Try our Advanced Search for more refined results
Appellate
-
August 08, 2024
9th Circ. Revives Negligence Claims In Uber Sex Assault Suit
The Ninth Circuit on Thursday revived a woman's negligence claim against Uber Technologies Inc. over her sexual assault by a suspended driver, saying the company had a duty of care because it contributed to the situation that led to her being assaulted.
-
August 08, 2024
Migrant Can't Show 1st Circ. That Attacks Weren't Personal
A man who left his native Guatemala after a 2010 car explosion and wedding attack couldn't convince the First Circuit to revive his asylum application, unable to show that the perpetrators of the attack had targeted him due to his family.
-
August 08, 2024
Texas Acts Like It Has 5th Circ. In 'Back Pocket,' Judge Says
U.S. District Judge David Ezra accused a Texas state attorney of misleading the Fifth Circuit by hinting that he may ignore the appellate court's decision to overrule his order for the state to move a barrier deterring migrants from crossing the Rio Grande.
-
August 08, 2024
2nd Circ. Won't Rethink Decision On 'Short-Swing' Profits
The Second Circuit won't reconsider its decision to revive a lawsuit against hedge fund Raging Capital Management LLC over claims that it improperly made $5 million in short-swing profits as a corporate insider of retailer 1-800-Flowers.
-
August 08, 2024
'Unclean Hands' Doom Colo. Dispute Over Cannabis Biz Sale
A Colorado state appeals court on Thursday affirmed the dismissal of a dispute over the sale of a cannabis business, saying the would-be buyer can't pursue its claims because the sale agreement was an illegal attempt to get around the state's licensing laws.
-
August 08, 2024
11th Circ. Affirms OK Of $188M Award Against Venezuelan Co.
The Eleventh Circuit on Thursday enforced a $188 million arbitral award issued to a British Virgin Islands commodities firm, ruling in a published opinion that a Venezuelan state-owned mining firm's corruption arguments wrongly took aim at an underlying contract, rather than the award itself.
-
August 08, 2024
Equifax Not Responsible For Mortgage Denial, 7th Circ. Rules
A split Seventh Circuit on Wednesday refused to revive an Illinois woman's suit claiming she was denied a mortgage because Equifax didn't accurately report her credit history, finding Equifax could not be held liable for errors in another company's report combining data from all three major credit bureaus.
-
August 08, 2024
No Private Right To Sue After 'Total Loss,' Colo. Panel Says
Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.
-
August 08, 2024
Real Estate Agents Not Liable In Death Suit, Ga. Court Says
The Georgia Court of Appeals said for the first time that real estate brokers or agents could be held responsible for injuries sustained by visitors during property showings, just not in the case of a man suing over his wife's deadly fall in 2019.
-
August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
-
August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
-
August 08, 2024
Apple Wins Bid For 2 Trials In IP Dispute With Masimo
A California federal judge will hold separate trials on Masimo Corp.'s trade secrets and patent claims over the Apple Watch, siding with Apple Inc. and rejecting Masimo's request for one later trial on all the issues, in a case with potentially billions of dollars at stake.
-
August 08, 2024
Nat'l Business Groups Sound Off Against Colo. Climate Case
The U.S. Chamber of Commerce and National Association of Manufacturers are urging the Colorado Supreme Court to block the county and city of Boulder from pursuing state law claims aiming to hold Exxon Mobil Corp. and Suncor subsidiaries liable for climate change harms.
-
August 08, 2024
11th Circ. Vacates Man's Denaturalization Over Drug Offense
An Eleventh Circuit panel unanimously threw out a district court ruling denaturalizing a man who became a U.S. citizen over his participation in a drug conspiracy, finding he should not be precluded from litigating the issue and arguing that his participation began after he became a citizen.
-
August 08, 2024
Ga. City Argues Immunity In $33M Yale Student Death Suit
An attorney for the city of Milton urged the Georgia Court of Appeals on Thursday to reverse the denial of its request for judgment notwithstanding a $33 million verdict over the death of a Yale University student whose car crashed into a roadside planter, arguing the city had sovereign immunity.
-
August 08, 2024
Drilling Permit Suit Must Be Revived, Enviro Orgs. Tell DC Circ.
Conservation groups are defending their standing to challenge federal approvals of thousands of drilling permits in New Mexico and Wyoming, telling the D.C. Circuit that they have pressed specific allegations showing that the drilling would harm the environment and their members.
-
August 08, 2024
Apollo Stockholder Suit Held Until Del. Justices Hear Moelis
Both sides in a Delaware Court of Chancery challenge to an Apollo Global Management Inc. stockholder agreement adopted in 2022 have agreed to a litigation pause, citing the import of a possible Delaware Supreme Court appeal targeting a case that upended state corporate law on similar pacts.
-
August 08, 2024
Insurer Utica Off Hook In High-End Leather Goods Dispute
Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.
-
August 08, 2024
States, Industry Back High Court Review Of Calif. Waiver
The U.S. Chamber of Commerce, American Petroleum Institute and a group of states led by Iowa are urging the U.S. Supreme Court to reverse the federal government's decision to continue to allow California to set its own vehicle emissions programs.
-
August 08, 2024
Conservative Activists Push To Ax Robocall Election Charges
Two conservative activists being prosecuted in Michigan for robocalls aimed at discouraging mail-in voting have told an appellate court that their criminal charges must be tossed under the Michigan Supreme Court's recent interpretation of a voter interference law.
-
August 08, 2024
Where Judicial Vacancies Stand As Congress Is In Recess
The U.S. Senate doesn't return for about a month, but when it does, Democrats will be on the final sprint to try to top the 234 judges confirmed in former President Donald Trump's first term.
-
August 08, 2024
Fla. Judge Dismisses Sex Abuse Suit, Blaming Lies By Atty
A Florida state judge has thrown out a suit by a Palm Beach real estate developer's daughter who alleges her father sexually abused her, ruling that her attorney's misrepresentations about an expert and why he withdrew from the case are fraud against the court.
-
August 08, 2024
Ga. Appeals Court Candidate Loses Election Challenge
A Georgia superior court judge has rejected an attorney's bid to overturn the results of a state appeals court election she lost, saying her claims were already resolved when the secretary of state made a preelection decision that her opponent was qualified to run and her subsequent appeal of that ruling was denied.
-
August 08, 2024
Mass. Justices Toss Conviction Over 'Vague' Jailhouse Bribe
Massachusetts' top court on Thursday vacated a man's witness intimidation conviction based on "vague and amorphous" promises he made during jailhouse phone calls with his fiancée that prosecutors claimed were bribes.
-
August 08, 2024
Willis Defends Staying On Trump's Ga. Election Case
Georgia prosecutors have pushed back against former President Donald Trump's request for appellate intervention in his election interference case, arguing District Attorney Fani T. Willis doesn't have a conflict of interest and Trump failed to persuade the trial court that she had a conflict due to a relationship with a former outside counsel.
Expert Analysis
-
Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors
Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.
-
Why Employers Shouldn't Overreact To Protest Activities
Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.
-
Devil's In The Details On FDCPA, Article III Standing
The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.
-
11th Circ. Ruling May Foreshadow Ch. 15 Clashes
The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.
-
What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
-
Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
-
TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
-
A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
-
What A Louisiana Ruling Means For Pipeline Crossings
After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.
-
Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
-
Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
-
Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.
-
Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
-
E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
-
What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.