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Appellate
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August 21, 2024
Texas Law Firm Cleared Of Overcharging Criminal Client
A Texas appellate court cleared Austin law firm Minton Bassett Flores & Carsey PC of breaching its fiduciary duties and delaying a trial date to rake in more legal fees from a criminal defendant, upholding the trial court's decision to dismiss the case in a Wednesday opinion.
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August 21, 2024
Ex-Patriots Football Player Can't Sue Over Alumni Group Boot
A Massachusetts appellate court panel declined on Wednesday to undo a lower court's decision to toss a lawsuit from an elderly former New England Patriots player who claims he was wrongly ejected from the alumni club.
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August 21, 2024
VA Tells High Court Veterans' PTSD Claims Correctly Rejected
The federal government urged the U.S. Supreme Court not to overturn decisions denying two veterans' claims for post-traumatic stress disorder benefits, saying lower courts properly refused to reconsider evidence whether the vets deserved the benefit of the doubt.
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August 21, 2024
9th Circ. Lets Atty Fight Against $8M Malicious Prosecution
A Nevada attorney may take to the federal court to challenge an Arizona state court's civil judgment finding him liable for malicious prosecution, the Ninth Circuit determined Wednesday, finding the federal district court was wrong to toss his claims on the grounds they were barred by jurisdictional precedent established in the Rooker-Feldman doctrine.
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August 21, 2024
Split 6th Circ. Partly Revives GM Drivers' Truck Emissions Suits
A divided Sixth Circuit panel on Wednesday revived drivers' state-law claims in consolidated litigation alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, rejecting a district court's finding that the claims conflicted with federal law.
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August 21, 2024
Insurers Escape Calif. Starbucks Drive-Thru Easement Row
A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.
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August 21, 2024
High Court Told Nvidia Case Could Damage Crypto Industry
The Digital Chamber is warning that a U.S. Supreme Court dispute between chipmaker Nvidia Corp. and some of its investors poses a "grave risk" to the entire cryptocurrency industry by threatening to expose it to costly litigation should the justices uphold a lower court ruling allowing the lawsuit to move forward.
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
2nd Circ. OKs Argentine Bondholders' $310M Collateral Win
The Second Circuit on Wednesday affirmed a finding that Argentina must turn over to its onetime bondholders reversionary interests worth over $310 million in collateral backing so-called Brady Plan bonds from the 1990s that recently matured, rejecting the country's arguments that the Foreign Sovereign Immunities Act shields its interests in the collateral.
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August 21, 2024
6th Circ. Says Fired Worker's Asthma Not Covered By ADA
A split Sixth Circuit panel on Wednesday backed the dismissal of an asthmatic worker's suit claiming an entertainer management firm unlawfully fired her for requesting to telework during the COVID-19 pandemic, saying she hadn't shown that her condition triggered the federal disability bias law's protection.
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August 21, 2024
Hedge Fund Priest Sues SEC Over Proposed Industry Ban
A Greek Orthodox priest and hedge fund founder who beat most civil claims brought by the U.S. Securities and Exchange Commission at a 2021 trial sued the agency Wednesday, claiming it is unconstitutionally trying to implement a lifetime ban from the securities industry through an administrative case.
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August 21, 2024
Fla. High Court Rejects Petition Against Abortion Measure Info
Florida's high court Wednesday rejected a petition from a group challenging the financial impact statement attached to a measure legalizing abortion up to 24 weeks that's slated to appear on the state's ballot in November, saying they never initially challenged a committee's authority to revise a statement they considered flawed.
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August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
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August 21, 2024
Daughter Keeps $9.2M Win In Father's Med Mal Death Suit
A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.
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August 21, 2024
Feds Chide Iowa's 'Implausible' Immigration Law Defense
The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.
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August 21, 2024
9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate
The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.
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August 21, 2024
Minn. Justices OK Denial Of Homestead Tax Break
A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.
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August 21, 2024
EPA Urges 8th Circ. Not To Delay Power Plant Effluent Rule
The U.S. Environmental Protection Agency and green groups on Tuesday asked the Eighth Circuit not to block the implementation of a rule that set new wastewater standards for coal-fired power plants, as utility companies, trade groups and nearly two dozen states that oppose the rule have urged.
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August 21, 2024
3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute
The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.
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August 21, 2024
Fed. Circ. Says Apple Can't Ship Haptic Tech IP Case To Calif.
Apple on Wednesday lost its appeal to move a lawsuit accusing it of infringing another company's haptic feedback device patents from the Western District of Texas to California, with the Federal Circuit holding that U.S. District Judge Alan Albright's denial of the transfer showed no clear abuse of discretion.
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August 21, 2024
Justices Urged To Take Up 9th Circ. $1.3B Award Suit
The corporate arm of India's space agency is trying to downplay how big of a circuit split the Ninth Circuit created when it ruled it had no jurisdiction over a $1.3 billion arbitral award, but the company's attempts are "unconvincing," an Indian satellite telecom has told the U.S. Supreme Court.
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August 21, 2024
How AI Could Shake Up Federal Evidence Rules
Judges, lawyers and academics say it's only a matter of time before the breakneck development of artificial intelligence collides with a cautious, slow-moving judicial system and gives rise to a thorny array of evidentiary issues. They're just not sure what to do about it.
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August 21, 2024
Dems At DNC Push For High Court Reform
Democratic lawmakers on Wednesday made the case at an event adjacent to the Democratic National Convention that U.S. Supreme Court reform is an issue that everyday Americans should care about and championed the progress made thus far.
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August 21, 2024
Chamberlain Hrdlicka Can't Nix $700K Award To Consultant
A Lone Star State appellate court has sided with a cost-cutting consulting firm in preserving a $700,000 judgment it was awarded following a 2022 jury trial against Chamberlain Hrdlicka White Williams & Aughtry, rejecting the law firm's argument that its liability was limited to a far lower amount under their contract.
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August 21, 2024
Fla. Court Won't Revive Miami Atty's $5B Defamation Suit
A Florida state appeals court refused Wednesday to revive a Miami lawyer's $5 billion defamation suit against the Florida Bar and a newspaper over an article about events surrounding a previous legal action he filed against a doctor that he claims caused him irreparable reputational damage.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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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.