10.02.2024New Complaint Questions the Constitutionality of the Occupational Safety and Health Review CommissionKenric Steel, LLC, a New Jersey based steel fabrication company, filed a complaint in the U.S. District Court of New Jersey alleging that the Occupational Safety and Health Review Commission (OSHRC), an independent federal commission, should not decide whether Kenric Steel, LLC has to pay $348,000 in penalties for alleged violations of the Occupational Safety and Health Act (OSH Act). The penalty assessed includes citations for willful violations.
08.26.2024SIXTH CIRCUIT DECLINES TO DEFER TO NLRB DECISION CITING LOPER BRIGHTThere has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision which jettisoned Chevron deference. We didn’t need to wait long to find out the 6th Circuit’s answer – none.
06.29.2021The Supreme Court Says, “The NCAA is not above the law.” Will College Athletes Get Paid To Play?In a long awaited decision, the U.S. Supreme Court ruled unanimously this week in National Collegiate Athletic Association v. Alston et al., that the NCAA violated the antitrust laws in limiting the education-related benefits colleges and universities can offer student athletes. The case involved a broader challenge by current and former NCAA Division I student athletes, to rules on student-athlete pay imposed by the NCAA.
06.22.2021NJ Supreme Court Strikes Adverse Employment Action Requirement in Failure to Accommodate ClaimsOn June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish that she suffered an adverse employment action in addition to demonstrating her employer’s inaction in failing to reasonably accommodate her disability.
06.07.2021Supreme Court Narrows Liability Under the Computer Fraud and Abuse ActLate last week, the U.S. Supreme Court issued a decision that narrows the scope of a statute used by the Government and private parties against individuals who access computer systems without authorization. The decision in Van Buren v. United States resolved a split among lower courts limiting both civil and criminal liability under the Computer Fraud and Abuse Act (CFAA), a statute that prohibits individuals from “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing]…information from any protected computer.”
07.21.2020New Jersey Arbitration Act Rushes in and Orders Arbitration Where FAA Fears to TreadIn a July 14, 2020 decision the Supreme Court of New Jersey held that the New Jersey Arbitration Act (NJAA) may apply to arbitration agreements even if the parties are subject to the Federal Arbitration Act (FAA) exemption for transportation workers engaged in interstate commerce.
04.23.2020Supreme Court Agrees to Decide Scope of Computer Fraud and Abuse ActAlthough this case involves a criminal prosecution, the decision will implicate the ability of companies to bring civil cases in federal court against employees and former employees that improperly access company data for improper purposes. The CFAA has been an important tool for companies to enforce the confidentiality of data in their computer systems and has become increasingly important as more and more confidential data is electronic.
10.07.2019Genova Burns’ 30th Anniversary Countdown of the Most Influential Cases, Events and LawsAs Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State. Case #18 is the "Baby M" Case of 1988.
This website uses cookies for site operation, security and analytics purposes, as described in our Privacy Notice and Cookie Notice. By clicking Ok, you are agreeing to our use of cookies.
OK
