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|Federal Court Reinstates $203 Million Judgment Against Wells Fargo for Misleading Consumers on Posting of Debit-Card Purchases that Resulted in Unexpected Overdraft Fees|
Lieff Cabraser Heimann Bernstein LLP;
May 20, 2013, previously published on May 15, 2013Michael W. Sobol of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. District Judge William Alsup late yesterday afternoon issued an order to reinstate a $203 million judgment against Wells Fargo Bank. The judgment is based upon the...
|Appeals Court Upholds FERC's ROE Approach|
Michael D. Hornstein; Day Pitney LLP;
May 20, 2013, previously published on May 17, 2013On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather...
|New York Court of Appeals upholds Amazon Law|
Loeb Loeb LLP;
May 20, 2013, previously published on May 2013The New York Court of Appeals recently upheld the constitutionality of New York’s Amazon law, which requires out-of-state (or remote) sellers to collect sales tax on taxable sales to New York customers based only on the sellers’ referral agreements with New York residents and remit...
|Court of Appeal Narrowly Reads School Bond Measure Language In Siding with Taxpayer Group’s Challenge To High School Stadium Lighting Project|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
May 20, 2013, previously published on May 17, 2013The California Court of Appeal, Fourth Appellate District, recently held that school district bond revenues could not be spent on stadium lighting where the bond proposition did not specifically list field lighting as part of the contemplated projects, in accordance with the requirements of...
|Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011|
Ronald E. Meisburg; Proskauer Rose LLP;
May 18, 2013, previously published on May 16, 2013The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of the Congress. In so doing, it held the March, 2010 recess...
|Attorneys' Fees Provisions: Not a Blank Check to Overreach|
Anne E. Kane; Schnader Harrison Segal & Lewis LLP;
May 18, 2013, previously published on May 2013In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise.
|D.C. Court of Appeals Strikes Down NLRB Notice-Posting Rule|
Alston Bird LLP;
May 17, 2013, previously published on May 14, 2013On May 7, 2013, a panel of the United States Court of Appeals for the District of Columbia issued its opinion in National Association of Manufacturers v. NLRB, striking down the National Labor Relations Board’s (NLRB or the “Board”) 2011 rule requiring employers to post notices...
|The Second Opinion: Ontario Court of Appeal Rejects Late-Breaking Request for Rectification|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
May 17, 2013, previously published on May 15, 2013In its recent ruling in Stevens v. Stevens, 2013 ONCA 267, the Ontario Court of Appeal refused to grant a party’s request that a document (a domestic contract) be rectified in his favour. While the Court’s decision may strike many as sensible in the circumstances, the precise doctrinal...
|Alsup Awards $203 Million against Wells Fargo, Again|
Lieff Cabraser Heimann Bernstein LLP;
May 17, 2013, previously published on May 15, 2013As reported by The Recorder, a $203 million recovery for customers of Wells Fargo Bank who paid hefty overdraft charges is back in place, without so much as a nip or a tuck to show for last year's appellate ruling siding with the bank on several key issues.
|The District of Columbia Court of Appeals Severely Rebukes the NLRB for Overreaching|
Marc J. Bloch; Walter & Haverfield LLP;
May 16, 2013, previously published on May 2013On Tuesday, May 7, 2013, the District of Columbia Court of Appeals struck down a rule that would have required millions of employers to post the National Labor Relations Board's employee-rights poster.