Administrative Law

Appeals Court Tosses CBS Fine for Janet Jackson Wardrobe Malfunction

A federal appeals court has tossed a half million dollar indecency fine against CBS television for Janet Jackson’s so-called wardrobe malfunction during the Super Bowl. The 3rd U.S. Circuit Court of Appeals said the fine by the Federal Communications Commission deviated from past policy and was arbitrary and capricious, the…

Jul 21, 2008 3:52 PM CDT

Bioterrorism Rule Ineffective in Salmonella Outbreak

A Food and Drug Administration rule adopted under a bioterrorism law was supposed to help officials trace threats to the food supply. The rule requires importers, processors and distributors to keep track of where they buy produce and where it goes—keeping records for one step forward and one step back…

Jul 10, 2008 1:59 PM CDT

YouTube Law Firm Seminar Video Leads to DOL Application Scrutiny

One of Pittsburgh’s biggest law firms is now facing increased scrutiny from the U.S. Department of Labor because of an immigration law seminar it held last year. Excerpted in a video clip posted on YouTube in May 2007, the seminar at Cohen & Grigsby focused, at one point, on what…

Jul 8, 2008 9:29 PM CDT

Treasury Secretary to Call for Greater Powers for Federal Reserve

Treasury Secretary Henry Paulson is expected to call for new powers for the Federal Reserve to deal with risks to the entire financial system. In a speech prepared for delivery today, Paulson says the nation expects the central bank to intervene to “avert events that pose unacceptable systemic risk,” the…

Jun 19, 2008 11:14 AM CDT

DOJ Opinion OKs Social Security Benefits for Gay Couple’s Child

A Justice Department legal opinion says federal law does not bar the Social Security Administration from paying benefits to the nonbiological child of a woman who entered into a civil union in Vermont. The October opinion (PDF), released on June 9, says the Defense of Marriage Act, which bars federal…

Jun 18, 2008 1:01 PM CDT

National Fishing Registry—and Fee—Planned for US Anglers

A national registry for U.S. recreational anglers was proposed yesterday by the National Marine Fisheries Service, as part of a plan to keep track of the fish that are being caught throughout the country. The registration requirement, which would begin next year, will not immediately require individuals to pay a…

Jun 12, 2008 6:06 PM CDT

SG Brief Mostly Avoids Four-Letter Words in Fleeting Expletives Case

Outgoing U.S. Solicitor General Paul Clement tries to avoid two vulgarities in the so-called fleeting expletives case before the U.S. Supreme Court. A Supreme Court brief submitted by Clement uses the words in the statement of facts but then substitutes “F-Word” and “S-word,” SCOTUSblog reports. At issue is whether the…

Jun 6, 2008 2:41 PM CDT

Shear Bureaucracy

Barber Builds Business With Beer, But Politicos Put the Kibosh on Customers Doing 12-Ounce Curls

Jun 1, 2008 1:00 PM CDT

U.S. Investigates Oil Trading, Despite Unclear Legal Rules

The Commodity Futures Trading Commission has announced it is investigating whether the oil market has been manipulated by energy traders. Sources told the Wall Street Journal the agency is pursuing multiple oil investigations, many of them related. The CFTC regulates a market that is subject to different regulations than securities…

May 30, 2008 11:37 AM CDT

Did China Copy U.S. Commerce Secretary’s Laptop Computer?

A U.S. investigation is under way to determine whether China secretly copied a top American official’s government laptop computer during a trip late last year, subsequently using the information in attempts to hack into Commerce Department computers. “Surreptitious copying is believed to have occurred when a laptop was left unattended…

May 30, 2008 12:34 AM CDT

No Fifth in this Courtroom, Where NYC Cops are On Trial

It looks like an ordinary courtroom. But there’s no jury box, because there are no juries. And the Fifth Amendment doesn’t apply. That’s because those put on trial are New York City police officers, facing potential administrative penalties up to termination from their jobs for violation of their professional responsibilities,…

May 29, 2008 10:57 PM CDT

From $253M to $0: Reduced $26M Vioxx Verdict Overturned by Texas Appeals Court

A Texas appellate court today has overturned a verdict against Merck & Co. concerning its popular Vioxx painkiller, eliminating the $26 million judgment that remained after a previous $253 million verdict was cut due to a state punitive damages cap. Meanwhile, an appeals court in New Jersey today has reduced…

May 29, 2008 6:27 PM CDT

Illicit Beer Bottle Caps Bring Feds Down on Calif. Brewer

A beer brewer in a small California town named after a founding citizen and state senator, Abner Weed, has incurred the wrath of federal regulators by his tongue-in-cheek use of the town’s name on bottle caps to help brand his product. “Try LEGAL weed,” they suggest. Around the rim of…

May 28, 2008 10:42 PM CDT

Possible FCC Cell Phone Deal Chops Cancellation Fees, Axes Lawsuits

Cell phone service providers reportedly are negotiating with the Federal Communications Commission to reduce future cancellation fees for unhappy customers in exchange for the federal regulatory agency’s agreement to eliminate state authority to oversee the penalties. Although full details aren’t provided, it appears that the move would eliminate ongoing multimillion-dollar…

May 21, 2008 6:22 PM CDT

Conn. Ethics Counsel’s Fake Letter Helped Get Ethics Chief Axed

An in-house lawyer for the State Ethics Commission in Connecticut reportedly fabricated a letter purporting to be from a parking lot attendant that helped get her boss, ethics chief Alan Plofsky, fired in 2004 for claimed misconduct. Gov. M. Jodi Rell says her office will investigate former commission lawyer Maureen…

May 20, 2008 9:02 PM CDT