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EMPLOYMENT Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 31, ISSUE 12 / JANUARY 4, 2017

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EMPLOYMENT Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 31, ISSUE 12 / JANUARY 4, 2017 Westlaw Journal EMPLOYMENT Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 31, ISSUE 12 / JANUARY 4, 2017 WHAT’S INSIDE AUTOMOTIVE 3 Goodyear asks SCOTUS to restrict federal judges’ inherent sanctions power BANK & LENDER LIABILITY 5 U.S. justices could allow Miami to sue banks over lending bias Bank of America Corp. v. City of Miami (U.S.) BANKRUPTCY 6 Justices debate creditor collusion, role of settlements in bankruptcy cases Czyzewski v. Jevic Holding Corp. (U.S.) EMPLOYMENT REUTERS/Jonathan Ernst 9 Business groups urge Red velvet drapes hang at the back of the courtroom at the U.S. Supreme Court building in Washington. The court’s 2016-2017 term began in October Supreme Court to OK with eight justices, and the chances of a ninth justice being nominated and confirmed by the end of the term are uncertain. narrower review of EEOC subpoena rulings McLane Co. v. EEOC (U.S.) SPECIAL ISSUE ENVIRONMENTAL 11 Landowners’ bid to split U.S. Supreme Court report: A preview of upcoming cases parcel on protected river now before high court U.S. Supreme Court decisions affect the laws the Fair Housing Act; which standard appellate Murr v. Wisconsin (U.S.) and jurisprudence across many practice areas. courts should apply to a trial court’s decision In this special year-end issue, Westlaw Journals to quash or enforce an Equal Employment HEALTH LAW provides subscribers with a comprehensive look Opportunity Commission subpoena request; 13 Supreme Court wades at cases pending before the nation’s top court. and whether creditor settlements can ignore into ‘transgender restroom’ bankruptcy priority. dispute, taking on case Our writers contribute analysis of cases in the from Virginia myriad fields we cover throughout the year. The Westlaw Journals also reports on a case before Gloucester County School court’s rulings in practice areas such as business the court asking if high-ranking federal officials Board v. G.G. (U.S.) and finance, class actions, employment, can be sued for the detention of non-citizens INTELLECTUAL PROPERTY bankruptcy, technology and health frequently after the 9/11 attacks. influence the law in many other subjects. 15 U.S. top court to hear We trust readers will find this compendium of dispute over trademark In a challenge to the Obama administration, groundbreaking legal developments helpful for band The Slants the court will decide if the U.S. Department of in keeping up with the ever-changing legal Lee v. Tam (U.S.) Justice overreached by sending public schools a landscape. WHITE-COLLAR CRIME letter telling them to generally treat transgender Westlaw Journals will continue to provide 20 Supreme Court to hear students consistent with their gender identity. updates on the high court’s actions in the qualified immunity case Some other issues before the court include: coming months. over 9/11 detentions whether a city can be an “aggrieved person” under Ashcroft v. Turkmen (U.S.) Westlaw Journals editorial team 41969500 TABLE OF CONTENTS Westlaw Journal Employment Published since May 1986 U.S. SUPREME COURT REPORT Director: Mary Ellen Fox Automotive Goodyear asks SCOTUS to restrict federal judges’ inherent sanctions power ................................................ 3 Editors: Tricia Gorman [email protected] Bank & Lender Liability Amy Grossberg, Esq. U.S. justices could allow Miami to sue banks over lending bias (U.S.) ............................................................5 Managing Desk Editor: Bankruptcy Robert W. McSherry Justices debate creditor collusion, role of settlements in bankruptcy cases (U.S.) ........................................6 Claims for time-barred debt do not violate FDCPA, debt collector argues (U.S.) ..........................................8 Desk Editors: Alex Horowitz, Jennifer McCreary, Employment Katie Pasek, Sydney Pendleton, Business groups urge Supreme Court to OK narrower review of EEOC subpoena rulings (U.S.) ..................9 Maggie Tacheny Environmental Graphic Designers: Landowners’ bid to split parcel on protected river now before high court (U.S.) ............................................11 Nancy A. Dubin, Ramona Hunter Health Law Westlaw Journal Employment Supreme Court wades into ‘transgender restroom’ dispute, taking on case from Virginia (U.S.) ................13 (ISSN 2155-594X) is published biweekly by Thomson Reuters. Intellectual Property U.S. top court to hear dispute over trademark for band The Slants (U.S.) .....................................................15 Thomson Reuters Patent exhaustion case added to Supreme Court’s queue (U.S.) ...................................................................15 175 Strafford Avenue, Suite 140 Attorneys weigh in on high court ‘substantial portion’ patent debate (U.S.) .................................................17 Wayne, PA 19087 Justices hear clashing arguments over laches defense to patent suits (U.S.) ................................................19 877-595-0449 Fax: 800-220-1640 White-Collar Crime Supreme Court to hear qualified immunity case over 9/11 detentions (U.S.) ...............................................20 www.westlaw.com Customer service: 800-328-4880 Expert Analysis: By Elizabeth Kurpis, Esq., Mintz, Levin, Cohn, Ferris, Glovsky & Popeo For more information, or to subscribe, Knockoffs: To kill or not to kill, that is the copyright question before the Supreme Court ...........................22 please call 800-328-9352 or visit west.thomson.com. Expert Analysis: By Matthew D’Amore, Esq., Morrison & Foerster Supreme Court to consider reach of U.S. patent laws to exported goods ....................................................24 For the latest news from Westlaw Journals, visit our blog at http://blog.legalsolutions. Expert Analysis: By Alexandra Laks, Esq., Morrison & Foerster thomsonreuters.com/tag/westlaw-journals. Class dismissed … But not quite: Supreme Court to review appealability of class certification denials when plaintiffs voluntarily dismiss case .............................................................................................26 Reproduction Authorization Aviation Authorization to photocopy items for internal Aviation company wins support in Supreme Court challenge of FAA rule (U.S.) .........................................28 or personal use, or the internal or personal Supreme Court asked to clarify Montreal Convention’s 2-year filing limit (U.S.) ..........................................29 use by specific clients, is granted by Thomson Reuters for libraries or other users regis- Bank & Lender Liability tered with the Copyright Clearance Center Lawyer wants Supreme Court to review CFPB ratification of enforcement action (U.S.) .............................30 (CCC) for a fee to be paid directly to the Copyright Clearance Center, 222 Rosewood Bankruptcy Barclays says high court need not take preemption case in SemGroup Chapter 11 (U.S.) ............................31 Drive, Danvers, MA 01923; 978-750-8400; www.copyright.com. Class Action Collective-action waivers in employee arbitration clauses arrive at high court (U.S.) ..................................32 Thomson Reuters is a commercial publisher Derivatives of content that is general and educational Big banks ask Supreme Court to review Libor antitrust decision (U.S.) ........................................................33 in nature, may not reflect all recent legal Employment developments and may not apply to the EEOC urges Supreme Court not to expand pre-suit conciliation process (U.S.) ..........................................34 specific facts and circumstances of individual transactions and cases. Users should consult Insurance with qualified legal counsel before acting Insurance group asks Supreme Court to review Michigan tax for ERISA conflict (U.S.) ...............................36 on any information published by Thomson Reuters online or in print. Thomson Reuters, Medical Malpractice its affiliates and their editorial staff are not a Federal court lacked jurisdiction in VA benefits dispute, government tells justices (U.S.) ........................... 37 law firm, do not represent or advise clients in any matter and are not bound by the profes- Pharmaceutical California high court erred on jurisdiction when it let Plavix case proceed, petition says (U.S.) ..................38 sional responsibilities and duties of a legal practitioner. Securities Litigation & Regulation Securities law profs ask justices to hear tolling issue in Deepwater Horizon suit (U.S.) ..............................40 Government contractor asks Supreme Court to review ‘failure to disclose’ securities suit (U.S.) .................41 Toxic Torts Manufacturers ask high court to hear jurisdiction dispute in toxic exposure case (U.S.) .............................42 Case Index ........................................................................................................................................................43 2 | WESTLAW JOURNAL n EMPLOYMENT © 2017 Thomson Reuters U.S. SUPREME COURT REPORT AUTOMOTIVE Goodyear asks SCOTUS to restrict federal judges’ inherent sanctions power By Alison Frankel (Reuters) – In its 1991 decision in Chambers v. NASCO Inc., 501 U.S. 32 (1991), the U.S. Supreme Court gave federal trial judges a lot of leeway to police the integrity of their dockets. Cert. granted The case involved a The Supreme Court found that the sanctions Louisiana television were akin to a criminal penalty because they Sept. 29 station operator that were intended
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