JORIE BAGNATO In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court gave a broad interpretation to the anti-retaliation provision of the Fair Labor Standards Act of 19381 (herein-after referred to as the “Act”) by ruling that the provision punishing employers who discharge employees for filing complaints includes […]
Archive for August, 2012
THE UNITED STATES SUPREME COURT HOLDS THAT EXEMPTION 7(C) OF THE FREEDOM OF INFORMATION ACT DOES NOT APPLY TO CORPORATIONS: FCC V. AT & T INC.
JOSH BRICK In FCC v. AT & T Inc., the United States Supreme Court held that Exemption 7(C) of the Freedom of Information Act (hereinafter re-ferred to as “Exemption 7(C)”) is not applicable to corporations. The Court reasoned that corporations do not possess an interest in “personal privacy” under Exemption […]
THE LEGACY OF THE ANNA NICOLE SMITH CASE IN BANKRUPTCY COURTS
JAMIE G. FILLIPPI Bankruptcy is becoming the last resort for millions of Americans to achieve a “clean slate” and wipe away previous debts in order to start their lives anew. The sheer number of bankruptcy cases filed in 2010 is staggering – almost 1.6 million filings – compared to a […]
HOW MUCH DOES QUALITY COST? ANALYZING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT’S VALUE-BASED PURCHASING PROVISION AND HOW IT COULD AFFECT THE DELIVERY OF CARE BY HOSPITALS
KAREN KANE The demand for increased access and lower costs for medical care has been the impetus for change in the healthcare industry over the past few years. On March 23, 2010, significant changes in the delivery of healthcare were realized when President Barack Obama signed the Patient Protection and […]
A LOOK AT THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT’S HEAVY HANDED APPLICATION OF QUASI-JUDICIAL IMMUNITY: KEYSTONE REDEVELOPMENT PARTNERS, LLC V. DECKER
JEFFREY KRANKING When deciding Keystone Redevelopment Partners, LLC v. Decker, the United States Court of Appeals for the Third Circuit upheld a line of decisions that misconstrues the functional comparability test used for administering absolute, quasi-judicial immunity. Ultimately, the appellate court and others before it have ignored the reasoning used […]
ANTITRUST AND BANK REGULATION: WAS THE CLAYTON ACT ON HOLD DURING A TIME OF CRISIS?
KEITH A. PISARCIK In the early months of 2008, the United States financial industry went through a wave of consolidation unlike any before. Left and right, some of the largest banks and securities firms were facing imminent collapse. In order to prevent a systemic crash and enable the financial industry […]