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Appellate
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October 10, 2024
Homebuyers Tell 8th Circ. Broker Deal Gives Them Nothing
Homebuyers are urging the Eighth Circuit to undo the approval of $208.5 million in settlements struck by real estate brokerages in the sprawling litigation over industry rules covering broker fees, saying the deals only provide money for sellers.
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October 10, 2024
Eli Lilly Tells Mich. Justices It's 'Wrong Time' For Insulin Case
A lawyer for pharmaceutical company Eli Lilly has urged the Michigan Supreme Court to reject a call to shake up the state's consumer protection precedent, saying during oral arguments Thursday that the attorney general is asking the court to do "by fiat" what Michigan lawmakers could soon accomplish with a bill package that got a hearing earlier this week.
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October 10, 2024
SEC Urges 1st Circ. To Uphold $93M Win Over Financial Firm
The U.S. Securities and Exchange Commission urged the First Circuit on Thursday to affirm its $93 million win against Commonwealth Financial Network for allegedly failing to disclose that it profited from clients using higher-fee funds when similar, lower-cost versions were available.
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October 10, 2024
Mich. Justice Asks If Disney Fight Harms Multistate Collabs
Michigan's chief justice asked Thursday whether allowing Disney and the owner of IHOP to retain unclaimed property, which state officials say they should get after an audit, could hamper Michigan's ability to participate in multistate audits that yield hundreds of millions of dollars for the state.
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October 10, 2024
Fla. Panel Frees Officials From Suit Alleging Election Meddling
The Florida Supreme Court ruled Thursday that Gov. Ron DeSantis and top state officials didn't unlawfully try to influence voters when they advocated against an upcoming ballot measure that would legalize abortion up to viability, denying a petition brought by an attorney seeking to hold them accountable for improper political interference.
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October 10, 2024
8th Circ. Won't Block EPA Power Plant Effluent Rule
The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants.
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October 10, 2024
Vet Groups Back Soldiers Fighting Naturalization Mandate
Veterans' groups are backing soldiers fighting the Pentagon's efforts to mandate a one-year service requirement for citizenship eligibility, telling the D.C. Circuit that soldiers who enlist during wartime would risk getting deployed without the benefits of citizenship.
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October 10, 2024
Paxton Prosecutor Fee Fight Ends With High Court Rejection
The Texas Court of Criminal Appeals on Wednesday declined to take up a dispute over how much a special prosecutor appointed to oversee the securities fraud case against Texas Attorney General Ken Paxton should be paid, ending a fee fight that has stretched on almost as long as the criminal case.
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October 10, 2024
5th Circ. Says ISP Liable For Piracy But Orders Damages Redo
The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.
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October 10, 2024
Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says
The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.
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October 10, 2024
Ill. Co. Tells 7th Circ. It Deserved Hearing Before NLRB Order
The National Labor Relations Board trod on an Illinois plumbing and fire suppression company's due process rights when it ordered the company to resume recognizing a Plumbers local without a hearing on whether the company violated a settlement by withdrawing recognition, the company told the Seventh Circuit.
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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
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October 10, 2024
Pa. Justices Vexed By Mall's Bid To Dodge Store's Legal Bill
The Pennsylvania Supreme Court on Thursday questioned Harrisburg Mall's argument that it should be let off the hook for Bass Pro Shops' legal bills after the retailer sank a customer's trip-and-fall suit, with one justice suggesting that the alleged need for proof or a judgment incentivized the tenant to lose the case.
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October 10, 2024
Alaska Judge's Misconduct Prompts Bid To Pause Appeal
A former Alaska nurse practitioner convicted of illegally prescribing millions of opioids, wants a stay of her appeal while she seeks a new trial in wake of Judge Joshua Kindred's resignation after he was found to have had an inappropriate relationship with an attorney in the office prosecuting her case.
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October 10, 2024
Fiduciary Co. Asks Justices To Weigh ERISA Arbitration Denial
A fiduciary services provider urged the U.S. Supreme Court to review the Second Circuit's decision blocking arbitration in a proposed class action alleging a debt relief company overcharged an employee stock ownership plan, arguing the ruling demonstrated a "judicial hostility" to arbitration that justices have warned against.
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October 09, 2024
5th Circ. Denies Extension For CFPB In Exam Policy Case
The Fifth Circuit on Wednesday denied the Consumer Financial Protection Bureau's unopposed request for a short deadline extension in its appeal over an examination policy that industry groups successfully sued to block last year, prompting the agency to ask for more time again.
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October 09, 2024
Deadspin Must Face KC Chiefs Fans' Defamation Suit
A Delaware state judge has rejected Deadspin's bid to toss a defamation suit by parents of a 9-year-old Kansas City Chiefs fan who allege the sports news outlet published an article wrongly accusing their son of being raised to be a racist due to his game-day attire.
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October 09, 2024
NC AG Urges NC Justices To Ax Duke Energy Rate Hike
The North Carolina Supreme Court has been hit with a barrage of briefs urging the justices to overturn the State Utilities Commission's allegedly "unlawful" rate increase for Duke Energy Carolinas, with North Carolina Attorney General Joshua H. Stein calling the rate change "arbitrary and capricious."
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October 09, 2024
9th Circ. Upends Healthcare Workers' Montana Vax Law Win
The Ninth Circuit on Wednesday reversed a ruling from a Montana federal judge striking for all healthcare settings a state law that bars discrimination based on vaccine status, calling the claimed harms to healthcare workers and patients "too speculative" to find it conflicted with federal law.
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October 09, 2024
Justices Fear Harm To Atty Reputations In Death Penalty Case
U.S. Supreme Court Justice Clarence Thomas expressed concern during oral arguments this month about the reputational harm two former Oklahoma prosecutors were facing in light of the state's claim that they withheld evidence and presented false testimony to secure the conviction of a prisoner on death row — allegations over which the justices seem likely to order further proceedings.
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October 09, 2024
Montana High Court Upholds Temporary Abortion Ban Blocks
The Montana Supreme Court late Wednesday handed down two decisions upholding a state district court's temporary injunctions blocking numerous abortion restrictions stemming from four pieces of state legislation while the case plays out in lower courts.
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October 09, 2024
5th Circ. Revives Air Force Bias Case, Citing Broader Standard
The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.
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October 09, 2024
Lima Urges DC Circ. To Ax $200M Awards To Ex-Odebrecht Co.
The Peruvian city of Lima has urged the D.C. Circuit to vacate $200 million in arbitration awards secured by a former subsidiary of "corrupt" Brazilian conglomerate Odebrecht over a failed toll road construction contract, calling the construction giant "an inveterate worldwide briber."
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October 09, 2024
5th Circ. Asks If Drag Ban Different From Obscenity Laws
A Fifth Circuit panel wrangled with First Amendment questions surrounding a Texas law banning drag shows in front of children, with a judge asking an LGBTQ nonprofit how Texas' law was different from a law banning "sexual intercourse" or "sodomy" in downtown New Orleans during oral arguments Wednesday.
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October 09, 2024
Court Affirms Waste Management Win In 'Titans Of Trash' Spat
A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.
Expert Analysis
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Differences In Enforcing Oral Settlements In NJ And Pa.
New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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Series
After Chevron: Impact On CFPB May Be Limited
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.