What’s in Your Breakfast Sanwich? Eighth Circuit Weighs in On Accidental Product Contamination Policies and Voluntary Product Recalls

What’s in Your Breakfast Sanwich? Eighth Circuit Weighs in On Accidental Product Contamination Policies and Voluntary Product Recalls

In Hot Stuff Foods, LLC v. Houston Casualty Co., 2014 U.S. App. LEXIS 21727 (8th Cir. Nov. 17, 2014), the Eighth Circuit Court of Appeals reversed and remanded a lower court decision holding that a food company’s voluntary recall was covered under an ‘accidental product contamination’ insurance policy.

SCOTUS Argument Preview: Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

By | Federal Regulations Advisor | November 25, 2014
SCOTUS Argument Preview:  Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

Next Monday, the United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.

LXBN TV: Fifth Circuit – Inadvertently Outing a Whistleblower Counts As Adverse Action Under SOX

By | LXBN | November 24, 2014
LXBN TV

Companies can’t be careful enough when it comes to potential retaliation against whistleblowers. In fact, they may be perceived as retaliating—or doing something just as bad—when they didn’t even know they were. That’s exactly the case in a ruling coming out of the Fifth Circuit Court of appeals, one involving Halliburton.

Ninth Circuit Finds Mall Owner’s State Trespass and Nuisance Claims Not Preempted in a Secondary Boycott Context – a Circuit Split On Preemption

In a recent case of note, the Ninth Circuit held that federal labor laws did not preempt a shopping mall owner’s state law claims for trespass and nuisance against a union that was picketing a store in the mall.  See Retail Property Trust v. United Brotherhood of Carpenters, No. 12-56427 (9th Cir. September 23, 2014). 

Eleventh Circuit Limits Scope of FCA Whistleblower Suit

Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”), alleging that the company engaged in an illegal to generate referrals of Medicare and Medicaid patients to its facilitates.