected—generally at 6 to 7 weeks into pregnancy. Because pregnancy is generally dated from the last menstrual [...]
On June 17, 2015, Dylan Roof burst into a prayer service at Emanuel A.M.E. Church in Charleston, South Carolina with a .45 caliber Glock. He killed nine churchgoers and injured another. In the aftermath of the shooting, the FBI explained that Roof “should not have been allowed to purchase the gun he allegedly used that [...]
EPA Takes a Toxic Turn by Backing Away from Mercury Regulation
Mercury is one of the most toxic substances on earth. When inhaled or ingested by humans, mercury can cause severe neurological damage, cardiovascular harm, endocrine disruption, kidney damage and muscle coordination issues. When pregnant women are exposed, their babies can suffer IQ and motor skills impairments that will last their lifetime. Through rain, snow or [...]
On October 24, 2018, New York Attorney General Barbara Underwood sued Exxon for defrauding investors about the business risks of climate change. Of course, Exxon will probably deny that it committed fraud. But, in anticipation of this day, the oil giant has spent the last two years preparing a far more insidious legal defense: that its fraud is actually protected [...]
Will Congress’s Omnibus Opioids Bill Turn the Tide on America’s Drug Epidemic?
Earlier this month, Congress sent a sweeping legislative package aimed at curbing the opioid epidemic to President Trump’s desk for signature, and the President has said he intends to sign it. Despite the increasing rancor that has poisoned so much our political discourse, the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) [...]
Our phones are constantly searching for the greatest connection, updating our location, and often connect to multiple cell towers on any given day, divulging our whereabouts to service providers with relative ease. In recent years, the accuracy of this method to pinpoint a person’s current and past location has increased significantly. And given that there [...]
The retirement of Justice Anthony Kennedy this week represents the end of an era and the beginning of the entrenchment of a more conservative Supreme Court, probably for years to come. That much seems clear. But there are actually many more sides to Justice Kennedy’s retirement than that simple statement implies. Justice Kennedy was nominated [...]
