Correspondent
White House correspondent, covers patent, trade and regulatory news
The Second Circuit affirmed a district court ruling upholding a federal rule that allows certain Medicaid inspections of skilled nursing facilities without a registered nurse present. The court held that the statutory mandate for a registered nurse applies only to formal surveys, not to complaint investigations or compliance monitoring.
The Ninth Circuit affirmed the criminal conviction of a chief engineer for maintaining an inaccurate Oil Record Book while a foreign-flagged vessel was in U.S. waters. The court held that the regulation's plain language requires the record to be substantively accurate, not merely physically preserved.
The Second Circuit affirmed that purchasing a competitor's trademark as a search keyword does not inherently constitute trademark infringement under the Lanham Act. The court held that because the resulting advertisements and landing pages did not display the plaintiff's marks, there was no plausible likelihood of consumer confusion.
The Second Circuit affirmed the dismissal of a dispute over solar interconnection tax fees, ruling that federal courts lack subject-matter jurisdiction. The court held that the underlying tax questions were not substantial enough to support federal jurisdiction over state-law claims.
The Second Circuit dismissed the Republic of Sudan's interlocutory appeal, holding that the Foreign Sovereign Immunities Act's appellate bar precludes immediate review of immunity denials under the collateral-order doctrine. Sudan must await a final judgment before challenging the district court's ruling that it lacks sovereign immunity.
The D.C. Circuit denied Entergy's petitions for review of the Federal Energy Regulatory Commission's approval of revised capacity market rules for the Midcontinent Independent System Operator. The court held that FERC provided a reasoned explanation for its decisions, satisfying the arbitrary and capricious standard of review.
The D.C. Circuit affirmed the dismissal of a visa applicant's claim that a consular officer failed to make a final decision on her application. The court held that federal regulations do not impose a clear legal duty prohibiting officers from placing refused applications in administrative processing.
The D.C. Circuit held that the Federal Energy Regulatory Commission must apply the Mobile-Sierra presumption before ordering refunds for electricity sales exceeding a soft price cap. The court vacated the Commission's refund orders and dismissed challenges from consumer groups as moot.
The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.
The Ninth Circuit granted in part, dismissed in part, and denied in part a consolidated petition for review of a Board of Immigration Appeals decision, holding that California carjacking is not a categorical crime of violence and remanding for consideration of crimes of moral turpitude.
