Appellate

  • October 30, 2024

    'Politically Charged' Bid To Unseat Justice Alarms Colo. Bar

    The Colorado Bar Association said Tuesday it was concerned about a campaign to unseat the Colorado Supreme Court's chief justice because of her vote to disqualify former President Donald Trump from the state's ballot, calling them "politically charged efforts that target the judiciary's independence."

  • October 30, 2024

    Texas Hospital Can't Escape $3.5M Blood Clot Verdict

    A Texas appellate court largely affirmed a jury's $3.5 million verdict in a suit accusing a hospital of negligently treating a patient's blood clots and causing serious injuries, saying awards for future lost earnings and medical expenses were supported by the evidence.

  • October 30, 2024

    Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'

    A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.

  • October 30, 2024

    Pa. Says GOP Regret Doesn't Merit Freeze On Mail-In Vote Fix

    Pennsylvania told the U.S. Supreme Court on Wednesday the federal justices have no authority to freeze a ruling from the state's top court allowing voters whose mail-in ballots are rejected as defective to submit provisional ballots as replacements, adding that the Republican Party's alleged regret over its litigation strategy doesn't require action either.

  • October 30, 2024

    4th Circ. Keeps NC Voter Registration Suit In Fed. Court

    The Fourth Circuit has ruled that a district court was wrong to send part of a Republicans' lawsuit challenging the legality of 225,000 voters' registrations in North Carolina back to state court.

  • October 30, 2024

    4th Circ. Mulls Shipping Honeywell Royalty Fight To Fed. Circ.

    The Fourth Circuit grappled Wednesday with whether a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival had its roots in patent or contract law, which could dictate whether the appeal stays put or gets kicked over to the Federal Circuit.

  • October 30, 2024

    11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief

    A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.

  • October 30, 2024

    4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing

    A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.

  • October 30, 2024

    10th Circ. Upholds Sanctions Against Northwestern Law Prof

    A panel of the Tenth Circuit on Wednesday affirmed a Colorado district court's sanctions against a Northwestern University law professor for his frivolous attempt to remove a probate dispute with his sister to federal court, finding in a brief, unpublished opinion that the sanctions were not an abuse of discretion.

  • October 30, 2024

    Conn. Justices Doubt Fertility Doc Suit Is For 'Wrongful Life'

    Some justices of the Connecticut Supreme Court were skeptical Wednesday that a lawsuit accusing a fertility doctor of impregnating patients with his own sperm is a barred claim for wrongful life, pressing defense counsel on the now-grown children's allegations that they suffered psychological harm when they discovered the truth.

  • October 30, 2024

    Insurer Can't Cap Interest In Birth Injury Case, Patient Says

    A patient suing his doctor over injuries he suffered at birth urged the Colorado Supreme Court not to limit interest on his medical malpractice damages to $1 million, arguing in a brief the doctor's insurer had chances to settle the case years ago and refused.

  • October 30, 2024

    5th Circ. Upholds Texas A&M's Defeat Of Hiring Bias Suit

    The Fifth Circuit on Wednesday backed Texas A&M University's win over a professor's lawsuit claiming its hiring practices prevent white and Asian men's applications from being properly considered, finding his failure to actually seek a job at the school doomed his case.

  • October 30, 2024

    Ex-Ford Models CEO Can't Arbitrate Sex Misconduct Suit

    A California appeals court won't let the former CEO of Ford Models send a woman's suit brought under a state sex trafficking law to arbitration, saying her allegations don't fall within the scope of the arbitration agreement she signed.

  • October 30, 2024

    3rd Circ. Told Medicare Drug Price Talks Not Voluntary

    Three pharmaceutical companies told the Third Circuit on Wednesday the Medicare drug price negotiation program is anything but voluntary, arguing the appeals court should revive their challenges to the program because it is unconstitutional.

  • October 30, 2024

    Ga. Health Commish 'Overstepped' In Hospital Turf War

    The Georgia Court of Appeals has tossed a ruling from the state's Commissioner for the Department of Community Health that would have allowed a metro Atlanta hospital system to open a new radiology center, saying Tuesday that the commissioner overstepped his review powers.

  • October 30, 2024

    COVID-19 Order Could Save Med Mal Suit, Ga. Judges Say

    A mistake made by a paralegal working for former Georgia state representative Robbin Shipp may have been saved by a recent Peach State high court ruling that a pandemic-era judicial emergency order can toll the deadline to file medical malpractice suits, the state appeals court found Tuesday.

  • October 30, 2024

    AIG Tells Del. Justices Texas Medicaid Case 'Steeped In Fraud'

    An attorney for insurers who brought a mid-case appeal in a tangled suit focused on a Texas Medicaid claims processor's battles over its alleged errors and omissions in orthodontia billings told Delaware's Supreme Court Wednesday that the original case was "steeped in fraud" and propped up by negligence claims.

  • October 30, 2024

    4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit

    A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.

  • October 30, 2024

    Mich. Judges Reject Interest For Unclaimed Property Returns

    A Michigan appellate panel overturned a trial court Tuesday that admitted it was going against the grain by requiring the state to pay interest when it returns seemingly abandoned property, with appellate judges finding state statute was comprehensive enough to supersede the common law idea that "interest follows principal." 

  • October 30, 2024

    3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival

    A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.

  • October 30, 2024

    Ohio PBM Case Will Wait For High Court Ruling

    The Sixth Circuit agreed to pause a case from Ohio state enforcers accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices while the U.S. Supreme Court decides another case dealing with federal versus state jurisdiction.

  • October 30, 2024

    Mich. Justices To Mull Reviving Diminished Capacity Defense

    Michigan's highest court announced Wednesday that it will hold arguments in a case that could reinstate the diminished mental capacity defense in the Great Lakes State.

  • October 30, 2024

    Ohio Justices Say Attorney In Prison Should Not Be Disbarred

    The Ohio Supreme Court ruled Tuesday that an attorney in federal prison for his participation in a tax fraud scheme should not be disbarred, and should have a chance to reapply for his law license in the future

  • October 30, 2024

    NY Telecoms Urge Justices To Keep Pause On Price Cap

    Telecommunications trade groups urged U.S. Supreme Court Justice Sonia Sotomayor to keep New York's broadband price cap for low-income residents on hold even if the justices ultimately decide to review it, saying in a new brief Wednesday enforcement of the price caps would do irreparable harm to their members.

  • October 30, 2024

    Gulfstream Arbitration Notice To Worker Adequate, Court Says

    Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.

Expert Analysis

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • Can SEC's Consolidated Audit Trail Survive Post-Chevron?

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    The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.

  • 'Minimum Contacts' Issues At Stake In High Court FSIA Case

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    In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

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