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Appellate
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August 15, 2024
Ex-Drew Eckl Attys Seek New Firm's Escape From Arbitration
Drew Eckl & Farnham LLP and former firm attorneys now at Burke Moore Law Group LLP launched dueling arguments in the Georgia Court of Appeals this week over Burke Moore's bid to undo a court order requiring it to arbitrate a fees dispute between Drew Eckl and Burke Moore founders.
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August 15, 2024
Ford Wants Judge Booted Off Paraplegic's Suit After Podcast
Ford Motor Co. pushed the North Carolina Court of Appeals to remove state Superior Court Judge Hoyt Tessener from a product liability suit, arguing the jurist made disparaging remarks about the company after prosecuting a similar suit against the carmaker years ago as a private attorney.
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August 15, 2024
Prof Rips DOJ, VW's 9th Circ. Bid To Shield Jones Day Docs
A Loyola Marymount University professor has urged the Ninth Circuit to shut down the U.S. Department of Justice and Volkswagen AG's relentless "obfuscation" in a long-running dispute over access to confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.
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August 15, 2024
Federal Circuit Upholds Duties On Steel Nails From Taiwan
The Federal Circuit upheld the "dumping margin" duties charged on certain Taiwanese nail imports, finding that the U.S. Department of Commerce had been unable to wring detailed data out of some of the producers and was thus justified in relying on outside facts when calculating the rates.
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August 15, 2024
NY Asks Top Court To Nix Ruling Against Ethics Commission
The Office of the New York State Attorney General has submitted a brief urging the state's highest court to reverse a finding against an ethics commission that former Gov. Andrew Cuomo convinced a state court was unconstitutional.
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August 15, 2024
Colorado, Suncor Back EPA In Denver Refinery Permit Fight
Colorado and Suncor Energy USA Inc. told the Tenth Circuit the U.S. Environmental Protection Agency was right to refuse to object to a series of permit changes state regulators approved for the company's Denver-area oil refinery, as fights over the facility's emissions are heating up.
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August 15, 2024
Trump Seeks To Delay NY Sentencing Until After Election
Donald Trump asked to delay sentencing in his New York hush money case until after the 2024 presidential election, arguing he needs time to potentially appeal if he loses an attempt to erase the felony conviction on the basis of presidential immunity.
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August 15, 2024
Okla. Says 10th Circ. PBM Ruling Defies High Court Precedent
Oklahoma urged the U.S. Supreme Court to review a Tenth Circuit decision nullifying certain parts of a state law regulating pharmacy benefit managers, arguing the appeals court's ruling openly conflicts with sister circuits and previous high court rulings while pushing federal benefits law beyond its limits.
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August 15, 2024
Norfolk Southern Engineer Asks 3rd Circ. To Revive ADA Suit
A train conductor urged the Third Circuit to reinstate his disability bias suit claiming he was unlawfully disqualified from his position because of his history of seizures, saying Norfolk Southern Railway Co. and a lower court ignored evidence that he could safely perform his job.
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August 15, 2024
Mich. Top Court Won't Undo Judicial Candidate's DQ
The Michigan Supreme Court on Wednesday declined to review the disqualification of a candidate for an open judgeship on the state's intermediate court of appeals.
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August 14, 2024
3rd Circ. May Nix $10M Venezuela Award Transfer Suit
The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.
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August 14, 2024
Fed. Circ. Won't Rehear Utah Tribe's Water Dispute
A Federal Circuit panel refused to rehear a Utah tribe's challenge to the U.S. government that looked to overturn a Federal Claims Court ruling that held it didn't violate a 19th century law by not securing new water and infrastructure rights for the Indigenous community.
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August 14, 2024
Gilstrap Can't Keep IP Case Top Secret, Federal Circuit Told
Law professors and media groups are backing a nonprofit's legal quest at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas, arguing that keeping patent cases secret harms the public interest.
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August 14, 2024
4th Circ. Says Credit Card 'Offset' Ban Applies To HELOCs
Creditors are prohibited from withdrawing funds from a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent, a divided Fourth Circuit panel ruled Wednesday.
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August 14, 2024
Biz Says Mich. Cities Ignore Taxpayers In Fee-Or-Tax Fight
A pipe fitting business has urged the Michigan Supreme Court to reject municipal organizations' "histrionic" arguments that cities' financial stability will be in jeopardy if the top court finds Detroit's fire inspection fee is a disguised tax, saying the groups are disregarding citizens' rights to be free from illegal taxes.
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August 14, 2024
Recreational Pot Contract Unenforceable, Texas Court Says
A Texas state appeals court has torched a cannabis farmer's $100,000 jury win, ruling that he can not collect against his former business partner because the marijuana crop he grew was federally illegal and specifically intended for recreational use.
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August 14, 2024
Del. Justices Affirm $266M Atty Fee Award In Dell Class Suit
Delaware's Supreme Court on Wednesday backed a Chancery Court decision awarding an almost record-breaking $266.7 million fee for stockholder attorneys who settled a class action against Dell Technologies Inc. for $1 billion, saying the Chancery "did not exceed its discretion in setting the fee percentage."
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August 14, 2024
Florida AG Can't Nix Hospitals', School Boards' Opioid Claims
A Florida state appeals court on Wednesday reversed a trial court's order allowing the state's attorney general to wipe out a group of suits by hospitals and school boards in opioid litigation, holding that she doesn't have the authority to release their claims without their consent.
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August 14, 2024
6th Circ. Backs Ohio Dept. In Ex-Auditor's Disability Bias Suit
The Sixth Circuit upheld an Ohio state health department's win over a former auditor's lawsuit alleging she was fired for requesting a schedule adjustment because of her depression and anxiety, saying Wednesday that the worker refused to engage in conversations that could've identified a suitable accommodation.
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August 14, 2024
Hospital Groups Tell High Court HHS 'Stingy' In SSI Pay Row
Six of the nation's leading hospital associations told the Supreme Court on Wednesday that the U.S. Department of Health and Human Services is being "stingy" when miscalculating a formula that could cost hospitals treating low-income patients more than a billion dollars in special payments each year.
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August 14, 2024
Insurer Fights $29M Judgment Over Fatal Crash Coverage
An insurer urged a North Carolina state appeals court Wednesday to undo a nearly $29 million judgment in a lawsuit stemming from a claim for a fatal vehicle crash, citing a policy exclusion that barred coverage for injuries to fellow employees.
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August 14, 2024
Wyoming Hemp Cos. Bring Challenge To 10th Circ.
After a Wyoming federal judge declined to block enforcement of a newly enacted law regulating hemp-derived intoxicating products in the state, the businesses that brought the challenge said on Wednesday they would appeal the matter to the Tenth Circuit.
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August 14, 2024
Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row
The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.
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August 14, 2024
10th Circ. Wipes Out Fight Over Obama-Era Methane Rule
The Tenth Circuit has thrown out a lower court ruling partially invalidating an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, saying a new rule crafted by the Biden administration moots the entire case.
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August 14, 2024
Ohio Panel Says Union Wage Dispute Filed In Wrong Court
An Ohio state appeals court declined to rule on a union's appeal in its suit over whether the state's prevailing wage law pertains to the construction of a college dormitory by a public university because the union sued in the wrong county, avoiding deciding a matter of first impression.
Expert Analysis
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Contract Disputes Recap: Preserving Payment Rights
Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Opinion
After Jarkesy, IRS Must Course-Correct On Captive Insurance
The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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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.