LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CONSUMER PROTECTION LAW, CYBERSPACE LAW, INJURY AND TORT LAW
• Clark v. Time Warner Cable

ANTITRUST & TRADE REGULATION, CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, HEALTH LAW, WHOLESALE
• Delaware Valley Surgical Supply Inc. v. Johnson & Johnson

ETHICS & PROFESSIONAL RESPONSIBILITY, IMMIGRATION LAW
• Hernandez v. Mukasey

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CONSUMER PROTECTION LAW, CYBERSPACE LAW, INJURY AND TORT LAW
Clark v. Time Warner Cable, No. 07-55794
The doctrine of primary jurisdiction permits a district court to refer a claim raising a novel and technical question of federal telecommunications policy to the Federal Communications Commission (FCC) for its consideration in the first instance. Read more...

ANTITRUST & TRADE REGULATION, CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, HEALTH LAW, WHOLESALE
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson, No. 08-55105
In an interlocutory appeal stemming from a disagreement between two different groups of plaintiffs about who has standing as a "direct purchaser" to bring a claim against Johnson & Johnson and subsidiaries under federal antitrust laws, a judgment ruling against plaintiff-hospital is affirmed as it lacked standing to pursue an antitrust claim under a direct purchaser theory. Read more...

ETHICS & PROFESSIONAL RESPONSIBILITY, IMMIGRATION LAW
Hernandez v. Mukasey, No. 04-72696
Knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in a removal proceeding. Petition for review of a BIA decision denying Mexican natives' motion to reopen their deportation proceedings on the ground of ineffective assistance of counsel is affirmed over a claim that their deportation proceedings warrant reopening because their due process rights were violated by the deficient assistance of an immigration consultant. Read more...