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Appellate
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October 10, 2024
Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says
The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.
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October 10, 2024
Ill. Co. Tells 7th Circ. It Deserved Hearing Before NLRB Order
The National Labor Relations Board trod on an Illinois plumbing and fire suppression company's due process rights when it ordered the company to resume recognizing a Plumbers local without a hearing on whether the company violated a settlement by withdrawing recognition, the company told the Seventh Circuit.
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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
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October 10, 2024
Pa. Justices Vexed By Mall's Bid To Dodge Store's Legal Bill
The Pennsylvania Supreme Court on Thursday questioned Harrisburg Mall's argument that it should be let off the hook for Bass Pro Shops' legal bills after the retailer sank a customer's trip-and-fall suit, with one justice suggesting that the alleged need for proof or a judgment incentivized the tenant to lose the case.
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October 10, 2024
Alaska Judge's Misconduct Prompts Bid To Pause Appeal
A former Alaska nurse practitioner convicted of illegally prescribing millions of opioids, wants a stay of her appeal while she seeks a new trial in wake of Judge Joshua Kindred's resignation after he was found to have had an inappropriate relationship with an attorney in the office prosecuting her case.
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October 10, 2024
Fiduciary Co. Asks Justices To Weigh ERISA Arbitration Denial
A fiduciary services provider urged the U.S. Supreme Court to review the Second Circuit's decision blocking arbitration in a proposed class action alleging a debt relief company overcharged an employee stock ownership plan, arguing the ruling demonstrated a "judicial hostility" to arbitration that justices have warned against.
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October 09, 2024
5th Circ. Denies Extension For CFPB In Exam Policy Case
The Fifth Circuit on Wednesday denied the Consumer Financial Protection Bureau's unopposed request for a short deadline extension in its appeal over an examination policy that industry groups successfully sued to block last year, prompting the agency to ask for more time again.
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October 09, 2024
Deadspin Must Face KC Chiefs Fans' Defamation Suit
A Delaware state judge has rejected Deadspin's bid to toss a defamation suit by parents of a 9-year-old Kansas City Chiefs fan who allege the sports news outlet published an article wrongly accusing their son of being raised to be a racist due to his game-day attire.
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October 09, 2024
NC AG Urges NC Justices To Ax Duke Energy Rate Hike
The North Carolina Supreme Court has been hit with a barrage of briefs urging the justices to overturn the State Utilities Commission's allegedly "unlawful" rate increase for Duke Energy Carolinas, with North Carolina Attorney General Joshua H. Stein calling the rate change "arbitrary and capricious."
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October 09, 2024
9th Circ. Upends Healthcare Workers' Montana Vax Law Win
The Ninth Circuit on Wednesday reversed a ruling from a Montana federal judge striking for all healthcare settings a state law that bars discrimination based on vaccine status, calling the claimed harms to healthcare workers and patients "too speculative" to find it conflicted with federal law.
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October 09, 2024
Justices Fear Harm To Atty Reputations In Death Penalty Case
U.S. Supreme Court Justice Clarence Thomas expressed concern during oral arguments this month about the reputational harm two former Oklahoma prosecutors were facing in light of the state's claim that they withheld evidence and presented false testimony to secure the conviction of a prisoner on death row — allegations over which the justices seem likely to order further proceedings.
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October 09, 2024
Montana High Court Upholds Temporary Abortion Ban Blocks
The Montana Supreme Court late Wednesday handed down two decisions upholding a state district court's temporary injunctions blocking numerous abortion restrictions stemming from four pieces of state legislation while the case plays out in lower courts.
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October 09, 2024
5th Circ. Revives Air Force Bias Case, Citing Broader Standard
The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.
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October 09, 2024
Lima Urges DC Circ. To Ax $200M Awards To Ex-Odebrecht Co.
The Peruvian city of Lima has urged the D.C. Circuit to vacate $200 million in arbitration awards secured by a former subsidiary of "corrupt" Brazilian conglomerate Odebrecht over a failed toll road construction contract, calling the construction giant "an inveterate worldwide briber."
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October 09, 2024
5th Circ. Asks If Drag Ban Different From Obscenity Laws
A Fifth Circuit panel wrangled with First Amendment questions surrounding a Texas law banning drag shows in front of children, with a judge asking an LGBTQ nonprofit how Texas' law was different from a law banning "sexual intercourse" or "sodomy" in downtown New Orleans during oral arguments Wednesday.
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October 09, 2024
Court Affirms Waste Management Win In 'Titans Of Trash' Spat
A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.
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October 09, 2024
RFK Jr. Jumps Into TikTok Ban Fight At DC Circ.
Robert F. Kennedy Jr. has joined the fray in litigation at the D.C. Circuit challenging a federal law that could put TikTok out of business in the United States, contending in a new lawsuit that the sale-or-ban statute defies the First Amendment.
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October 09, 2024
Mich. Pot Legalization Does Not Bar Prosecution, Court Says
A Michigan appeals court has ruled that, notwithstanding the state's legalization of recreational marijuana, prosecutors can still pursue a case against a person charged with selling large amounts of the drug outside the state's regulated marketplace.
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October 09, 2024
9th Circ. Judge Open To Rebooting CoStar Antitrust Fight
A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.
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October 09, 2024
Wash. Justices To Weigh $185M PCB Case Against Monsanto
The Washington State Supreme Court will consider school teachers' bid to reinstate a $185 million jury verdict against Monsanto in a chemical poisoning tort, marking the first in a series of cases tied to the same school to make it all the way to the state's high court.
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October 09, 2024
9th Circ. Grills Geico, Assignees Over Failed Settlement
A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insured's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver.
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October 09, 2024
Another Supreme Court Term, Another Call For Ethics Reform
The new term for the U.S. Supreme Court began on Monday under a cloud of alleged ethics improprieties by several justices.
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October 09, 2024
SF Leaders Not Backing City's High Court Case Against EPA
With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.
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October 09, 2024
11th Circ. Told Fla. Venue Can't Show Injury In Drag Show Law
Florida told the Eleventh Circuit on Wednesday that it should be allowed to implement a law prohibiting children from attending drag shows, arguing that an Orlando bar that sued to stop the law's enforcement hasn't met its burden showing an injury traceable to the state.
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October 09, 2024
Del. Justices Told Noncompete Toss Will Upend State Doctrine
An attorney for an Illinois-based auto parts company urged Delaware's Supreme Court on Wednesday to clarify recent court precedent on employee "forfeiture-for-competition" agreements, saying a federal court strike-down of the company's forfeit action against a former manager would be "anathema" to Delaware's "contractarian doctrine and tradition" if upheld.
Expert Analysis
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Fed. Circ. Skinny Label Ruling Guides On Infringement Claims
The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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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.