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Appellate
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September 30, 2024
Covington Adds Longtime DOJ Atty With High Court Chops
Sarah Harrington has dedicated almost her entire legal career to public service. But on Dec. 1, following 3½ years overseeing the U.S. Department of Justice's appellate staff in the Civil Division as deputy assistant attorney general, she'll return to private practice as the new co-leader of the appellate and Supreme Court practice at Covington & Burling LLP, the firm said Monday.
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September 30, 2024
Mich. Justices Give Condo Drowning Suit Another Chance
The Michigan Supreme Court on Monday remanded a premises liability lawsuit against a condominium owners association that was brought by the estate of a member, saying an appeals court should take into account the justices' recent ruling that condo associations have a duty to exercise reasonable care to protect condo owners in shared spaces.
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September 30, 2024
NJ Justices Will Take Up Jersey City Gerrymandering Case
The New Jersey Supreme Court has agreed to weigh in on whether the ward maps in the state's second-largest city, which were redrawn after the 2020 census, were properly laid out for compactness or were configured in violation of voters' civil rights.
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September 30, 2024
GM Asks Full 6th Circ. To Rehear Transmission Defect Case
General Motors LLC is asking the full Sixth Circuit to hold an en banc rehearing of a panel decision last month affirming class certification in a suit alleging it sold vehicles with defective transmissions that caused shaking and shuddering, saying the panel ignored precedent in allowing the class claims to go forward.
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September 30, 2024
Mich. Justices Won't Restore 1-800-Bathtub's $1.3M Award
The Michigan Supreme Court on Monday left in place an appellate ruling slashing most of a $1.3 million arbitration award for the owner of a toll-free number, 1-800-BATHTUB.
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September 30, 2024
Red States Urge Justices To Take Up $15 Min. Wage Dispute
Conservative-led states told the U.S. Supreme Court that President Joe Biden's administration misused the Procurement Act when it hiked federal contractors' hourly minimum wage to $15, throwing their support behind two outdoor groups hoping to overturn a Tenth Circuit ruling in favor of the federal government.
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September 30, 2024
Adams Asks To Toss Bribery Charge, Citing Top Court Ruling
New York City Mayor Eric Adams moved swiftly to dismiss the bribery charge from his federal indictment on Monday, arguing that evidence of Turkish officials' gifts to curry favor with him fails to meet a high legal standard laid out by the U.S. Supreme Court.
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September 27, 2024
1st Circ. Drops Bribery, Reinstates Extortion In Casino Case
The First Circuit on Friday reversed both convictions and acquittals in a high-profile bribery and extortion case involving a Rhode Island architect and a Massachusetts tribal official who had been found guilty of a quid pro quo exchange of pricey gifts related to a valuable design contract on the tribe's $1 billion casino development.
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September 27, 2024
7th Circ. Doubts Artist Proved French Montana Copied Work
Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'."
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September 27, 2024
SEC Drops Case Against Marcum CPA After High Court Ruling
The U.S. Securities and Exchange Commission quietly dropped an in-house proceeding Friday against a Marcum LLP accountant whose case was called into question by a U.S. Supreme Court ruling that curtailed the agency's use of its administrative courts.
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September 27, 2024
Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices
The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.
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September 27, 2024
Calif. Appeals Court Won't Revive Suit Targeting Zero Emission Reg
A California appeals court has refused to jump-start a natural gas vehicle coalition's lawsuit targeting an Advanced Clean Trucks regulation aimed at boosting the sale of electric zero-emission medium- and heavy-duty vehicles, ruling state regulators properly considered alternatives and impacts.
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September 27, 2024
9th Circ. Says Stem Cell Treatment Not Exempt From FDA Rule
Two California clinics' experimental stem cell treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations, the Ninth Circuit ruled Friday, reviving the federal government's bid to stop the clinic from marketing the products as cures for certain diseases without U.S. Food and Drug Administration review.
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September 27, 2024
Fed. Circ. Urged To Block Gov't Bid To Rehear AI Deal Dispute
An artificial intelligence company has asked the Federal Circuit not to revisit a high-profile decision reviving the firm's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the original ruling fit within the circuit court's precedent.
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September 27, 2024
Constitution Permits Blocked Anti-Laundering Law, Panel Told
The U.S. government urged the Eleventh Circuit on Friday to reinstate the Corporate Transparency Act passed in 2021, arguing that the anti-money laundering law is within Congress' powers to regulate economic activity and necessary to have businesses report beneficial ownership to combat crimes like tax evasion and terrorist financing.
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September 27, 2024
States Tell Justices They Belong In Asylum Settlement Talks
Five Republican-led states pressed the U.S. Supreme Court to let them participate in the Biden administration's settlement discussions with immigration groups challenging asylum restrictions, arguing their input is necessary to prevent the administration from ceding the policy at the table.
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September 27, 2024
Amazon Roped Back Into Ind. Truckers' Injury, Death Suits
An Indiana appeals court has reinstated claims against Amazon in two separate suits alleging a negligently designed warehouse entrance caused the death of a big-rig driver and seriously injured another, saying the company knew that confusing signage was prompting drivers to exit their tractor-trailers on a public road, putting them at risk.
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September 27, 2024
2nd Circ. Won't Revive Danimer Investors' 'Greenwashing' Suit
The Second Circuit on Friday upheld the dismissal of a lawsuit accusing Danimer Scientific Inc. of over-hyping the environmentally friendly nature of a plastics alternative it produced, with the appellate court saying that there was no proof that company executives purposefully misled investors.
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September 27, 2024
Group Says GOP Out 'To Sow Chaos' With NC Voter ID Appeal
The Democratic National Committee and others urged a North Carolina state appeals court to reject the Republican National Committee's effort to block student and faculty IDs from the University of North Carolina from being accepted as valid voter IDs, arguing the RNC is trying to undermine the presidential election.
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September 27, 2024
Energy Cases To Watch In This US Supreme Court Term
The new U.S. Supreme Court term could be just as action-packed as the previous term was for the energy industry, as the justices will weigh in on how federal agencies conduct environmental reviews and field petitions over climate change policies and lawsuits. Here's a list of energy-related cases to watch this term.
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September 27, 2024
DC Circ. Skeptical Of Transformer Co.'s Union Vote Objections
Judges on the D.C. Circuit pressed an attorney for power transformer company VTCU on why it believes a National Labor Relations Board-overseen vote authorizing a union for the company's workers was flawed when both sides agreed to how it would go down.
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September 27, 2024
A Jury Found Them Not Guilty. They're Still Serving Life
Despite a federal jury acquitting Terence Richardson and Ferrone Claiborne for the murder of a Virginia police officer nearly 25 years ago, the two men remain in prison for the crime. But with new evidence and a new lawyer, they're hoping to reverse the fraught, state-level guilty pleas that a federal judge later relied on to sentence them both to life behind bars.
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September 27, 2024
4th Circ. Judge Startled By 'Really Odd' $9M Wage Suit Win
A Fourth Circuit panel on Friday grappled with the degree of control nurses have over their work and if they automatically become employees by signing a noncompete, as it considered a medical staffing company's bid to overturn a $9 million misclassification suit judgment following a bench trial.
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September 27, 2024
Fed. Circ. Won't Revive $5.9M CMS Contingency Fee Suit
The Federal Circuit on Friday refused to revive a contractor's $5.9 million dispute over a Medicare recovery audit task order, saying the Centers for Medicare and Medicaid Services reasonably terminated the deal and didn't owe the company any more money.
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September 27, 2024
Alaska Top Court Says No Coverage For COVID-19 Losses
The Alaska Supreme Court joined a number of state high courts Friday in finding that neither the presence of COVID-19 at a property nor government shutdown orders implemented in response to the pandemic constitute physical loss or damage in order to trigger insurance coverage.
Expert Analysis
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6th Circ. Ruling Highlights Complexity Of ERISA Preemption
The Sixth Circuit’s recent ruling in Standard Insurance v. Guy — that the defendant couldn't collect his mother’s life insurance after being convicted of murdering his parents — illustrates how courts must engage in mental gymnastics to avoid the broad reach of Employee Retirement Income Security Act preemption, says Mark DeBofsky at DeBofsky Law.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.