Federal Law News

District Court Finds Equitable Relief Not Available to Private Litigants Under FCRA

The U.S. District Court for the District of Columbia recently dismissed FCRA claims of a pro se Plaintiff finding that there is no private cause of action for equitable relief. In Jackson Phillip Mosley v. Bank Of America...

Federal Circuit Blue & Gold Waiver Rule Procurement Action

“You Got To Know When To Protest�? Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has�?

Adam A. Bartolanzo & John W. Chierichella

The implications of the Federal Circuit’s Blue & Gold waiver rule – pursuant to which a...

Second Circuit TCPA Case Production Evidence Documents Prerecorded Calls

TCPA QUICK HITTER: No Discovery, No Judgment–TCPA Defendant Stuck in Case After it Failed to Ask for Critical Evidence

Eric J. Troutman

Real quick one for you folks.

A TCPA Defendant was just denied summary judgment on a prerecorded call claim because it never actually asked for the Plaintiff to produce the alleged prerecorded calls....

FedEx Driver Truck Employee Drug Test Opioid Termination Employer

Court Upholds Termination of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

Stacey J. Lococo

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...

America Invents Act Filing Date Provisions

A Look at AIA § 3(n)(2): Part Two of a Two-Part Series on AIA § 3(n) Effective Filing Date Provisions

M. Paul Barker & Michele C. Bosch

Interpreting the language of the America Invents Act (AIA) remains an exciting challenge. The effective date provisions of the AIA transition sections 3(n)(1) and 3(n)(2) are no exceptions. Part 1 of this series discussed a...

Predominance in Class Action Litigation Bais Yaakov Decision

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Kevin P. Daly

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...

End Days For Session Replay Software Litigation: Another Case Bites the Dust

Kristin L. Bryan

Since this summer CPW has declared session replay software litigation...

US Soccer Federation Mens-Womens Equal Pay

What Does Equal Pay Really Mean?

Paul M. Huston

By now you've certainly heard of the U.S. women's soccer team's challenge to their pay arrangement. Back in the spring of 2019, the players sued the United States Soccer Federation ("USSF") alleging they were unfairly...