Ninth Circuit Overturns Exception to Criminal Plain Error Review

A full panel of Ninth Circuit judges overturned Tuesday the court’s decades-long precedent of granting an exception to the federal rule of criminal procedure’s “plain error” review standard when the ...
JD Supra

Fourth Circuit Expands Exception for Religious Employees

On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote ...
JD Supra

Third Circuit Finds No Exception Under FCRA for a Furnisher’s Failure to Investigate “Frivolous” Indirect Dispute

The Third Circuit Court of Appeals overruled a district court’s reading of an exception into §1681s-2(b) of the Fair Credit Reporting Act (FCRA) that would allow a furnisher discretion to refuse to ...
Law

Tenth Circuit Affirms Reliance On 'Effective Vindication Exception' to Refuse to Enforce Arbitration Provision

Defendant Envision Management Holding, Inc. (Envision) and a related entity collectively employ about 1,000 individuals. Id. at 3-4. Envision's founders created the Envision Employee Stock Ownership ...