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Appellate
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January 31, 2025
NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits
The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.
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January 31, 2025
Pause UScellular Deal During False Claims Case, Attys Say
Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.
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January 31, 2025
En Banc Pa. Court Restores $2.3M Injury Award Against Domino's
A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.
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January 31, 2025
9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case
The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.
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January 31, 2025
Justices Implored To Consider Tipster Medical Device Row
A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.
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January 31, 2025
Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge
A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.
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January 31, 2025
FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws
Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."
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January 31, 2025
HUD Seeks Pause On Insurers' Appeal Over Fair Housing Rule
U.S. Department of Housing and Urban Development attorneys asked a D.C. Circuit court Friday to pause consideration of an insurance industry trade group's appeal over a HUD rule addressing discrimination claims under the Fair Housing Act, saying the agency's new leadership may reconsider the rule altogether.
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January 31, 2025
Mich. Judge Can't Pause Discipline Case During Bias Probe
The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.
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January 31, 2025
Del. Justices Uphold $33M-Plus Award In Software Co. Suit
Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.
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January 31, 2025
9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard
Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.
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January 31, 2025
Med Transport Broker Must Face Injury Claims, Ga. Panel Says
The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.
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January 31, 2025
US Chamber Backs Exxon Suit Over Seized Cuba Property
The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.
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January 31, 2025
Texas Justices Won't Shut Down Court Reporter's AI Case
A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.
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January 31, 2025
3rd Circ. Backs DOL's $7M Win In Care Co. Wage Suit
The Third Circuit refused on Friday to overturn a $7 million judgment in favor of the U.S. Department of Labor in its lawsuit against a home care company, saying the time workers spent traveling between clients' homes is fundamental to their jobs and must be compensated.
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January 31, 2025
6 Argument Sessions Benefits Attys Should Watch In Feb.
The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case.
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January 31, 2025
Full DC Circ. Will Not Review White House NEPA Power Ruling
The D.C. Circuit on Friday rejected petitions for en banc review of a panel's ruling that the White House does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act.
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January 31, 2025
Out-Of-State Broker Must Face Texas Suit Over $25M Scheme
A Texas appeals court found an insurance broker can't escape a lawsuit alleging it conspired with a Texas law firm to defraud a couple using a $25 million scheme, saying in a Thursday opinion that obtaining a Texas license subjects the company to Texas law.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Owners Appeal Docs Order In Yale's $435M Hospital Sale Fight
Three companies that own property occupied by bankrupt Prospect Medical Holdings Inc. hospitals in Connecticut have appealed a state trial court judge's order to provide documents to Yale New Haven Health in a fight over a $435 million purchase agreement.
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January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial
SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
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January 31, 2025
Apple Wants Google Search Case Paused For Appeal
Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.
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January 31, 2025
NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban
New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Ga. Appeals Court Backs Wellstar In Doc Defamation Fight
A former Wellstar Health System doctor who sued the organization for reporting his suspension from duty to a national database had his bid for an injunction forcing Wellstar to void the report shot down by the Georgia Court of Appeals Friday.
Expert Analysis
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Patent Ruling Sheds Light On Printed Matter Doctrine
Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.
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Calif. Justices' Options In Insurance Exhaustion Case
Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Considering The Status Of The US Doctrine Of Patent Misuse
A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.