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Appellate
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October 11, 2024
Fed. Circ. Judge Wary Of 2nd Revival Bid In Facebook IP Case
A Federal Circuit judge on Friday hinted that the evidence a software company presented in an infringement lawsuit against Meta Platforms Inc. over data storage technology may have been too general to overcome the Facebook parent's summary judgment motion, as the court considered the firm's bid to revive its complaint a second time.
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October 11, 2024
Google Appeals Epic Injunction To 9th Circ.
Google is appealing a California federal judge's recent order that it allow for third-party app distribution on its Android phones, taking the company's long-running fight with Fortnite-maker Epic Games to the Ninth Circuit with just weeks before the injunction is set to take effect.
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October 11, 2024
Wash. Tribal Panel Upholds Eviction Ruling Against Families
An appeals court for Washington state's Nooksack Indian Tribe has declined to reconsider a ruling that would evict a group of families claiming title under a federal homeownership program.
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October 11, 2024
Cornell Case Gives Justices Chance To Curb ERISA Litigation
The U.S. Supreme Court's recent decision to hear a retirement fee suit from Cornell workers means new precedent is coming that could harmonize an uneven set of circuit standards for what it takes to pursue a prohibited transaction claim under federal benefits law, attorneys say.
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October 11, 2024
High Court Bar's Future: Stanford Law's Easha Anand
Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.
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October 11, 2024
3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible
A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver.
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October 11, 2024
Justices Will Evaluate RICO Scope In Trucker's CBD Case
The U.S. Supreme Court on Tuesday will hear a case brought by a trio of CBD companies asking the justices to establish whether a trucker can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act, or RICO.
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October 11, 2024
Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand
Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on speculative harms.
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October 11, 2024
DOI Defends Offshore Lease Schedule At DC Circ.
The U.S. Department of the Interior defended its scaled-back offshore leasing program for 2024-2029 from dueling challenges at the D.C. Circuit, arguing it relied on "extensive quantitative and qualitative analyses" that it prepared over several years to reach its decision.
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October 11, 2024
Pa. Justices Won't Review Bible App Maker's Coverage Denial
The Pennsylvania Supreme Court declined to hear a Bible app maker's coverage bid over a hacker's deletion of its videos and software stored on a GoDaddy Inc. server, letting stand an appeals panel's ruling in a case of first impression on what "your computers" means in a property policy.
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October 11, 2024
FERC Defends Keeping Calif. In Hydro Permitting Role
The Federal Energy Regulatory Commission defended its conclusion that California's water board didn't waive its Clean Water Act permitting authority over two hydroelectric dams, telling the D.C. Circuit there's nothing to suggest there was a coordinated effort to string out the permitting process.
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October 11, 2024
Fed. Circ. Says USMCA Review Bars Importer's Duty Suit
The Federal Circuit has backed the U.S. Court of International Trade's dismissal of a Canadian lumber company's challenge to increased tariffs, saying the U.S. court couldn't take the case once a U.S.-Mexico-Canada Agreement panel began reviewing the duties.
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October 11, 2024
9th Circ. Backs Planned Parenthood's $14M Atty Fee Win
The Ninth Circuit upheld a nearly $14 million attorney fee award to Planned Parenthood after the reproductive health service provider won its suit claiming the Center for Medical Progress unlawfully recorded abortion service providers, saying Friday the award was not unreasonably disproportionate to the jury's $2.4 million damages award.
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October 11, 2024
Gruden Gets Another Play, Could Keep NFL Suit In Court
Former Las Vegas Raiders coach Jon Gruden will have another shot to keep from arbitration his case over the NFL's alleged torpedoing of his contract with leaks of his inflammatory emails, as the entire Nevada Supreme Court will consider the proper venue for the heated dispute.
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October 11, 2024
Xcel, Colo. Co-Op Reach Deal To End Power Plant Appeal
Xcel Energy and a Colorado electric cooperative have told an intermediate state appellate court that they've reached a settlement in principle to avoid further appeals of a $26 million jury verdict against Xcel in a fight over the closure of a power plant.
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October 11, 2024
Nelson Mullins Can't Beat DQ In Foreign Exchange Fraud Suit
A Florida state appeals court panel unanimously sided with a trial court Friday in deciding that Nelson Mullins Riley & Scarborough LLP can't represent the defendant in a lawsuit accusing him of duping the plaintiff into doing business with online foreign exchange platform FxWinning Ltd. because the firm previously represented the plaintiff in a "substantially related" suit against the company.
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October 11, 2024
Off The Bench: NCAA's NIL Deal Advances, QB Settles Again
In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.
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October 11, 2024
California High Court Rejects Bar Exam Alternative Program
The California Supreme Court has rejected a proposal that would have allowed bar applicants to submit a portfolio of work they did with real clients under supervision instead of taking the bar exam.
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October 10, 2024
Chutkan OKs Redacted Immunity Evidence In Trump Case
The D.C. federal judge overseeing the case that charges Donald Trump with scheming to subvert the 2020 election results will allow the public disclosure of some evidence related to the issue of his potential immunity, but will give the former president time to challenge the disclosure.
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October 10, 2024
Paxton Sanctions Attempt Is 'Intimidation Tactic,' Nonprofit Says
A Houston civil rights nonprofit focusing on immigration is calling a sanctions motion from Texas Attorney General Ken Paxton an "intimidation tactic," telling a state appeals court that it shouldn't have to just accept whatever legal interpretation the state spits out or face sanctions.
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October 10, 2024
Trade Group, Enviros Clash Over EPA Methylene Chloride Rule
American Chemistry Council and the Sierra Club are taking aim at the U.S. Environmental Protection Agency's methylene chloride rule, with the industry group telling the Fifth Circuit the agency overstepped when it outright banned most applications of the chemical for no valid reason and the conservation organization arguing it didn't go far enough.
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October 10, 2024
Wash. Judge Condemns Monsanto's Bid To Delay PCB Trial
A Washington state judge grew frustrated on Thursday with Monsanto's eleventh-hour attempt to shelve a PCB poisoning tort headed to trial next week until the state Supreme Court weighs in on a similar case, calling out the chemical giant for taking stances on "both sides of the fence" about the stakes on appeal.
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October 10, 2024
Fed. Circ. Digs Into Patent Applications' Place In Prior Art
A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.
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October 10, 2024
Vape Co. Missed Cutoff To Toss $892K Arb. Loss, 9th Circ. Says
A Ninth Circuit panel on Thursday affirmed a Washington distributor's $892,000 arbitration award in a dispute with vape company Avid Holdings, in an order siding with a district court judge who determined Avid waited too long to dispute the arbitrator's decision.
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October 10, 2024
DOJ Defends Federal Marijuana Ban At 1st Circ.
The U.S. Department of Justice on Thursday urged the First Circuit to reject cannabis companies' constitutional challenge to the drug's ongoing prohibition under federal law, arguing that the U.S. Supreme Court has made clear that Congress has the power to regulate the interstate and intrastate markets for controlled substances.
Expert Analysis
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Series
After Chevron: Uniform Tax Law Interpretation Not Guaranteed
The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Colo. Ruling Adopts 'Actual Discharge' Test For The First Time
After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Opinion
Justices' Malicious-Prosecution Ruling Shows Rare Restraint
The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.