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On March 16, 2018, almost seventeen months after oral argument, the U.S. Court of Appeals for the District of Columbia finally issued its ruling on several consolidated administrative challenges to the Federal Communications Commission’s (FCC) July 2015 Omnibus Declaratory Ruling and Order (Order) interpreting various provisions of the Telephone Consumer Protection Act. ACA Int’l v. FCC, No. 15-1211 et al., 2018 WL 1352922 (D.C. Cir. Mar. 16, 2018).  The decision focused on four aspects of…
The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top 10 largest data breaches of the 21st century, compromising background investigation records for some 22 million current and former federal employees.  But a class action lawsuit brought on behalf of those employees was recently dismissed for lack of Article III standing.  In that case, In re U.S. Office of Pers. Mgmt. Data Sec.…
The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22 million current and former federal employees.  But a class action lawsuit brought on behalf of those employees was recently dismissed for lack of Article III standing.  In that case, In re U.S. Office of Pers. Mgmt. Data Sec.…
On Tuesday, January 20, 2015, the U.S. Supreme Court will hear oral argument in a significant Medicaid-preemption case from the Ninth Circuit, Exceptional Child Center, Inc. v. Armstrong. In that case, Medicaid-participating health care facilities in Idaho sued the state’s Department of Health and Welfare officials for failure to properly reimburse the providers for their costs under the Medicaid Act. The providers argue that Idaho’s low reimbursement rates violated Section 30(A) of the Medicaid Act,…
In the manufacturing supply chain, parties often enter into contracts that lack a term of duration. Blanket purchase orders without a set quantity or a set duration are, as one judge observed, “commonplace in the automotive industry in Michigan.” Sundram Fasteners Ltd. v. Flexitech, Inc., No 08-cv-13103, 2009 U.S. Dist. LEXIS 104037, at *24 (E.D. Mich. Nov. 9, 2009) (Cleland, J.). The majority of contracts arising by virtue of such blanket purchase orders are contracts of indefinite duration…