Try our Advanced Search for more refined results
Appellate
-
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.
-
July 09, 2024
'ComEd Four' To Renew Acquittal Bid After Bribery Ruling
An Illinois federal judge effectively pushed the next ruling in the criminal case against former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants to at least winter, as the defendants vowed to renew their acquittal bid in the wake of the U.S. Supreme Court's ruling finding that federal bribery law doesn't criminalize rewards given after an official act.
-
July 09, 2024
Newman Loses Suit Against Fed. Circ. Over Suspension
A D.C. federal judge on Tuesday dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests, saying she failed to prove the judicial conduct law at issue is unconstitutional.
-
July 08, 2024
5th Circ. Unstrings Gibson's Win In Guitar Design TM Fight
Gibson must retry its case alleging a rival guitar maker sold counterfeit instruments that infringed its trademark on the Flying V guitar and other iconic models, the Fifth Circuit ruled Monday, saying the district court improperly excluded evidence.
-
July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
-
July 08, 2024
Would-Be Pot Co. Rainmaker Still Not Liable For Alleged Fraud
A Colorado Court of Appeals panel has affirmed the outcome of a jury trial in which a businessman was found not liable for defrauding a cannabis company, concluding that it would have been highly prejudicial to tell jurors the businessman was sanctioned in the case for fabricating evidence.
-
July 08, 2024
Judge's Error Reverses Med Mal Atty Sanctions, Panel Rules
A Pennsylvania Superior Court ruled Monday that a Philadelphia trial court erred by imposing sanctions on counsel in a long-running medical malpractice suit against a hospital, saying sanctions can't be based on a broad courtwide policy attempting to speed up medical malpractice cases.
-
July 08, 2024
Fla. Judge Facing Reprimand For Spreading Campaign Gossip
A Florida judge has agreed to a public reprimand for disseminating unreliable allegations about her opponent for a judicial seat that insinuated the opponent fraudulently obtained money from the Paycheck Protection Program, according to documents filed Monday.
-
July 08, 2024
2nd Circ. Lets Rail Co. Retool Suit Against Big Banks
The Second Circuit on Monday restored Eddystone Rail Co. LLC's lawsuit targeting Bank of America NA and other banks for their alleged roles helping an oil transportation and logistics company evade liability in a roughly $140 million contract dispute, reasoning that the rail company still has time to amend its complaint.
-
July 08, 2024
Fed. Circ. Won't Let Charter Shake Off Texas Patent Suit
The Federal Circuit on Monday turned down an argument from Charter Communications to direct a lower court in Marshall, Texas, to toss a patent infringement suit it's facing — less than a year after the cable company lost a nearly identical argument in a different patent case before the appeals court.
-
July 08, 2024
11th Circ. Reverses Halt On Ga. Election Spending Probe
The Eleventh Circuit on Monday threw out a district court ruling blocking Georgia officials from enforcing a state campaign finance law against two nonprofits founded by Stacey Abrams that challenged the law's constitutionality, holding that the lower federal court should have abstained in light of a state proceeding.
-
July 08, 2024
3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight
The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.
-
July 08, 2024
Purdue Creditors Look To Sue Sacklers After Justices' Ruling
The official committee of unsecured creditors in the Chapter 11 case of drugmaker Purdue Pharma asked a New York bankruptcy judge on Monday for standing to bring actions against members of the Sackler family that own the company after the U.S. Supreme Court torpedoed a precarious settlement among the parties.
-
July 08, 2024
Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say
Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.
-
July 08, 2024
Full 2nd Circ. Urged To 'Correct' Panel's Insider Trading Ruling
A hedge fund accused of taking advantage of its corporate insider status to profit off swing trading in 1-800-Flowers' stock is urging the full bench of the Second Circuit to reconsider a decision to revive the lawsuit against it, arguing in a Monday petition to the court that the ruling clashes with both U.S. Supreme Court precedent and with controlling Second Circuit precedent on standing.
-
July 08, 2024
Biggest Michigan Decisions Of 2024: A Midyear Report
Michigan's appellate courts started off the year with notable labor and no-fault insurance opinions, allowing retaliation claims from a whistleblower's friends who didn't make any complaints themselves, and clarifying confusing auto insurance coverage changes after legislative reforms. Here is a look at some of the biggest decisions in Michigan so far this year.
-
July 08, 2024
3rd Circ. Doubts SEC Properly Served Ponzi Scheme Suspect
The Third Circuit on Monday appeared skeptical of the U.S. Securities and Exchange Commission's bid to maintain a default judgment against a Swiss resident accused of operating a $1.4 million Ponzi scheme, peppering the agency with questions about how the complaint was served.
Expert Analysis
-
7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits
On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.
-
4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
-
What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
-
9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
-
Using Rule 23(f) To Review Class Certification Orders
Since plaintiffs on average are prevailing in certifying a class more often than not, the best-positioned class action defendants are those prepared to pursue relief under Rule 23(f) well before the district court issues its certification decision, say attorneys at K&L Gates.
-
Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
-
Opinion
SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
-
What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
-
The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
-
Binance Ruling Spotlights Muddled Post-Morrison Landscape
The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.
-
Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
-
Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
-
Corp. Transparency Act Could Survive 11th Circ. Several Ways
If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.
-
Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
-
The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.