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Appellate
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July 19, 2024
2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit
A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 19, 2024
1st Circ. Says Refugee's Evidence Of Persecution Was Ignored
A refugee facing removal for firearm offenses has another chance at staying in the U.S., as the First Circuit found an immigration judge failed to consider whether his family was persecuted while escaping Liberia during a genocide.
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July 19, 2024
Jury Finds Gibson The Rightful Owner Of Liberace Piano
A Boston federal jury on Friday affirmed Gibson Guitars' right to have Liberace's bedazzled 9-foot-long grand piano returned to it from a Massachusetts piano store to which it loaned the entertainer's iconic instrument more than a decade ago.
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July 19, 2024
Rising Star: BCLP's Barbara A. Smith Tyson
Barbara A. Smith Tyson of Bryan Cave Leighton Paisner LLP claimed wins in two First Amendment cases involving Courthouse News Service and successfully convinced the Kansas Court of Appeals to dismiss personal injury claims accusing Walmart of administering a COVID-19 vaccine to a 15-year-old girl without parental consent, earning her a spot among the appellate attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 19, 2024
Draft Constitutional Amendment Would Ax Trump Immunity
Sen. Mazie Hirono, D-Hawaii, a member of the Senate Judiciary Committee, on Friday released a draft of a constitutional amendment that would ensure no one is above the law, following the U.S. Supreme Court's ruling that former President Donald Trump has immunity from official acts as president.
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July 19, 2024
Fed. Circ. Says Atty's Fee Appeal Too Early In Benefits Dispute
The Federal Circuit declined to reinstate an attorney's lawsuit seeking more than $38,000 in fees for his work representing a veteran in a benefits dispute with the U.S. Department of Veterans Affairs, saying it can't yet rule on whether the attorney was wrongly denied the money.
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July 18, 2024
5th Circ. Remands ESG Rule Row Citing Chevron's End
The Fifth Circuit on Thursday instructed a Texas federal court to reconsider a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, pointing to recent U.S. Supreme Court rulings that have "upended" the legal landscape.
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
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July 18, 2024
Crypto Law Firm's SEC Challenge Met With Doubt At 9th Circ.
A Ninth Circuit panel appeared skeptical Thursday of a law firm's quest for a judgment that its use of the crypto asset ether doesn't offend securities laws, questioning whether the firm has shown it faces enough of a threat from the U.S. Securities and Exchange Commission to keep its case against the regulator alive.
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July 18, 2024
8th Circ. Blocks Another Biden Student Debt Relief Plan
The Eighth Circuit has blocked the Biden administration from implementing another plan for student loan forgiveness while the appellate court considers a Missouri-led state alliance's injunction request, according to an order entered Thursday.
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July 18, 2024
6th Circ. Sees 'Fundamental' Shift Post-Chevron In Title X Row
The toppling of Chevron deference set the tone for a Sixth Circuit hearing on Thursday as the court contemplated Tennessee's arguments that the U.S. Department of Health and Human Services went beyond its statutory power when it introduced new requirements for family planning funding.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
Conn. Justices Order Redo Of Apartment Tenant's Fee Award
The Connecticut Supreme Court on Thursday gave a landlord another shot at reducing a $3,500 attorney fee award scored by a tenant in an eviction dispute, holding that the lower court failed to consider whether the total was reasonable under the relevant fee shifting statute.
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July 18, 2024
5th Circ. Upholds Tossing Of Ship Captain's Toxic Injury Suit
A former offshore supply vessel captain, who claims chemicals aboard caused his cancer and kidney failure, must sue his U.S. employer in England, the Fifth Circuit has ruled, saying the employment contract's forum selection clause is enforceable even after considering Louisiana's law which largely prohibits such clauses.
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July 18, 2024
9th Circ. Revives Fired Doctor's COVID Vax Religious Bias Suit
The Ninth Circuit revived a doctor's claims that Washington State University failed to accommodate his religious beliefs when it fired him from his residency for refusing the COVID-19 vaccine, ruling Thursday that U.S. Supreme Court precedent necessitates another look at his case.
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July 18, 2024
Fed. Circ. OKs Gilstrap's Alice Ax Of Background Check Patent
The Federal Circuit on Thursday upheld Eastern District of Texas Judge Rodney Gilstrap's invalidation of a background check patent for claiming only an abstract idea, as well as his refusal to award attorney fees to the small Texas city that prevailed in the case.
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July 18, 2024
9th Circ. Signals Support For Alaska Salmon Fishery
A Ninth Circuit panel on Thursday leaned toward allowing government-approved commercial salmon fishing in Southeast Alaska, with one judge saying the economic hardship indigenous communities would face without fishing outweighs the "enormous uncertainty" of impacts on a small population of orca whales that feed on the fish.
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July 18, 2024
Google Warns Fed. Circ. Panel Backed Manipulating Damages
The Federal Circuit's decision to make Google pay EcoFactor $20 million for infringing a smart thermostat patent clears patent owners to "manufacture a royalty rate" and ignore both market realities and apportionment, Google told the full court in a bid for rehearing.
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July 18, 2024
SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure
The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.
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July 18, 2024
Menendez Appeal Could Make Hay From Bribery Case Law
Sen. Robert Menendez's planned "aggressive" appeal will almost certainly include broadsides against his novel foreign-agent conviction and attempt to capitalize on the U.S. Supreme Court's proven appetite for bribery cases, experts say.
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July 18, 2024
Split 9th Circ. Panel Backs Restoring DHS Bond Rule
A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.
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July 18, 2024
Judge Won't Pause Sanctions In Byju's Ch. 11
A Delaware district court Thursday ruled hedge fund Camshaft Capital Fund LP cannot hold off a contempt order from a Delaware bankruptcy court in the Chapter 11 case of Byju's Alpha while it appeals the sanctions, finding that it could avoid sanctions if it complied with a court order.
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July 18, 2024
Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling
A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.
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July 18, 2024
LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit
LegitScript has told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.
Expert Analysis
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.