Westlaw Journals weekly round-up

May 21, 2015

Westlaw Journals Weekly RoundupThis week some highlights from the Westlaw Journal blog include stories about Phoenix’s anti-immigration sheriff, the first SEC whistleblower anti-retaliation award and some happenings at the U.S. Supreme Court:

9th Circuit maintains injunction against profiling by ‘Sheriff Joe’: An Arizona federal judge did not exceed his authority by ordering Phoenix’s notoriously anti-immigration sheriff, Joe Arpaio, to end racial profiling of Latinos at all traffic stops instead of just at those performed during special sweeps, a federal appeals court has decided. In an April 15 ruling, the 9th U.S. Circuit Court of Appeals upheld most of the preliminary injunction put in place by U.S. District Judge G. Murray Snow of the District of Arizona, who last year imposed training and monitoring on Arpaio and his Maricopa County department as part of a class-action settlement. (Class Action)

After argument, lethal injection case turns on the facts: During oral argument in a lawsuit that could force changes to the way many states execute prisoners, the U.S. Supreme Court spent almost the whole hearing focused unusually closely on the facts of the case rather than the law governing it. Throughout the April 29 hearing, justices on both sides of the court’s ideological divide signaled repeatedly that they do not think the case — an Eighth Amendment challenge to one component of the three-drug lethal injection Oklahoma uses — will require them to tackle tricky legal or constitutional issues. (Pharmaceutical)

Obamacare contraception ruling heads back to 6th Circuit: The U.S. Supreme Court has vacated a federal appeals court decision that found religious exemptions in Obamacare’s “contraceptive mandate” sufficient, sending the case back to the lower court for reconsideration in light of two landmark rulings the justices handed down last summer. Remanding the Michigan Catholic Conference’s suit to the 6th U.S. Circuit Court of Appeals, the high court made clear that it will not leave in place contraceptive-mandate rulings from before it decided Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751 (2014), and Wheaton College v. Burwell, 134 S. Ct. 2806 (2014). (Health Law)

Whistleblower gets max award in first SEC retaliation case: A hedge fund trader who was marginalized in his job after reporting his employer’s securities violations to the Securities and Exchange Commission will receive more than $600,000 as part of the agency’s whistleblower program. The April 28 case is the first anti-retaliation enforcement action the SEC has taken since it received such authority in 2011 under the Dodd-Frank Wall Street Reform Act, Pub. L. 111-203. (Employment)

Couple blames wife’s HIV infection on life insurance companies: A California couple has accused companies that sold life insurance policies of failing to inform the husband that his application was denied because he had tested positive for HIV, which allegedly led to the infection of his future wife. “It was foreseeable that by not properly informing the applicant of his positive HIV status, the applicant would delay treatment and unintentionally infect others,” the Apr. 14 suit says. (Insurance Bad Faith)