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Appellate
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November 04, 2024
Farm Asks 4th Circ. To Undo $2.5M Severed-Foot Verdict
A North Carolina farm and four of the family members who run it urged the Fourth Circuit to undo a $2.5 million verdict in favor of a former worker whose foot was severed by a grain silo auger, arguing that the trial judge was wrong to say the evidence supported the jury's decision.
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November 04, 2024
Conn. Justice Warns Against 'Amelia Bedelia' Tax Law Reading
Whether a Connecticut judge properly restored a batch of tax appeals after dismissing them could center on the meaning of the word "may," a state Supreme Court justice said Monday, while also cautioning against an "Amelia Bedelia" approach to statutory construction, citing a children's book character known for her hyper-literalism.
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November 04, 2024
Religious Groups Want 5th Circ. To Toss FCC Diversity Form
Religious broadcasters are asking the Fifth Circuit to step in and stop the Federal Communications Commission from making them turn in diversity data, a recently reinstated policy that they say tramples on their First Amendment rights and pressures them to "engage in race- and sex-conscious employment decisions."
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November 04, 2024
Justices Won't Hear UBS Suit Over Disclosed Account Info
The U.S. Supreme Court declined Monday to hear a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service in violation of civil provisions under the Racketeer Influenced and Corrupt Organizations Act.
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November 04, 2024
Justices Remand Atty Privilege Case After Judge Admits Gaffe
The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.
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November 04, 2024
Suspended Fla. Atty Seeks Leniency Over Missing Precedent
A suspended Florida attorney has urged the Florida Supreme Court to reduce the punishment it doled out last month, including a one-year suspension of his law license, arguing that the state Supreme Court's decision "cites no precedent," so it should use its discretion to hand out lesser sanctions.
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November 04, 2024
Colo. Urges Appeals Court To Toss Netflix Sales Tax Ruling
Netflix subscriptions in Colorado are tangible personal property subject to sales tax under long-standing state law, the state tax department told an appeals court, urging it to reverse a trial court ruling.
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November 04, 2024
Atty Moves To Oust DA Who Cleared Cops In Brother's Death
A Littler Mendelson PC shareholder's effort to remove the Massachusetts district attorney who absolved officers in the 2021 fatal shooting of his brother left justices on the state's highest court grappling with the reach of a seldom-used state statute allowing them to oust government officials for "the public good."
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November 04, 2024
Justices Say Gov't Can Join Oral Arguments In $47M TM Case
The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.
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November 04, 2024
Ford Gets New Trial In $1.7B Rollover Case In Georgia
The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."
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November 04, 2024
Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule
Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.
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November 04, 2024
Justices Skip TM Challenge To BofA's Virtual Assistant 'Erica'
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that found Bank of America Corp. did not infringe a movie website owner's trademark with its virtual financial assistant "Erica."
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November 04, 2024
Justices To Review 30-Day Appeal Window In Removal Case
The U.S. Supreme Court on Monday accepted a case that could resolve a circuit split on whether noncitizens with final removal orders must appeal to courts within 30 days of the order, or 30 days after administrative appeals conclude.
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November 04, 2024
Justices Will Review Use Of Race In La.'s Election Map
The U.S. Supreme Court agreed Monday to hear arguments over the constitutionality of Louisiana's new congressional map containing two majority-Black voting districts, in a dispute that asks the justices to harmonize the Voting Rights Act's objectives with the language of the 14th Amendment's equal protection clause.
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November 04, 2024
Justices Nix Ex-Adviser's Manifest Disregard Challenge
The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.
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November 04, 2024
Justices Won't Take Up ESOP Trustee's Push For Arbitration
The U.S. Supreme Court refused on Monday to take up fiduciary services provider Argent Trust Co.'s challenge to a Second Circuit decision blocking arbitration of a proposed class action from workers who said they were overcharged in a $242 million stock deal.
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November 04, 2024
Supreme Court Won't Hear Apache's Mining Regs Dispute
The U.S. Supreme Court will let stand a ruling that sides with a state environmental agency's decision to let a copper mining company discharge untreated wastewater into a creek that's considered sacred to an Arizona Indigenous community.
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November 01, 2024
Pa. High Court Says Undated Ballots Still Won't Count Nov. 5
The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.
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November 01, 2024
Meet The Attys Arguing Meta's High Court Disclosure Suit
Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.
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November 01, 2024
COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms
A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Chicago Judge Erred After Illness Sidelined Atty, Court Says
An Illinois appeals court has scrapped a $480,000 judgment against a now-shuttered Chicago restaurant for unpaid rent following the COVID-19 pandemic, finding that a county judge erred by refusing to delay the trial even though the restaurant's counsel had a medical emergency, which left the restaurant without legal representation.
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November 01, 2024
DC Circ. Urged To Uphold Veto Of Fla. Dredge Program
A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.
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November 01, 2024
Georgia Court Tosses Suit Over Neighbor's Failed Fire Rescue
A Georgia appeals court on Friday tossed a suit seeking to hold a homeowner liable for burn injuries suffered by her neighbor when he unsuccessfully tried to rescue the woman's husband from a burning work shed, saying there is no evidence that the homeowners negligently started the fire.
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November 01, 2024
4th Circ. Raises Arbitral Finality In Kuwaiti Contractor Case
A Fourth Circuit panel appeared unlikely on Friday to disturb a ruling enforcing an approximately $8 million arbitral award against a Kuwaiti construction company based on an argument that the lower court wrongly interpreted a statutory deadline.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Anticipating Jarkesy's Effect On Bank Agency Enforcement
Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.