AMY COLEMAN The Pennsylvania Supreme Court announced a recent decision to definitely enforce the rights of lessees in an oil and natural gas lease. While the court had been hedging towards this decision for many years, the decision solidified a subjective standard as to the meaning of “in paying quantities” […]
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THE THIRD CIRCUIT ENUNCIATES A NEW TEST FOR DETERMINING JOINT EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT IN IN RE ENTERPRISE RENT-A-CAR WAGE & EMPLOYMENT PRACTICES LITIGATION
LINDSAY KREPPEL In In re:Enterprise Rent-A-Car Wage & Employment Practices Litigation, the Court of the Appeals for the Third Circuit established a test to determine whether an employer constitutes as a “joint employer” with regards to the Fair Labor Standards Act of 1938 (“FLSA”). In doing so, the court analyzed […]
THE PENNSYLVANIA RACE HORSE DEVELOPMENT AND GAMING ACT AND ITS GOVERNING COMMITTEE, THE PENNSYLVANIA GAMING CONTROL BOARD: MASON-DIXON RESORTS, L.P. V. THE PENNSYLVANIA GAMING CONTROL BD.
KATIE PAKLER In August 2012 the Pennsylvania Supreme Court (hereinafter referred to as “Supreme Court”) decided yet another case upholding gaming license requirements under the Pennsylvania Race Horse Development and Gaming Act (hereinafter referred to as the “Gaming Act,” “Act”) and enforcing the power of the Pennsylvania Gaming Control Board […]
THE “RULE OF REASON” PREFERRED TO “SCOPE OF PATENT” ANALYSIS WHEN DETERMINING WHETHER A REVERSE PAYMENT IS LEGAL IN THE THIRD CIRCUIT: IN RE K DUR ANTITRUST LITIGATION
LINDA M. POSTOL The Sherman Antitrust Act, passed by Congress in 1890, was a landmark decision aimed at regulating business practices that unfairly restrict trade in the marketplace. More recently, Congress passed the Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Hatch Waxman Act […]
Volume 15-1 Table of Contents
THE LEGAL DESTRUCTION OF UNIONS: A GLIMPSE INTO THE UNITED STATES SUPREME COURT’S NEW “OPT-IN” REQUIREMENT FOR NONMEMBERS: KNOX V. SERVICE EMPLOYEES INTERNATIONAL UNION Mary O’Rourke A STRUGGLE FOR CLAIRVOYANCE—SECTION 101 OF THE PATENT ACT AS A GATEKEEPER TO PATENT ELIGIBILITY: MAYO COLLABORATIVE SERV. v. PROMETHEUS LABORATORIES, INC. William J. Manolis THE […]
THE LEGAL DESTRUCTION OF UNIONS: A GLIMPSE INTO THE UNITED STATES SUPREME COURT’S NEW “OPT-IN” REQUIREMENT FOR NONMEMBERS: KNOX V. SERVICE EMPLOYEES INTERNATIONAL UNION
MARY O’ROURKE In Knox v. Service Employees International Union, Local 1000, the Supreme Court of the United States held that the First Amendment prohibited a public sector union from requiring nonmembers to pay a special fee to finance the union’s political speech. Justice Alito authored the majority decision, in which […]
