Ninth Circuit Holds School Can Respond to Student’s Violent Off-Campus Remarks

Ninth Circuit Holds School Can Respond to Student’s Violent Off-Campus Remarks

On August 29, 2013, the U.S. Court of Appeals for the Ninth Circuit held in Wynar v. Douglas County School District that a school can discipline a student in response to speech occurring off-campus if it meets the requirements set forth by the U.S. Supreme Court for prohibition of on-campus student speech.

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).