New York State

Pennsylvania State

On August 20, 2024, the Northern District of Texas in the case of Ryan, LLC v. Federal Trade Commission granted summary judgment to the Plaintiff Ryan, LLC, enjoining the FTC from implementing its rule banning non-compete agreements nationwide. On April 23, 2024, the FTC passed a final rule banning most...

Court Rules that the FTC Rule Banning Non-Competition Clauses in Employment Agreements is Unlawful and Order Has “Nationwide Effect”: Impact on Franchisors

Texas State

Yesterday, the U.S. District Court for the Southern District of Texas granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) motion for summary judgment on all Administrative Procedure Act (APA) challenges brought by several trade associations to the CFPB’s Final Rule under § 1071 of the Dodd-Frank Act, the “Small Business Lending Data Collection Rule” (Final Rule).

Texas Federal District Court Rejects All Administrative Procedure Act Challenges to CFPB’s Section 1071 Final Rule

In a tentative win for the CFPB, a federal judge in Texas ruled on August 26, 2024, that the agency did not exceed its authority when it issued its final Section 1071 small business lending rule. The court also rejected other Administrative Procedure Act (APA) challenges to the rule. However, the court did not issue a final judgment, as it still has to rule on the motion of certain intervenors to amend their complaint to add a claim focused on the legality of the CFPB being funded by the Federal Reserve Board, when since September, 2022, the combined earnings of the Federal Reserve System has been negative. That is contrary to the language of the Dodd-Frank Act.

Texas Judge Rules CFPB Did Not Exceed Authority in Issuing Small Business Reporting Rule

CBS News

A federal judge in Texas on Monday temporarily blocked the Biden administration from granting legal status to unauthorized immigrants married to American citizens, granting a request from 16 Republican-led states who challenged the new policy.The order by District Court Judge J. Campbell Barker effectively brings to a halt a large immigration program that opened just last week to an estimated half a million immigrants living in the U.S. without legal status. While preliminary and temporary, the ruling is also an early blow to one of the two major moves taken by President Biden in June on immigration, a top campaign...

Judge blocks Biden administration from granting legal status to spouses of U.S. citizens

Arizona State

Phoenix, AZ

PBS NewsHour

The justices on Thursday acted on an emergency appeal filed by state and national Republicans that sought to give full effect to voting measures enacted in 2022 following President Joe Biden's narrow win over Donald Trump in Arizona.

Supreme Court rejects Republican effort to block over 40,000 Arizona voters, but partly approves proof of citizenship law

Reuters

(Reuters) - A U.S. appeals court on Friday struck down a rule adopted by President Joe Biden's administration designed to raise pay for tipped workers, citing a recent U.S. Supreme Court ruling that curtailed federal agencies' ability to issue regulations.

US appeals court scraps Biden tipped wages rule

Earlier this year the Federal Trade Commission (FTC) issued a final rule that essentially banned noncompetes nationwide to protect the fundamental freedom of workers to change jobs, foster new business formation and increase innovation and competition. This ruling is also expected to increase wages for workers and lower healthcare costs...

Noncompete contracts no longer enforceable

On Aug. 19, 2024, the Biden Administration began receiving applications for the new, expanded parole in place program (“PIP”), hoping to allow families to remain together. This new program opens the possibility of legal status for many people in the United States who, although undocumented, are related to a U.S. citizen.

Parole in Place Program Expands Eligibility to Keep Families United

Q: In last week's Legal Briefs column, you noted that a Texas federal judge temporarily stopped the Federal Trade Commission's (FTC) noncompete rule from taking effect and that the judge would issue a final decision by Aug. 30. Has the judge issued a final decision? Does it apply nationwide? What are the implications for noncompetes in general? Would the judge's rationale apply to travel business rules issued by the DOT, such as the full-price rule and the codeshare rule?

FTC's noncompete rule is effectively dead

Tennessee State

Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon. Firearm prosecutions are reportedly “the third most common federal offense.” Such prosecutions are even more common in some districts, including the Middle District of Tennessee where over 42% of cases involve § 922(g). Section 922(g) is the law that prohibits felons, and certain other groups, from possessing firearms. The Sixth Circuit has now taken a big step in defining the constitutionality of the law, holding that a person only loses his Second Amendment rights under § 922(g) by committing a crime that involves danger to others or the community.

The Second Amendment Permits The Disarming of “Dangerous” Felons

Houston, TX

The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in the plaintiff’s complaint. Molzan v. Bellagreen Holdings, LLC, Case No. 23-20492 (5th Cir. Aug. 12, 2024) (Davis, Southwick, Duncan, JJ.)

Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss

The Supreme Court has kept a block on President Joe Biden's student-loan relief program that would extend payment periods and effectively forgive outstanding debts of $12,000 (£9,100) or less. It was another blow for Mr Biden's goal of providing sweeping relief to millions of Americans after the Supreme Court...

Supreme Court blocks Biden's latest try at student debt relief

HuffPost

U.S. District Judge Ada Brown issued an order preventing the Federal Trade Commission from enacting its potentially historic rule.

Trump-Appointed Judge Blocks Biden’s Ban On Noncompete Agreements

Missouri State

POLITICO

The entire plan was blocked in July by an appeals court.

Supreme Court won't reinstate Biden's loan repayment program

Florida State

I’m back with the latest. SunFlora, the Florida-based CBD company with a reputation for bold marketing, is now in a legal haze facing a proposed class action in Carroll v. Sunflora, Inc., 8:24CV02047, filed in the U.S. District Court, Middle District of Florida for allegedly bombarding consumers with illegal robocalls. Plaintiff, a Florida resident who claims she never agreed to receive SunFlora’s prerecorded calls promoting CBD products, is at the center of this legal drama for alleged violations of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).

SUNFLORA’S CBD ROBOCALL FIASCO: Privacy Promises or Just Blowing Smoke?

Colorado State

The Marijuana Herald

The Marijuana Herald - Marijuana news and information
Lawmakers from 33 different states are now sponsoring federal legislation to deschedule marijuana, and to respect state marijuana laws. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act, filed in April 2023 in the US House of Representatives, now has 94 sponsors, while the Senate’s Cannabis Administration and Opportunity Act (CAOA) has 18 sponsors. The MORE … 
Continue reading
The post Federal Legislation to Deschedule Marijuana and Respect States’ Rights Sponsored by Lawmakers From 33 States appeared first on The Marijuana Herald.

Federal Legislation to Deschedule Marijuana and Respect States’ Rights Sponsored by Lawmakers From 33 States

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas’s June 20, 2024, decision in American Hospital Association (AHA), et al. v. Xavier Becerra, et al. The district court held that OCR exceeded its authority in certain respects in a bulletin (the Bulletin) concerning HIPAA’s application to cookies and other online tracking technologies on HIPAA-regulated entities’ unauthenticated webpages (i.e., webpages that are publicly available and do not require users to log in before they are able to access the webpage). OCR last updated the live, online version of the Bulletin on June 26, 2024, to state that OCR “is evaluating its next steps in light of [the Northern District of Texas’s] order.” For more information about the decision, see our On the Subject.

OCR Files Notice of Appeal in Online Tracking Technologies Case

Georgia State

Contributors represent independent, third-party users who have joined our contributor program and self-verified their accounts. They have also demonstrated their experience writing hard news for other outlets. Contributors are expected, like all users, to adhere to our Community Standards.

contributor

Daily Coffee Press

According to officials with the Southern District of Georgia, two recently unsealed federal indictments have charged 23 defendants in a series of broad conspiracies involving the use of drones to smuggle methamphetamine, marijuana, and cell phones into state prisons in Georgia.

23 Defendants Charged in Federal Indictments for Drone-Smuggling Drug Operation in Georgia

A US federal appeals court on Friday blocked the Biden Administration from implementing its student loan forgiveness plan known as “SAVE.” The decision expands a previous appellate court order that prevented a portion of the program from taking effect. In the updated ruling, a three-judge panel of the...

US appeals court expands block on Biden Administration student loan forgiveness

Business Insider

Vice President Kamala Harris proposed a ban on price gouging on food and groceries as Trump continues his attacks on her economic record.

Harris wants to lower grocery prices with a 'first-ever' federal ban on unfair costs for everyday goods

NewsBreak

Amicus Brief Argues CFPB Overreached in Enforcement Action Against Auto Lender

On August 21, a group of trade organizations filed an amicus brief in support of a motion to dismiss filed by a subprime auto lender that...

Amicus Brief Argues CFPB Overreached in Enforcement Action Against Auto Lender

Comments / 0