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Appellate
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October 30, 2024
Class Asks Court To Revive Claims Against Florida Blue
A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
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October 30, 2024
Del. Justices Probe Implications Of Tripadvisor Nevada Move
Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.
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October 30, 2024
Texas Trying To 'Cloak' Uvalde Records Forever, Justices Hear
Justices on a Texas appeals court questioned why the state should get to keep almost three terabytes worth of data relating to the Uvalde school massacre away from the public eye, saying during oral arguments Wednesday that Texas was seemingly claiming it could hold onto all of its records.
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October 30, 2024
Calif. Panel Axes $10.6M Abex Asbestos Verdict
A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.
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October 30, 2024
9th Circ. Says Calif. City Can't Sue State Over Housing Laws
The Ninth Circuit refused to revive the city of Huntington Beach, California's challenge to Golden State laws requiring it to build a certain number of housing units to keep up with population growth, writing in an order Wednesday that the city lacked standing to sue the state in federal court.
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October 30, 2024
'Less-Is-More' Ill. Justice Preps For Next Decade On The Court
With voters set to hand Illinois Supreme Court Justice Lisa Holder White her first full term on the high court bench next week, the justice said she is ready to tackle the next decade of cutting-edge legal issues. But don't expect florid phrasing in her future opinions.
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October 30, 2024
Fla. Vax Critic Urges Panel To Revive Advance Auto Injury Suit
A Florida woman Wednesday urged a state appellate panel to revive her personal injury lawsuit against Advance Auto Parts, saying a lower court wrongly tossed it after determining she misrepresented medical problems from a vehicle collision with a company driver based on her internet comments regarding COVID-19 vaccine reactions.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
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.
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Smith's New Trump Indictment Is Case Study In Superseding
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.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
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.
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What To Expect As Worker Bias Suit Heads To High Court
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.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
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.
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What To Make Of Dueling Corporate Transparency Act Rulings
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.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
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.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
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.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
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.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
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.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
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.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
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.
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State Of The States' AI Legal Ethics Landscape
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.