Justia Civil Procedure Opinion Summaries

The Tennessee Republican Party, the Georgia Republican Party, and the New York Republican State Committee challenged the legality of 2016 amendments to rules proposed by the Municipal Securities Rulemaking Board (MSRB) that are “deemed to have been approved” by the Securities and Exchange Commission (SEC), 15 U.S.C. 78s(b)(2)(D). The rules arose out of concern “that brokers and dealers were engaging in a variety of ethically questionable practices in order to secure underwriting contracts,” and are intended to limit pay-to-play practices in the municipal securities markets. The amendments limit the campaign activities of persons who advise city and state governments on issuing municipal securities. The Sixth Circuit dismissed because the plaintiffs failed to establish their standing to challenge the amendments. There was no “self-evident” injury to the plaintiffs and only limited information on the number of persons possibly affected by the amendments. At most, there were approximately 713 registered non-dealer municipal advisory firms in the United States that would be affected by the Amendments, but it is unclear how many municipal advisor professionals are associated with these firms, let alone the likelihood that they would donate to plaintiffs if not for the Amendments. It is unknown whether the Amendments have hindered individual candidates who are members of the plaintiff organizations. View "Georgia Republican Party v. Securities & Exchange Commission" on Justia Law

Matovski, a UPS operations manager who has a disability, filed an Equal Employment Opportunity Commission (EEOC) charge, claiming that UPS discriminated and retaliated against him in violation of the Americans with Disabilities Act, 42 U.S.C. 12112(d). Matovski claims that UPS published confidential medical information about him and other employees on its intranet page. The EEOC investigation resulted in a subpoena that requested information about how UPS stored and disclosed employee medical information. UPS opposed the subpoena, claiming that the requested information was irrelevant to Matovski’s charge. The district court granted an application to enforce the subpoena. The Sixth Circuit affirmed. The information that the EEOC requested “relates to unlawful employment practices” covered by the ADA. UPS has not shown that the subpoena is burdensome in any material way. View "Equal Employment Opportunity Commission v. United Parcel Service,Inc." on Justia Law