Civil Rights – PPACA – Individual Mandate – University Challenge – Civil Practice – Federal Jurisdiction – Anti-Injunction Act
Liberty University Inc. v. Geithner The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the ca[...]
Civil Practice – Federal Jurisdiction – Diversity – Corporate – ‘Nerve Center’
Central W.Va. Energy Co. v. Mountain State Carbon LLC. (Lawyers Weekly No. 001-074-11, 12 pp.) (Wynn, J.) No. 10-1486, April 13, 2011; USDC at Beckley, W.Va. (Johnston, J.) 4th Cir. Holding: In a West Virginia coal sales company’s contract action against steel companies Severstal Wheeling and Mountain State, the 4th Circuit reverses the district court’s […]
Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations
Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, (2) the outcome of this case will have no impact on the S.C. resident’s rights, […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched