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After Rahimi Win, Feds Set Sights On Felon Gun Ban
In a bid to capitalize on last week's U.S. Supreme Court ruling upholding a federal law that prohibits domestic abusers from possessing firearms, the U.S. solicitor general has called on the justices to next tackle a slew of constitutional challenges to the separate, sweeping ban on people convicted of felonies owning guns.
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July 03, 2024
Wash. Justices Say City RV Camping Ban Is Constitutional
The Washington Supreme Court upheld a city ordinance on Wednesday banning recreational vehicles and trailers from parking on municipal streets for more than four hours, rejecting a man's argument that the law violated his constitutional travel rights by barring him from living indefinitely in his 23-foot trailer on city property.
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July 03, 2024
No 'Unfettered Discretion' For Zoning Boards: Mich. Justices
The Michigan Supreme Court has held that conditionally rezoning a property is only valid if the property's proposed use is already allowed under a town's ordinances, instructing a trial court to determine whether a racing dragway is a permitted use under a township's commercial zone.
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July 03, 2024
Cannabis Cos. To Take Constitutional Challenge To 1st Circ.
A group of cannabis businesses challenging the federal prohibition on marijuana gave notice of appeal Wednesday to the First Circuit Court of Appeals.
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July 03, 2024
Doctor Who Won $12M Assault Case Can't Revive USC Claims
A female doctor who won a $12 million verdict against a male colleague over a sexual assault at a Los Angeles County hospital affiliated with USC's Keck School of Medicine can't revive sexual harassment claims against the university and the county, a California appellate court held.
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July 03, 2024
'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory
The Seventh Circuit on Wednesday revived a class action accusing Walmart of systematically posting lower prices on shelves than it actually charges, rejecting the retailer's argument that the onus is on customers to keep track of prices as they're juggling various distractions during checkout.
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July 03, 2024
2nd Circ. Backs NY Campaign Finance Laws Favoring Parties
The Second Circuit on Wednesday rejected a constitutional challenge to New York state campaign finance laws that created a stricter set of rules for candidate-nominating independent bodies than for more established political parties.
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July 03, 2024
NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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July 03, 2024
Contentious Ala. Gender Care Case Partly Paused
Favoring "judicial efficiency," an Alabama federal court has partially granted the Biden administration's opposed motion to stay a case challenging the state's ban on gender-affirming healthcare for transgender youth while the U.S. Supreme Court reviews a similar Tennessee ban, though some briefing, including for summary judgment, was permitted to proceed.
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July 03, 2024
Google Defeats Online Media IP Suit At Fed. Circ.
A Federal Circuit panel on Wednesday backed Google LLC's win in a California federal suit accusing it of infringing patents on creating layered web-based communications like ads and websites.
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July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal
The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant wasn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
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July 03, 2024
Ohio Ambulance Co. Keeps Win In Air Horn Injury Suit
An Ohio state appeals panel has affirmed a jury verdict in favor of Emergency Medical Transport Inc. in a suit by a woman who alleges her hearing was damaged by an air horn on one of its ambulances, saying a dispute over whether EMT's own ambulance indeed caused the injury was what ultimately blocked the jury instruction she wanted.
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July 03, 2024
Mich. Justices Skip Dinsmore Ex-Client's Malpractice Appeal
Michigan's top court won't review a ruling dismissing a cannabis company's lawsuit against Dinsmore & Shohl LLP that alleged the firm reneged on an agreement to help the company apply for a dispensary license hours before the paperwork was due.
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July 03, 2024
DLA Piper Adds McGuireWoods' Downtown LA Shop Lead
McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.
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July 03, 2024
Mass. Court Partially Revives Trooper's Bias Suit
An intermediate level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague who had allegedly cheated on her.
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July 03, 2024
1st Circ. Hands Hearing Loss Biotech Win In Stock Drop Suit
A panel of the First Circuit declined to revive an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying there was no evidence the company had knowingly made false statements about the trial.
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July 03, 2024
NC Appeals Court OKs Hospital's 'Facility Fees' For ER Patient
The North Carolina Court of Appeals has found that Novant Health was allowed to charge an emergency room patient "facility fees" because a contract she signed for healthcare included language requiring payment for anything not covered by insurance.
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July 03, 2024
2nd Circ. Overturns Enforcement Of $2B In Venezuelan Bonds
The Second Circuit on Wednesday overturned the enforcement of nearly $2 billion in defaulted bonds issued by Venezuela's state-owned oil company, following a ruling from New York's highest court that Venezuelan law, not New York law, governs the validity of the bonds.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Data Breach Suits Drive Consumer Protection Docket Growth
Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.
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July 02, 2024
11th Circ. Reverses $500K Insurer Benefit In Climber's Death
The Eleventh Circuit on Tuesday reversed a lower court decision saying Reliance Standard Life Insurance had to pay $500,000 in benefits to the sons of a mountaineer who died ascending a peak in Pakistan, ruling that the life insurer wasn't unreasonable in determining that the climber didn't die by accident.
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July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling
The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
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July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits
Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.
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July 02, 2024
4th Circ. Nixes Black Lung Benefits For American Energy Miner
The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.
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July 02, 2024
Wash. Court OKs Anti-Masker's School Recall Sanctions
Washington appellate judges said Tuesday an Evergreen State man waited too long to appeal $30,000 in sanctions and ruled the trial court was justified in pinning most of the blame on him — instead of his attorneys — for filing baseless recall petitions to dissuade school board members from complying with a state COVID-19 mask mandate.
Editor's Picks
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Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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DC Circuit Cases To Watch In 2024
As the D.C. Circuit heads into 2024, its judges are poised to answer hotly anticipated political questions about former President Donald Trump and his allies, as well as a number of Federal Energy Regulatory Commission cases that could determine the future of certain natural gas projects.
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Law360's Guide To Biden's Judicial Picks
UPDATED July 3, 2024 | President Joe Biden is shaping the federal judiciary by adding to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, who made the judiciary more homogeneous as the judges confirmed under him were 84% white and 76% male.
Expert Analysis
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.