U.S. v. Fokker, No. 15- 3016 (D.C. Cir. April 5, 2016)

By: Megan Doyle In U.S. v. Fokker,[1] the D.C. Circuit questioned the breadth of authority that the executive branch has in bringing criminal charges.[2] The Court examined the question of whether the Executive could use a deferred prosecution agreement (“DPA”)[3] to suspend the Speedy Trial Act in certain circumstances, particularly when the DPA mandates a […]

Caffe Ribs, Inc. v. State

By: William Warmke Caffe Ribs, Inc. v. State reviews a trial court’s discretion in applying the project-influence rule to exclude evidence concerning the government’s role in delaying a condemned property’s environmental cleanup prior to a taking.[1] In 1995, Caffe Ribs, Inc. (“Caffe”) purchased a condemned property from Paul Revere Variable Annuity Insurance Company (“Revere”).[2] At […]

Antitrust Standards: A Shift Towards a Broad Interpretation

By: Emily Wolfford The plaintiffs, BRFHH Shrevport, LLC (BRFHH), an owner of a University Health Hospital and Vantage Health Plan, Inc. (Vantage), a health insurance provider, sued a competing healthcare provider, Willis Knighton Medical Center (Willis Knighton). The suit alleged two antitrust claims: 1) attempted monopolization and anticompetitive acquisitions and mergers, and 2) illegal merger […]

Friedrichs v. Cal. Teachers Ass’n

By: Patrick Kain   Last week the United States Supreme Court, exemplifying the Court’s shift to the left following the death of Justice Antonin Scalia, issued a key ruling in favor of organized labor unions.[1]  The decision represents a shift from the traditionally conservative and anti-union Court, to a much more liberal approach to union […]

Kimble V. Marvel Entm’t, LLC

By: Ninozka Rodríguez   In 1990, petitioner Stephen Kimble (“Kimble”) patented a toy glove that allowed users to shoot foam from the palm of their hands as “spider webs,” and in doing so mimic the beloved comic book character, Spider Man.[1] That year, Kimble met with respondent, Marvel Entertainment, LLC (“Marvel”), well known for producing and […]

U.S. Postal Serv. v. Postal Regulatory Comm’n

By: Brian Gauthier In U.S. Postal Service v. Postal Regulatory Commission,[1] the D.C. Circuit refused to grant review of an appeal brought by the U.S. Postal Service (hereinafter, “the USPS”) where the Postal Regulatory Commission (hereinafter, “the Commission”) denied the Service’s request to re-classify its “round-trip mailers.”  The round-trip mailer is a product that is […]

The missing piece in “the big short” scandal: DOJ v. Standard & Poor’s Financial Services LLC

By: David Najera Between 2004 and 2007, Standard and Poor’s Rating Services (“S&P”) was one of the few companies licensed to provide letter grade ratings to Residential Mortgage Backed Securities (“RMBS”) and Collateral Debt Obligations (“CODs”). On November 14, 2006, the head of the RMBS and CDOs’ Surveillance Group at S&P informed to two senior […]

Department of Transportation Final Ruling on Amendment to 14 C.F.R. Part 252

By: Joseph A. Petroski On March 2, 2016, the U.S. Department of Transportation completed a final rulemaking to amend 14 C.F.R. Part 252.[1]  This regulation (Part 252) was first finalized in June of 2000, and it banned “smoking of tobacco products on air carriers.”[2]  The regulation applied, and still does apply, only to commercial flights […]