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Appellate
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October 21, 2024
High Court Won't Revisit New-Deal Removal Ruling Yet
The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.
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October 21, 2024
High Court Will Review Clean Air Act Jurisdiction Cases
The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.
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October 21, 2024
Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit
The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.
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October 21, 2024
Justices Nix GOP States' Intervention In Asylum Rule Talks
The U.S. Supreme Court on Monday denied a group of Republican states' attempt to intervene in settlement talks between immigrant rights groups and the Biden administration over a rule limiting asylum at the southern border.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Justices Urged To Undo Ruling Against Horse Racing Law
The Horseracing Integrity and Safety Authority has pressed the U.S. Supreme Court to vacate a Fifth Circuit ruling against a federal law delegating horse safety regulation to the horse-racing authority, arguing that the law's framework is regularly upheld by other courts, according to a petition.
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October 18, 2024
Oklahoma Brings Title X Funding Cut Fight To Justices
Oklahoma is asking the U.S. Supreme Court to review the Tenth Circuit's decision allowing the U.S. Department of Health and Human Services to cut Title X funding over the state's refusal to refer family planning patients for abortion care following the high court's Dobbs decision last year.
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October 18, 2024
Colo. County, Enviros Back DC Ruling In High Court Rail Fight
Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.
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October 18, 2024
How Texas Legislators Blocked 1st 'Shaken Baby' Execution
A bipartisan group of Lone Star State legislators stopped what would have been the nation's first execution for a conviction based on a "shaken baby syndrome" diagnosis by raising a novel separation-of-powers question about whether legislative subpoenas or death warrants carry more authority.
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October 18, 2024
Jan. 6 Witness Said Trump Speech May Have Been 'Political'
Donald Trump's speech at a rally before the Jan. 6, 2021, insurrection at the U.S. Capitol may have been "political" rather than in his official capacity as president, witness testimony unsealed Friday in his D.C. election interference case said.
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October 18, 2024
Fed. Circ. Sinks BofA's Fight Over Image Recognition Patents
Bank of America had no luck Friday in an appeal seeking to revive a handful of challenges targeting patents owned by companies run by billionaire Patrick Soon-Shiong that are suing the bank in California federal court.
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October 18, 2024
Timeshare Co. Preyed On Fla. Servicemember, High Court Told
A Florida U.S. Army soldier and his wife petitioned the U.S. Supreme Court on Friday to review their case against Bluegreen Vacations Unlimited Inc., disputing that his contract isn't legal under the Military Lending Act because the company used predatory tactics to sell him a timeshare.
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October 18, 2024
Ill. Justices Find Broad COVID Immunity For Health Facilities
The Illinois Supreme Court on Friday read broad immunity into an emergency order that immunized healthcare facilities aiding the state's COVID-19 response, saying the order shields those facilities from ordinary negligence claims during that time, not just ones directly relating to their pandemic care.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
Fed. Circ. Says HUD Owes No More For Canceled Contracts
The Federal Circuit on Friday refused to grant a U.S. Department of Housing and Urban Development contractor costs and damages for the cancelation of contracts to sell foreclosed properties, saying HUD owed no more than the contractual minimums already paid.
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October 18, 2024
Tech Cos. Ask 9th Circ. To Skip DMCA Probe In GitHub IP Suit
Microsoft, GitHub and OpenAI have told the Ninth Circuit to rebuff an interlocutory appeal petition from a group of anonymous software developers who want clarity on whether the Digital Millennium Copyright Act requires an infringing copy to be identical to the original to claim a DMCA violation, saying the injury the group alleges is theoretical.
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October 18, 2024
Fed. Circ. Won't Question Reviving Vascepa Skinny Label Row
The Federal Circuit has said the full appellate court will not rethink a panel's decision reinstating Vascepa maker Amarin Pharma Inc.'s skinny label patent case against rival U.K. drugmaker Hikma.
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October 18, 2024
5th Circ. Partially Upholds $2M Win In Hurricane Coverage Suit
The Fifth Circuit has upheld in part a Louisiana church's more than $2 million judgment win against an insurer that was accused of not paying enough for the church's hurricane damage claims.
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October 18, 2024
5th Circ. Won't Revive Immigrant Investors' RICO Suit
The Fifth Circuit refused to revive a Racketeer Influenced and Corrupt Organizations Act lawsuit brought by foreign investors who claim they were offered fraudulent franchise opportunities in the United States as a way to obtain residency visas, finding that the plaintiffs didn't allege a cognizable enterprise.
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October 18, 2024
1st Circ. OKs Prosecution Of Alleged Illicit Medical Pot Grow
The First Circuit has determined that the federal prosecution of two Mainers accused of running an unlawful marijuana cultivation operation can continue despite a federal policy that bans the U.S. Department of Justice from bringing cases against medical cannabis entities.
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October 18, 2024
Ohio High Court Restores Developer's FHA Penalty Suit
The Ohio Supreme Court has revived a developer's attempt to recoup some of a Fair Housing Act penalty from franchisees who built inaccessible multifamily housing, finding Friday the lower courts jumped the gun when they found the developer's claims were preempted by the FHA.
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October 18, 2024
Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal
The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.
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October 18, 2024
Feds Defend Bribery Charge Against NYC Mayor Adams
Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.
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October 18, 2024
AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits
In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.
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October 18, 2024
High Court Bar's Future: Solicitor General Elizabeth Prelogar
U.S. Solicitor General Elizabeth B. Prelogar is a once-in-a-generation talent who uses her seemingly endless knowledge of case facts and related law — along with her quick wit — to routinely spar with an often antithetical U.S. Supreme Court over some of the most consequential issues in a given term, experts and court watchers say.
Expert Analysis
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days
In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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High Court's Expert Ruling May Help Health Fraud Defendants
The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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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.