Try our Advanced Search for more refined results
Appellate
-
July 09, 2024
Purdue Plans 'High-Speed' Bid For New Ch. 11 Plan
Purdue Pharma told a New York bankruptcy judge Tuesday that it plans a two-month "high-speed, high-stakes" attempt to replace the Chapter 11 plan shot down by the U.S. Supreme Court last month before unleashing litigation on its former owning family.
-
July 09, 2024
'Stop Right There': Judge Slams King County Deportation Args
A Ninth Circuit panel on Tuesday criticized King County's argument that its executive order banning deportation flights from a Seattle airport did not force a fuel supplier to stop servicing the flights, with one judge calling it preposterous.
-
July 09, 2024
Terrorism Victims Push To Keep Pharma Suit In DC Circ.
Terrorism victims warned the D.C. Circuit against sending to a lower court a lawsuit seeking to link pharmaceutical companies to the attacks that injured them, saying a remand could delay the case and frustrate their efforts to collect evidence.
-
July 09, 2024
DC Circ. Sends EPA Chemical Test Order Back For Review
The D.C. Circuit scrapped a U.S. Environmental Protection Agency order directing seven chemical manufacturers and processors to test the effects of 1,1,2-trichloroethane on the reproductive systems of birds, holding that it improperly relied on nonpublic information to justify the need for the testing.
-
July 09, 2024
1st Circ. Revives Debt Harass Claims Against National Grid
The First Circuit on Tuesday revived a proposed class action against National Grid USA Service Company Inc. and two debt collection firms whose multiple calls per day to a Massachusetts customer in 2017 and 2018 allegedly violated the state's consumer protection law.
-
July 09, 2024
3rd Circ. Questions DuPont Family Trust's ERISA Status
In a hearing Tuesday about a dispute between the DuPont family and its domestic workers over trust money, Third Circuit judges quizzed both sides on the level of involvement needed from trustees or the family for the fund to be considered a plan covered by the Employee Retirement Income Security Act.
-
July 09, 2024
Philly EB-5 Investors Can Seek Visa Outside Court, Panel Says
The D.C. Circuit on Tuesday found three Chinese EB-5 investors who sought to fast-track a visa by putting their money into a Philadelphia transit project can still do so without litigation in a decision backing a trial court ruling dismissing their case.
-
July 09, 2024
3 States Ask High Court To Freeze Biden's Debt Relief Plan
Three state attorneys general applied to the U.S. Supreme Court seeking to vacate the stay of a nationwide injunction in an effort to pause implementation of a $475 billion student loan debt forgiveness program, saying they are likely to succeed in their attempts to have the program invalidated by the high court.
-
July 09, 2024
Dems Request Special Counsel To Probe Justice Thomas Gifts
Two Democratic senators have asked U.S. Attorney General Merrick Garland to appoint a special counsel to investigate whether U.S. Supreme Court Justice Clarence Thomas' failure to disclose various gifts received during his tenure on the high court amounts to chargeable ethics violations or tax crimes.
-
July 09, 2024
Ohio Justice Criticizes Dialysis Co.'s Tax Apportionment Claim
An Ohio Supreme Court justice expressed deep skepticism Tuesday about a dialysis company's arguments that a portion of its receipts from medical services that it provided to Ohio patients should be sourced to other states.
-
July 09, 2024
Fed. Circ. Won't Revive Patent Fights Against Dating Apps
The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.
-
July 09, 2024
Experts Lose EPA Scientific Panel 'Echo Chamber' Lawsuit
The D.C. Circuit has tossed a lawsuit alleging that the U.S. Environmental Protection Agency illegally created a scientific "echo chamber" by not selecting experts with an industry background to serve on an air quality advisory committee.
-
July 09, 2024
9th Circ. Lets Librarian's Suit Against Dun & Bradstreet Go On
The Ninth Circuit has backed a California federal court's decision not to throw out a suit claiming Dun & Bradstreet Holdings sold personal information of individuals without consent, saying the proposed class action can move forward.
-
July 09, 2024
2nd Circ. Urged To Toss Cannabis Dormant Commerce Suit
New York cannabis regulators have urged the Second Circuit to disregard a California lawyer's efforts to upend the state's licensing program, arguing that the dormant commerce clause doesn't apply to marijuana, a substance that Congress has not permitted to be traded between states.
-
July 09, 2024
Ga. Doc Can't Get Emergency Protection In Med Mal Death Suit
In a split opinion, the Georgia Court of Appeals revived a medical malpractice case against a doctor who allegedly misdiagnosed a patient's brain condition, finding he's not shielded by a statute that sets a gross negligence standard for liability in emergency medical situations.
-
July 09, 2024
NFL Says Ex-Pro's Benefits Row Belongs At Bargaining Table
The National Football League has pushed back against a Fifth Circuit appeal by a former player whose benefits suit was tossed, arguing his issue is not with the plan's board but the plan's design, which can only be resolved through bargaining, not in court.
-
July 09, 2024
Gov't Missed Merck Vax Potency Problem, 3rd Circ. Told
Two whistleblowers claiming that Merck & Co. had exaggerated the potency of its mumps vaccine told a Third Circuit panel Tuesday that the U.S. Centers for Disease Control and Prevention's continued purchasing of the vaccine was not proof that the agency knew but didn't care about the alleged deception.
-
July 09, 2024
Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit
An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.
-
July 09, 2024
NJ Atty Must Face Claims Over Not Reviving Malpractice Suit
The New Jersey state appeals court reversed a trial court decision Tuesday and reinstated a malpractice case against a solo practitioner who allegedly blew a filing deadline and caused his clients to lose a separate malpractice suit.
-
July 09, 2024
5th Circ. Indicates Skepticism In Brett Favre Defamation Case
The Fifth Circuit on Tuesday seemed skeptical that comments made by former NFL star Shannon Sharpe about Brett Favre's alleged involvement in a massive Mississippi welfare fraud scheme amounted to defamation, pressing Favre's attorney over why the retired NFL quarterback didn't sue over Sharpe's more emotionally charged statements.
-
July 09, 2024
Maryland, SC Tell 4th Circ. PFAS Suits Belong In State Courts
Federal district courts properly determined that lawsuits Maryland and South Carolina filed against 3M over alleged contamination stemming from the manufacture, use and disposal of a wide range of consumer products containing so-called forever chemicals can proceed within their respective state courts, the two states told the Fourth Circuit.
-
July 09, 2024
Experts Don't Always Need To Cite Studies, Mich. Justices Say
The Michigan Supreme Court has found a medical malpractice plaintiff's expert witness was wrongly stricken for failing to support his opinion with peer-reviewed medical literature, ruling experts shouldn't be disqualified solely on that basis, particularly in a case where the rare complication at issue has not been studied.
-
July 09, 2024
Ousted Fla. Atty Pushes 11th Circ. To Speed Up Review
Suspended Florida prosecutor Andrew Warren is once again asking the Eleventh Circuit to expedite a mandate to a lower court to reconsider his case against Gov. Ron DeSantis, arguing that a single judge has stopped it from moving forward for nearly six months.
-
July 09, 2024
Alaska Senators Condemn District Judge After Resignation
Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.
-
July 09, 2024
5th Circ. Skeptical Of Nixing ESG Rule Despite Chevron's End
A Fifth Circuit panel appeared unlikely Tuesday to knock out a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, although one judge seemed to support vacating a lower court's decision upholding the regulation in light of the Chevron doctrine's demise.
Expert Analysis
-
Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
-
In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
-
Navigating Title VII Compliance And Litigation Post-Muldrow
The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.
-
How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
-
Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
-
Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
-
Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
-
Novel Applications May Fizzle After Fed Master Account Wins
Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.
-
Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
-
Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors
Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.
-
Why Employers Shouldn't Overreact To Protest Activities
Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.
-
Devil's In The Details On FDCPA, Article III Standing
The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.
-
11th Circ. Ruling May Foreshadow Ch. 15 Clashes
The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.
-
What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
-
Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.