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Appellate
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October 22, 2024
11th Circ. Knocks Class Cert. In Emory COVID Refund Suit
An Eleventh Circuit panel vacated and remanded a Georgia federal judge's certification of a proposed class of tuition payers in a parent's lawsuit seeking refunds for Emory University's switch to remote learning during the pandemic.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
Ga. Top Court Says State Trooper Can Pursue Wage Suit
The Georgia Supreme Court on Tuesday refused to upend a decision finding the Georgia Department of Public Safety waived its immunity from a state trooper's unpaid overtime suit, but sent the case back to the trial court to determine if the department breached federal law.
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October 22, 2024
DraftKings, Former Exec Eye Settlement Over Noncompete
DraftKings and a former vice president accused of violating a noncompete agreement by jumping to competitor Fanatics are attempting to settle their differences, according to a Tuesday filing in Massachusetts federal court.
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October 22, 2024
11th Circ. Nixes $440M Win For Dock Co. In Cuba Port Row
The Eleventh Circuit on Tuesday tossed a $440 million judgment for Havana Docks Corp. in its suit accusing luxury cruise companies of wrongly docking at its terminal — which the Cuban government seized decades ago — with the appellate panel reasoning the company no longer had a stake in the pier.
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October 22, 2024
Ex-Ga. Insurance Commissioner Gives Up Law License
Georgia's justices accepted John Oxendine's voluntary surrender of his law license on Tuesday, months after the former state insurance commissioner was sentenced to prison for his role in a multimillion-dollar medical testing kickback scheme.
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October 22, 2024
Ga. Justices Toss Young Thug Atty's Contempt Conviction
The Georgia Supreme Court on Tuesday threw out the contempt conviction of the attorney representing the rapper Young Thug over the lawyer's refusal to disclose how he learned about a judge's closed-door meeting with prosecutors and a witness, saying that judge was "involved in the controversy" and thus should not have handled the contempt hearing.
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October 21, 2024
Cox Asks Justices To Nix Sony's $1B Music Copyright Appeal
Cox on Monday urged the U.S. Supreme Court to reject Sony and other music publishers' bid to reinstate a $1 billion damages award undone by the Fourth Circuit, arguing it can't be penalized for internet piracy because continuing to provide an internet connection is not profiting off copyright infringement.
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October 21, 2024
Mazda Buyers Ask 9th Circ. To Revive Water Pump Defect Suit
Counsel for a group of Mazda vehicle owners urged the Ninth Circuit on Monday to reinstate their putative class action alleging that Mazda sedans and SUVs contain a design defect that results in leaky water pumps, saying a district court judge wrongly found fault with their engineering expert's report and tossed the case.
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October 21, 2024
Nissan Fights Uphill To Undo Cert. In Sunroof Defect Fight
Ninth Circuit judges on Monday doubted Nissan's bid to undo an order certification of a class of drivers who allege the Japanese carmaker sold vehicles with panoramic sunroofs that are prone to shattering, telling Nissan's counsel the appeal appears to challenge the claims' merits, and not whether they could be resolved classwide.
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October 21, 2024
Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo
Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."
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October 21, 2024
2nd Circ. Axes Claims Victoria's Secret Mogul Aided Epstein
The Second Circuit on Monday refused to revive a suit accusing billionaire developer and Victoria's Secret tycoon Leslie Wexner, his wife and four of their organizations of facilitating Jeffrey Epstein's sexual assault of a minor, finding the appeal improperly raised new arguments.
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October 21, 2024
9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death
A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.
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October 21, 2024
Disbarred Conn. Atty Owed $52K In Fees, Appeals Court Told
An attorney disbarred for making false claims in a judicial recusal motion is seeking $52,100 in fees derived from a State Farm car accident settlement and various other sources, telling the Connecticut Appellate Court on Monday that a trial judge improperly weighed the fees during her later discipline case.
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October 21, 2024
NJ Transit Keeps Win In Suit Over Worker Assault
A New Jersey state appeals court has tossed a lawsuit alleging that New Jersey Transit Rail Operations Inc. failed to prevent a homeless woman from attacking an agency electrician at a subway station, saying there was insufficient evidence the agency violated any standards regarding reasonably safe workplace conditions.
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October 21, 2024
NC Justices Revive Challenge To Hospital Competition Law
The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.
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October 21, 2024
9th Circ. Doubts Calif. City Can Sue Over Housing Mandates
A Ninth Circuit panel expressed skepticism Monday that Huntington Beach, California, has standing to sue the state in federal court over California's housing mandates because it's an autonomous charter city, with one judge saying the city "is not some free floating entity that gets to do whatever it wants."
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October 21, 2024
11 House Dems Back DOI In Offshore Lease Challenge
A coalition of House Democrats are supporting the U.S. Department of the Interior in a petroleum industry challenge to a 2024-2029 offshore oil and gas leasing program, telling the D.C. Circuit the federal government isn't required to "make decisions with blinders on."
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October 21, 2024
3rd Circ. Urged To Rethink $60M Moroccan Hotel Award Fight
An investment group wants the Third Circuit to reconsider its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, saying the ruling is unprecedented and disregards well-established Delaware law.
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October 21, 2024
Colo. Justices Ask City To Explain How Theft Law Is Valid
The Colorado Supreme Court has ordered a Denver suburb and its municipal court to elucidate why a city ordinance, that imposes harsher petty theft penalties than those under state law, should not have been found unconstitutional or preempted by state statute.
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October 21, 2024
Justices Told Newman's Suspension Preventing Fair Hearings
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.
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October 21, 2024
6th Circ. Won't Force Arbitration Of Kellogg 401(k) Fee Suit
The Sixth Circuit on Monday revived a proposed class action against a Kellogg Co. subsidiary alleging mismanagement of an employee 401(k) plan, finding a Michigan federal court wrongly tossed the suit in favor of arbitration in April 2023.
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October 21, 2024
Colo. Tenants Facing Eviction Are Entitled To Jury Trials
The Colorado Supreme Court ruled Monday that tenants in the state have a right to jury trials in eviction actions filed by their landlords if factual disputes exist in the case.
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October 21, 2024
1st Astroworld Trial Pushed As Travis Scott Drops Appeal
Rapper Travis Scott has dropped his bid for settlement information from several Astroworld plaintiffs, telling a Texas appellate court that the first plaintiffs scheduled to have their day in court will no longer be heading to trial this week.
Expert Analysis
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.