In Canda, Interest is Not Interest … When It is a Penalty

By | Canadian Appeals Monitor | August 30, 2013
In Diamantopoulos v. Construction Dompat Inc., 2013 QCCA 929, a construction contract specified a late payment interest rate of 24% per annum and a legal/collection fees charge of  20% on the amount due. The Québec Court of Appeal characterized these clauses jointly as “penal”, excessive and abusive, and reduced the charges to a single, global interest rate of 15%.

Oral Arguments Tee Up Widely Anticipated 9th Circuit Decision in “Aereokiller” Case

By | InsideTechMedia | August 30, 2013

A three-judge panel of the Ninth Circuit Court of Appeals heard oral arguments on Tuesday in the so-called “Aereokiller” litigation.  The case tests whether services that allow subscribers to stream broadcast television on their computers and mobile devices infringe the exclusive right of copyright owners to publicly perform their copyrighted works.

Federal Appeals Court Rejects Whistleblower’s Medical Device Defect Claim

By | Healthcare Law Insights | August 29, 2013
Federal Appeals Court Rejects Whistleblower’s Medical Device Defect Claim

On August 20, the Fifth Circuit Court of Appeals rejected a whistleblower claim by a former employee of Cardinal Health, Inc., affirming dismissal of the former employee’s complaint, which alleged that Cardinal Health sold hospitals run by the U.S. Department of Veterans Affairs defective medical equipment, in violation of the False Claims Act (FCA).

Second Circuit Interprets Securities Contract Safe Harbor Broadly for Second Time in Three Years

By | The Swap Report | August 29, 2013
Second Circuit Interprets Securities Contract Safe Harbor Broadly for Second Time in Three Years

For the second time in three years, the United States Court of Appeals for the Second Circuit (the “Court”) has taken a broad view of the “safe harbor” provision found in section 546(e) of the Bankruptcy Code for certain “settlement payments” and transfers in connection with securities contracts.

Reading Law: An Indispensable Treatise

By | The Appellate Strategist | August 29, 2013
Reading Law: An Indispensable Treatise

In 2012, Supreme Court Justice Antonin Scalia and legal writing expert, Bryan Garner, published Reading Law: The Interpretation of Legal Texts. According to its authors, the purpose of the book is two fold: (1) to promote a judicial philosophy that finds the content of the law in the text of the Constitution, statutes, and contracts rather than the judge’s conclusions regarding what the authors of the text intended, or should have intended; and (2) to illuminate the governing principles (canons) that guide the interpretations of legal texts.

Township of Mount Holly Files Opening Brief in Supreme Court Case On Disparate Impact Claims Under Fair Housing Act

By | CFPB Monitor | August 28, 2013
Township of Mount Holly Files Opening Brief in Supreme Court Case On Disparate Impact Claims Under Fair Housing Act

Despite the pending settlement discussions, the Township of Mount Holly has filed its opening brief in the U.S. Supreme Court.  The question presented in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. is whether disparate impact claims are cognizable under the Fair Housing Act (FHA).