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Appellate
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June 18, 2024
'Reckless' Behavior Centered In Climate Coverage Suit Args
Attorneys for a Sunoco subsidiary and AIG offered sharply differing views to Hawaii's top court Tuesday in oral arguments over whether reckless behavior would trigger the oil company's liability coverage in a novel suit over coverage for underlying climate change claims.
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June 18, 2024
Fed. Circ. Won't Revive Philips Communication Patent Claims
The Federal Circuit on Tuesday sided with Patent Trial and Appeal Board judges who gutted claims in a Philips patent challenged by a Chinese chipmaker that is facing an infringement suit in Delaware.
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June 18, 2024
Fla. Immune To Contract Suit Over COVID Tests, 4th Circ. Says
The Fourth Circuit reversed on Tuesday a district court decision denying a motion to dismiss by a Florida state agency in a breach of contract case involving COVID-19 tests, finding the lower court erred in ruling that the state did not have sovereign immunity and remanding the case for further proceedings.
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June 18, 2024
11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit
The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.
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June 18, 2024
Nuke Regulator Asks High Court To Review Atomic Waste Rule
The U.S. Nuclear Regulatory Commission has asked the U.S. Supreme Court to reverse a contentious Fifth Circuit decision that barred it from issuing a license to a temporary nuclear waste storage facility in Texas, saying that the circuit court widened circuit splits and upended decades of agency practice.
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June 18, 2024
6th Circ. Asks Who's A 'Consumer' In Meta Data Sharing Case
Sixth Circuit judges questioned how a decades-old federal privacy law aimed at protecting people's video rental history applies to website users, as one customer argued Tuesday that the court should revive claims that Paramount unlawfully shared his data with Meta, Facebook's parent company.
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June 18, 2024
Colo. Justices Iffy On Cake's Message In Baker's Speech Suit
The Colorado Supreme Court on Tuesday pressed a Christian cake baker on whether requiring him to make a pink cake with blue frosting to celebrate a customer's gender transition counts as "compelled speech" under a recent high court ruling, with some justices skeptical that such a cake has inherent meaning.
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June 18, 2024
Dems Ask For Update On Justice Thomas Gifts Investigation
A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.
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June 18, 2024
Green Group Insists It Can Fight Colo. Air Plan Approval
The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.
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June 18, 2024
11th Circ. Affirms Warrantless Search Of Probationer's Home
The Eleventh Circuit on Tuesday affirmed the denial of a woman's bid to suppress evidence obtained by police in a warrantless search of her home, finding that the search was reasonable because her live-in boyfriend's probation conditions authorized warrantless home searches.
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June 18, 2024
9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit
The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
9th Circ. Asked For En Banc Review In Youths' Climate Case
Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.
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June 18, 2024
7th Circ. Brings Back Cruise Worker's OT Suit
The Seventh Circuit revived a proposed collective action Tuesday accusing a steamboat cruise company of depriving workers of overtime wages, finding Indiana arbitration law states that the pact the worker and company signed is governed by, and is invalid under, the Federal Arbitration Act.
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June 18, 2024
Hospital Board Says Feds Underpaid Claims By $17M
A Navajo Nation hospital board is suing the federal government, alleging the U.S. Department of Health and Human Services underpaid its fiscal year 2016 funding request for contract support costs by $17.4 million without any legal justification.
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June 18, 2024
Split Pa. High Court Finds Rental Registry Suit Moot
The Pennsylvania Supreme Court tossed out landlords' appeal of Pittsburgh's 2015 ordinance requiring them to list their rental units in a public registry, because it had been replaced by a newer, narrower law, but two justices said they should have ruled on the case anyway to settle whether other governments could pass similar measures.
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June 18, 2024
Justices Urged To Take Case On USPTO Home Address Rule
Five organizations have expressed support for a small North Carolina law firm asking the U.S. Supreme Court to review the U.S. Patent and Trademark Office's decision to require trademark applicants to disclose their home addresses — a decision that should have had public input, according to amicus briefs filed over the past week.
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June 18, 2024
4th Circ. Says Filmmaker Has Right To Sealed Court Docs
The Fourth Circuit on Tuesday revived a documentary filmmaker's bid to access sealed documents from a False Claims Act suit against student loan providers, finding he has a First Amendment right to the material and the parties must prove if the seal is warranted.
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June 18, 2024
5th Circ. Keeps Suit Over CFPB's Card Late Fee Rule In Texas
The Fifth Circuit on Tuesday ordered a banking industry lawsuit against the Consumer Financial Protection Bureau's credit card late fee rule to remain in Texas federal court, rejecting a second attempted transfer of the case to Washington, D.C.
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June 18, 2024
Blue States And Enviro Groups Back DOE Furnace Rule
Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.
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June 18, 2024
DOJ Says DC Circ. Shouldn't Rethink Realtor Antitrust Probe
The U.S. Department of Justice has told the D.C. Circuit that its April decision allowing it to reopen an investigation into the National Association of Realtors doesn't conflict with any U.S. Supreme Court or circuit court decisions and that the NAR's rehearing petition should be denied.
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June 18, 2024
Ford Says Sanctions Violated Due Process In $1.7B Case
Attorneys for Ford Motor Co. urged the Georgia Court of Appeals on Tuesday either to order a new trial or substantially reduce a record-setting $1.7 billion punitive damages verdict returned against the automaker in litigation over a fatal rollover, arguing the award resulted from "death penalty sanctions" that essentially directed a verdict against it.
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June 18, 2024
Fla. Judge Admits To Ethics Charges In Mishandling DQ Bid
A Miami-Dade County state court judge has admitted to violating the Florida Code of Judicial Conduct while overseeing proceedings, saying that he made improper commentary in orders of recusal that he granted in two separate criminal cases, Florida Supreme Court records show.
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June 18, 2024
Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal
Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.
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June 18, 2024
Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races
A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games."
Expert Analysis
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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How A Motion Before Justices May Help Trump Beyond Court
Even if Donald Trump loses his presidential immunity claim before the U.S. Supreme Court, the delay created by the motion may mean a trial can't be completed before the November election, says Paul Tuchmann at Wiggin and Dana.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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Conn. Bankruptcy Ruling Furthers Limitation Extension Split
A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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What A Post-Chevron Landscape Could Mean For Labor Law
With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.