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Appellate
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July 15, 2024
JetBlue-Spirit Flyers Seek $20M Atty Fees Following DOJ Win
The private plaintiffs who challenged the failed JetBlue-Spirit merger asked a Massachusetts federal judge to award their counsel at least $20 million in fees, saying they "substantially contributed" to the U.S. Department of Justice successfully squashing the deal and are the prevailing party in their case.
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July 15, 2024
Bannon Wants Full DC Circ. To Revisit Contempt Conviction
Ex-Trump White House aide Steve Bannon asked the D.C. Circuit on Monday for an en banc rehearing as he seeks to overturn his contempt of Congress conviction, saying a three-judge panel's determination that he "willfully" flouted a subpoena from the Jan. 6 House select committee ignored U.S. Supreme Court precedent.
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July 15, 2024
9th Circ. Says Filmmaker's Son Took Too Long To Probe Fraud
The Ninth Circuit has affirmed a lower court order confirming an $8.7 million arbitral award in a long-running family dispute over a prominent Mexican film producer's film collection, saying the producer's son waited years too long to probe whether his siblings fraudulently tainted the award.
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July 15, 2024
Detroit Must Face Bus Rider's Injury Suit, Mich. Panel Says
The city of Detroit can't escape a lawsuit claiming one of its bus drivers intentionally hit the brakes in an effort to injure a passenger she was arguing with, causing injuries to another commuter, a Michigan appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to governmental immunity.
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July 15, 2024
10th Circ. Rejects Okla. Title X Funding Cut Challenge
A Tenth Circuit panel on Monday rejected Oklahoma's challenge to federal cuts of its Title X funding over the state's refusal to provide referrals for abortions, affirming it was likely the state knowingly and voluntarily accepted the Department of Health and Human Services' requirements for the grant funding.
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July 15, 2024
La., Miss. Utility Regulators Launch FERC Grid Policy Fight
Louisiana and Mississippi utility regulators called on the Fifth Circuit on Monday to review the Federal Energy Regulatory Commission's sweeping overhaul of how major electric transmission projects are planned and paid for.
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July 15, 2024
'Hard To Imagine' Logic For Late Injury Evidence, Justice Says
A Dallas County jury will hear a dispute between an apartment complex and a resident who alleges she was injured after a 2015 carbon monoxide leak, despite the late disclosure of evidence, justification for which the Texas Supreme Court said was "hard to imagine."
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July 15, 2024
JD Vance's Wife Leaves Munger Tolles As Campaign Launches
Usha Chilukuri Vance, the wife of vice presidential candidate J. D. Vance, has resigned as a litigator at Munger Tolles & Olson LLP, her now-former law firm told Law360 on Monday afternoon, presumably to trade her Washington, D.C.- and San Francisco-based litigation career for the campaign trail.
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July 15, 2024
Monsanto Doubles Down In Push To Undo $82M PCB Verdict
Monsanto has urged a Washington state appeals court to toss an $82 million jury verdict awarded over polychlorinated biphenyls exposure at a school, saying the findings by the same court in a similar case should apply.
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July 15, 2024
GM Eyes Deal In Design Patent Fight At PTAB
LKQ Corp. and General Motors Co. are looking to come to a deal to settle a legal dispute over GM's design patent covering fenders at the Patent Trial and Appeal Board.
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July 15, 2024
Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability
The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.
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July 15, 2024
Gun Mags Are Not 'Arms' Under Constitution, Wash. AG Says
Washington's attorney general is urging the state Supreme Court to uphold a ban on sales of large-capacity magazines for firearms, arguing on Friday that the ammunition devices are not arms deserving of constitutional protection.
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July 15, 2024
3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws
The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."
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July 15, 2024
Towers Watson Asks 4th Circ. To Find Merger Dispute Covered
Towers Watson's insurers must pay out $54 million in remaining directors and officers coverage to help fund a $75 million settlement in a shareholder suit over the company's merger with Willis, Towers Watson told the Fourth Circuit, saying a so-called bump-up exclusion does not apply.
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July 15, 2024
9th Circ. Won't Review Toss Of Youths' Climate Case
The Ninth Circuit has rejected youth plaintiffs' request for an en banc rehearing of a May ruling that dismissed their climate change suit against the U.S. government.
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July 15, 2024
4th Circ. Rejects Couple's $5.1M Easement Deduction
The Fourth Circuit rejected Monday a married couple's bid to revive a claimed $5.1 million conservation easement deduction, saying it represented a "remarkable" attempt to inflate the value of a 41-acre property that was worth just $652,000 the year before they donated it.
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July 15, 2024
Mogul's Co. Drops Bid To Stop Insurer's Liquidation
A company owned by convicted insurance mogul Greg Lindberg wants to end a fight against North Carolina's liquidation of an insurer, saying that it desires to withdraw its case in the state Court of Appeals.
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July 15, 2024
NHTSA Fuel Economy Suits Consolidated In 6th Circ.
Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.
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July 15, 2024
4th Circ. OKs No Hardship Finding In Mexican Man's Removal
A Fourth Circuit panel on Monday rejected a petition from a Mexican citizen seeking to halt his removal from the United States, ruling that the Board of Immigration Appeals was right to find that his petition fell short of the extreme hardship standard necessary to prevent removal.
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July 15, 2024
Split 2nd Circ. Nixes Surgeon's Default In Sex Assault Case
A split panel of the Second Circuit said a Connecticut surgeon should have been fully freed from the default judgment against him in a sex assault suit after a jury concluded his accuser failed to prove the assault happened, with one judge dissenting Monday that parts of the default ruling should remain.
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July 15, 2024
North Carolina Cases To Watch In 2024: A Midyear Report
The second half of 2024 will see the North Carolina Business Court tackle media rights in one of the country's largest collegiate athletic conferences while state justices weigh the scope of hospital immunity under the Tar Heel State's COVID-19 emergency law.
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July 15, 2024
Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024
A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.
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July 15, 2024
8th Circ. Revives Cop's Biased Transfer Suit After Muldrow
The Eighth Circuit reinstated a St. Louis police officer's suit alleging he was reassigned to a different unit for being straight, reversing its prior decision affirming the dismissal of his suit following a U.S. Supreme Court order loosening requirements the circuit placed on Title VII discrimination claims.
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July 15, 2024
DC Circ. Won't Rethink Revived DOJ Realtor Antitrust Probe
The D.C. Circuit won't reconsider a ruling that allowed the U.S. Department of Justice to reopen an investigation into certain rules and policies of the National Association of Realtors, rejecting the trade group's request that the court correct "far-reaching and exceptionally important" legal errors.
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July 15, 2024
Neoprene Maker Tells 5th Circ. Louisiana Can Stall EPA Rule
A Louisiana neoprene manufacturer is asking the Fifth Circuit to affirm a state regulator's decision to grant the company a two-year extension to comply with a final chemical emissions rule issued by the U.S. Environmental Protection Agency.
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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High Court's Abortion Pill Ruling Shuts Out Future Challenges
The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Justices' Bump Stock Ruling Skirted Deference, Lenity Issues
Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Next Steps After 5th Circ. Nixes Private Fund Adviser Rules
The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.