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Appellate
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September 19, 2024
8th Circ. Says No Detention Time Limit For Deportees
The Eighth Circuit has ruled that a district court wrongly determined that the due process rights of an Ivory Coast native convicted of robbery were violated after he spent a year in federal custody waiting for a removal decision.
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September 19, 2024
Wash. Justices Strike Down County's Rural Winery Regs
The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.
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September 19, 2024
Ill. High Court Says Pot Smell Not Grounds For Vehicle Search
Illinois's highest court on Thursday ruled that the smell of burned marijuana does not constitute grounds for a warrantless vehicle search, given that the state legalized recreational marijuana prior to the traffic stop.
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September 19, 2024
GM Asks Full 6th Circ. To Rehear Truck Emissions Fraud Suit
General Motors LLC is asking the full Sixth Circuit for an en banc rehearing of a split decision that revived state law claims from four plaintiffs who alleged that GM misleadingly marked Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they were.
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September 19, 2024
Publishers Back Music Companies' Bid To Restore $1B Win
Organizations that represent music publishers and songwriters urged the U.S. Supreme Court on Thursday to review a Fourth Circuit ruling that scrapped a $1 billion jury verdict against Cox Communications Inc. for ignoring online piracy, saying the three-judge appeal panel's conclusion "effectively immunizes internet service providers" from vicarious liability.
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September 19, 2024
Ga. Appeals Court Says Hospital Must Get Certificate Of Need
The Georgia Court of Appeals for the second time has said that a Georgia hospital must obtain a new certificate of need from the state to convert its long-term care beds to short-stay acute care beds, following guidance issued by the state's justices earlier this year.
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September 19, 2024
6th Circ. Upholds NLRB's Severance Order Against Hospital
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.
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September 19, 2024
Pa. Justices Cement Dismissal Of Ballot Date Rule Challenge
The Pennsylvania Supreme Court headed off voting-rights groups' effort to quickly revive a challenge to state rules for signing and dating mail-in ballots, clarifying Thursday that a statewide court would still lack jurisdiction even if the challengers added all 67 counties to the case.
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September 19, 2024
Ch. 7 Trustee Urges Justices To Uphold Return Of Taxes
The bankruptcy trustee of a defunct Utah transportation company warned the U.S. Supreme Court on Thursday that overturning a decision forcing the IRS to return tax payments made by company directors to cover their personal debts would encourage shareholder fraud.
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September 19, 2024
Conn. Justices Seem Open To Child Bond Claims In Injury Suit
Two Connecticut Supreme Court justices on Thursday seemed open to allowing parents to seek a new legal remedy for the impairment of their relationship with a child, with one justice observing that compensable losses aren't limited to "obligatory functions" under the state's existing tort law.
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September 19, 2024
Union Pacific Contractors Again Escape Texas Enviro Claims
A Texas appeals court on Thursday affirmed a trial court's decision to dismiss without prejudice the claims scores of people lodged against two Union Pacific Railroad Co. contractors in their litigation over cancer-causing contamination related to a Houston rail yard.
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September 19, 2024
Insurance Mogul Takes $166M Arbitration Loss To 4th Circ.
Convicted insurance mogul Greg Lindberg is looking to overturn a $166 million arbitral award favoring defunct Dutch life insurer Conservatrix after a North Carolina federal judge found the proceedings were conducted fairly.
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September 19, 2024
5th Circ. Says Deported Honduran Wrongly Deemed A Felon
The Fifth Circuit has vacated the removal order of a Honduran woman charged as an accessory to an armed robbery, finding that the Louisiana statute she was deported under for an aggravated felony doesn't align with the federal definition of the removable offense of obstruction of justice.
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September 19, 2024
Fla. Panel Backs Simon Option On Closed Boca Raton Sears
A split Florida appeals court has sided with Simon Property Group in backing a trial court ruling that the owner of a Boca Raton mall has a right to buy a vacant Sears store after Seritage Growth Properties pitched a redevelopment plan out of line with a 1980s easement.
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September 19, 2024
EPA Urges DC Circ. Not To Block Coal Ash Rule Implementation
A Kentucky electric utility is "misleading" the D.C. Circuit about how clean former coal ash pits are once the material is removed, and should not be allowed to block implementation of a new coal ash rule, the U.S. Environmental Protection Agency said Wednesday.
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September 19, 2024
Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug
A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.
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September 19, 2024
Ohio Panel Says Landfill Death Suit Shouldn't Be Thrown Out
A split Ohio state appeals court has revived a wrongful death suit brought against waste management firm Rumpke Sanitary Landfill Inc. over a tree on its land that fell and killed a motorist passing a landfill, with one judge saying the company can't be held liable and another calling for new standards.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Conn. Justices Wonder How 'Malicious' Firm's Ex-Client Was
The Connecticut Supreme Court on Thursday questioned whether an ex-McCarter & English LLP client was "wanton" and "malicious" enough to justify the firm's novel $3.6 million punitive damages bid in a protracted billing dispute that has already fetched the firm judgments totaling more than $2 million on contract claims.
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September 19, 2024
New NJ Senator Seeks Postelection Vote On 3rd Circ. Nominee
New Jersey's new U.S. senator, freshly sworn-in Democrat George Helmy, hopes the Senate will vote after the election on the long-stalled nomination of Adeel Mangi to the Third Circuit, which includes his state.
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September 19, 2024
7th Circ. Asks If Law School Should Be 'Safe Space'
Seventh Circuit judges considering a retaliation suit from a University of Illinois Chicago Law School professor who used a racist slur in an exam hypothetical asked Thursday if law schools should really be a "safe space" shielding students from the kind of "horrific facts" courts deal with regularly.
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September 19, 2024
Feds Defend At-Sea Monitoring Rule Despite Chevron Demise
The federal government is defending its power to require fishermen to partially fund the cost of compliance monitors aboard their ships, arguing to the D.C. Circuit that the demise of the so-called Chevron deference doesn't change the fact that federal law authorizes the at-sea monitoring rules.
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September 19, 2024
Calif. Panel Rejects Malpractice Claim In Ambulance Crash Suit
A California appeals panel won't revive a woman's legal malpractice suit against her former attorney stemming from an ambulance crash suit that was filed too late, finding she also filed the malpractice suit outside the one-year statute of limitations.
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September 19, 2024
Mich. Judge Can't End Probe Over Alleged Lies
Michigan's judicial misconduct watchdog on Wednesday rejected a recommendation to dismiss an ethics probe of a Detroit judge accused of lying to investigators about another judge's alleged misconduct, finding that a public hearing is necessary to determine the merits of the case.
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Differences In Enforcing Oral Settlements In NJ And Pa.
New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.
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Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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Series
After Chevron: Impact On CFPB May Be Limited
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo is likely to have a limited impact on the Consumer Financial Protection Bureau's regulatory activities, and for those who value due process, consistency and predictability in consumer financial services regulation, this may be a good thing, says John Coleman at Orrick.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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Accidental Death Ruling Shows ERISA Review Standard's Pull
The Eleventh Circuit’s recent accidental death insurance ruling in Goldfarb v. Reliance Standard Life Insurance illustrates how an arbitrary and capricious standard of review in Employee Retirement Income Security Act denial-of-benefits cases creates a steep uphill battle for benefit claimants, says Mark DeBofsky at DeBofsky Law.
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Critical Questions Remain After High Court's Abortion Rulings
The U.S. Supreme Court's decisions in two major abortion-related cases this term largely preserve the status quo for now, but leave federal preemption, the Comstock Act and in vitro fertilization in limbo, say attorneys at Jenner & Block.