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Appellate
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
Fed. Circ. Says HUD Owes No More For Canceled Contracts
The Federal Circuit on Friday refused to grant a U.S. Department of Housing and Urban Development contractor costs and damages for the cancelation of contracts to sell foreclosed properties, saying HUD owed no more than the contractual minimums already paid.
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October 18, 2024
Tech Cos. Ask 9th Circ. To Skip DMCA Probe In GitHub IP Suit
Microsoft, GitHub and OpenAI have told the Ninth Circuit to rebuff an interlocutory appeal petition from a group of anonymous software developers who want clarity on whether the Digital Millennium Copyright Act requires an infringing copy to be identical to the original to claim a DMCA violation, saying the injury the group alleges is theoretical.
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October 18, 2024
Fed. Circ. Won't Question Reviving Vascepa Skinny Label Row
The Federal Circuit has said the full appellate court will not rethink a panel's decision reinstating Vascepa maker Amarin Pharma Inc.'s skinny label patent case against rival U.K. drugmaker Hikma.
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October 18, 2024
5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit
The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.
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October 18, 2024
5th Circ. Won't Revive Immigrant Investors' RICO Suit
The Fifth Circuit refused to revive a Racketeer Influenced and Corrupt Organizations Act lawsuit brought by foreign investors who claim they were offered fraudulent franchise opportunities in the United States as a way to obtain residency visas, finding that the plaintiffs didn't allege a cognizable enterprise.
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October 18, 2024
1st Circ. OKs Prosecution Of Alleged Illicit Medical Pot Grow
The First Circuit has determined that the federal prosecution of two Mainers accused of running an unlawful marijuana cultivation operation can continue despite a federal policy that bans the U.S. Department of Justice from bringing cases against medical cannabis entities.
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October 18, 2024
Ohio High Court Restores Developer's FHA Penalty Suit
The Ohio Supreme Court has revived a developer's attempt to recoup some of a Fair Housing Act penalty from franchisees who built inaccessible multifamily housing, finding Friday the lower courts jumped the gun when they found the developer's claims were preempted by the FHA.
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October 18, 2024
Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal
The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.
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October 18, 2024
Feds Defend Bribery Charge Against NYC Mayor Adams
Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.
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October 18, 2024
AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits
In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.
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October 18, 2024
High Court Bar's Future: Solicitor General Elizabeth Prelogar
U.S. Solicitor General Elizabeth B. Prelogar is a once-in-a-generation talent who uses her seemingly endless knowledge of case facts and related law — along with her quick wit — to routinely spar with an often antithetical U.S. Supreme Court over some of the most consequential issues in a given term, experts and court watchers say.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told
The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.
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October 18, 2024
$50B Russia, Yukos Case Poses New Questions For DC Circ.
A D.C. Circuit panel suggested during oral arguments Friday that Russia's bid to revive its sovereign immunity claim in a $50 billion arbitration enforcement case poses some new legal questions for the appeals court.
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October 18, 2024
Justices Told To Skip RFID Patent Row Over Standing
A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.
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October 18, 2024
Travis Scott Appeal Is 'Self-Inflicted' Issue, Trial Plaintiffs Say
Three Astroworld plaintiffs set to have their day in court next week hit back at Travis Scott's bid for settlement information, telling a Texas appeals court that the rapper's motion is a manufactured "emergency" based on "incorrect argument."
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October 18, 2024
Mich. Supreme Court Spurns Challenge To UMich Gun Ban
The Michigan Supreme Court declined Friday to review the constitutionality of the University of Michigan's campus firearms ban, leaving in place a lower court's ruling that the policy does not violate the Second Amendment.
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October 18, 2024
Fed. Circ. Partly Restores Suit Over Utility Line Patent
The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.
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October 18, 2024
FERC Extension For Pipeline Spur Warranted, DC Circ. Told
The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.
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October 18, 2024
DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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October 18, 2024
GOP Appeals Toss Of Ga.'s New Election Rules
The Georgia and national Republican parties have moved to appeal a Fulton County judge's decision that declared as unconstitutional a slate of recent election rule changes made by the State Election Board.
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October 18, 2024
Narrow Ga. Ruling On Atty-Client Privilege Draws Concerns
A recent divided Georgia Supreme Court decision found that jailhouse calls between a man convicted of assault and his then-attorney weren't off-limits to prosecutors, drawing concerns from some legal experts that the narrow reading of attorney-client privilege sets a "dangerous" precedent.
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October 18, 2024
NC Hospital Fights Competitor's Expansion Bid Approval
A North Carolina hospital operator urged a state appellate court to invalidate an administrative judge's approval of a competitor's expansion bid, arguing that members of the public were wrongfully denied input.
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October 18, 2024
57 Scholars, Former Judges Call For High Court Term Limits
A group of 57 constitutional scholars and retired federal and state judges wrote a letter to the leaders of Congress on Wednesday urging them to establish term limits for U.S. Supreme Court justices, proposing guardrails that they said are "urgently needed at a time of plummeting confidence" in the nation's highest court.
Expert Analysis
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Chevron's End Puts Target On CFPB's Aggressive BNPL Rule
A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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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.