Westlaw Journals weekly round-up

October 2, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Here are some highlights from the past week:


NCUA securities fraud claims move forward against RBS, others: The National Credit Union Administration Board’s lawsuit against several banks presents a “plausible claim” that the banks misrepresented the real value of mortgage-backed securities purchased by a credit union, a federal judge has ruled. U.S. District Judge John W. Lungstrum of the District of Kansas said Sept. 12 the complaint adequately alleges that the banks lied in mortgage-backed securities’ offering documents about the underlying mortgage owner-occupancy rates and loan-to-value ratios. (Derivatives)

California makes it harder for employers to get fees in wage suits: A change to California’s Labor Code now requires an employer that prevails in a wage suit and seeks attorney fees and costs to show that the employee filed the suit “in bad faith.” Senate Bill 462, which Democratic Gov. Jerry Brown signed into law Aug. 26, amends Section 218.5 of the Labor Code,which previously provided that a court presiding over a suit alleging unpaid wages, benefits or pension fund contributions could award fees to the prevailing party, whether it is the employee or employer. (Employment)

D.C. Circuit lacked jurisdiction in Clean Air Act case, EPA says: The D.C. Circuit exceeded its jurisdiction when it ruled that the Environmental Protection Agency lacked authority to issue a rule aimed at reducing pollution that crosses state lines, the agency says in a Sept. 4 brief to the U.S. Supreme Court. EPA says the appeals court should have deferred to the agency’s reasonable interpretation of the Clean Air Act, 42 U.S.C. § 7401. (Environmental)

8th Circuit affirms dismissal of lawyers’ FCA suit against Mayo Foundation: The 8th U.S. Circuit Court of Appeals has affirmed the dismissal of a lawsuit brought by four lawyers who say the Mayo Foundation violated the False Claims Act by habitually submitting false claims to Medicare for surgical pathology services it did not provide. On Sept. 4, the appeals court rejected the claims by appellants David Ketroser, Gary Latz, Robert Smith and Jason Kennedy that Mayo fraudulently billed for services every time it prepared and read a permanent tissue slide but did not prepare a separate written report for that service. (Health Care Fraud)