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Featured
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 19, 2024
Calif. Justices Revive Row Over State Farm's Claims Handling
California's Supreme Court revived a policyholder's case over State Farm's claims-handling practices, reversing an appeals court decision and agreeing with the state's attorney general that California's statute of limitations on unfair competition actions, not the policy or insurance code, governed the timing of the case.
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July 19, 2024
Mich. Driver's Providers Can't Obtain PIP Benefits, Panel Says
Medical providers who treated a man injured in a car crash and were assigned his insurance rights cannot recover personal injury protection benefits from a Nationwide unit, a Michigan state appeals court ruled, citing the man's failure to secure statutorily required no-fault insurance.
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July 19, 2024
What The End Of Chevron Means For FTC Rulemaking
Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.
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July 19, 2024
9th Circ. Says Fueling Planes Is Arbitration-Exempt Work
The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.
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July 19, 2024
Signature Gatherers Must Comply With Mich. Election Law
A Michigan appellate panel said in a published opinion that petition signature gatherers must strictly comply with state election law, finding that the gatherers' failure to identify their town of residence rendered invalid every signature on petitions seeking to put a referendum question regarding a solar energy ordinance on the ballot.
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July 19, 2024
Mich. Panel OKs Nonresidents To Seek No-Fault Tort Damages
Nonresidents of Michigan or individuals whose vehicles aren't registered in Michigan can still recover tort damages for their in-state auto injuries under Michigan's no-fault insurance law, a state appeals court ruled, even if they violate a statute requiring proper no-fault insurance if they stay in Michigan for over 30 days.
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July 19, 2024
NJ Towns Not Liable For Water Contaminants, Panel Rules
A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.
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July 19, 2024
Calif. Alice Invalidations Block Koss' PTAB Appeal At Fed. Circ.
The Federal Circuit on Friday said it won't review whether the Patent Trial and Appeal Board rightfully invalidated some claims of Koss Corp.'s wireless earphone patents, as the patents were definitively invalidated in California.
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July 19, 2024
Knitting Co. Tells NC Justices Ex-CEO Can't Shirk $3M Verdict
A high-speed knitting machine manufacturer is looking to defend a $3 million trial victory against its onetime CEO who was fired for self-dealing, telling the North Carolina Supreme Court that he failed to preserve many of the arguments he now makes on appeal before the lower court.
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July 19, 2024
DC Circ. Won't Block EPA Power Plant Emissions Rule
The D.C. Circuit refused Friday to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying challengers haven't shown they're likely to succeed in overturning the regulations.
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July 19, 2024
A Guide To The USPTO's Long List Of Requests For Comment
The U.S. Patent and Trademark Office has kept attorneys busy this year by seeking input on numerous patent issues and proposed rules. Here's a cheat sheet to the topics where feedback has been collected, from fee hikes to director reviews, and those with upcoming comment deadlines, including artificial intelligence.
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July 19, 2024
Zimbabwe Can't Dodge $50M Mining Award, DC Circ. Told
Zimbabwe can't leverage sovereign immunity to get out of paying a $50 million arbitration award over a soured joint mining venture, two Mauritian mining companies told the D.C. Circuit, saying that a trial court judge was right to permit their enforcement suit to move forward.
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July 19, 2024
NLRB Drops Challenge To Joint Employer Rule Vacatur
The National Labor Relations Board dropped its appeal of a Texas federal judge's decision vacating its rule expanding its definition of joint employer under federal labor law, saying it wants to consider its approach to the policy in light of the court's decision.
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July 19, 2024
Tweeting Holdout Ga. Juror's Removal Demands New Trial
The Georgia Court of Appeals on Thursday ordered a new trial for a man convicted of child molestation, ruling that the trial judge wrongly replaced a holdout juror even though he'd described himself on social media as "walking grounds for a mistrial."
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July 19, 2024
FTC Says Microsoft Price Hike Shows Activision Deal Harm
The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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July 19, 2024
NJ Justices To Review Ban On Out-Of-State Atty Referral Fees
The New Jersey Supreme Court will review an ethics advisory opinion that would ban Garden State-certified attorneys from paying referral fees to out-of-state attorneys, according to court orders filed Thursday.
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July 19, 2024
2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit
A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 19, 2024
1st Circ. Says Refugee's Evidence Of Persecution Was Ignored
A refugee facing removal for firearm offenses has another chance at staying in the U.S., as the First Circuit found an immigration judge failed to consider whether his family was persecuted while escaping Liberia during a genocide.
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July 19, 2024
Jury Finds Gibson The Rightful Owner Of Liberace Piano
A Boston federal jury on Friday affirmed Gibson Guitars' right to have Liberace's bedazzled 9-foot-long grand piano returned to it from a Massachusetts piano store to which it loaned the entertainer's iconic instrument more than a decade ago.
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July 19, 2024
Rising Star: BCLP's Barbara A. Smith Tyson
Barbara A. Smith Tyson of Bryan Cave Leighton Paisner LLP claimed wins in two First Amendment cases involving Courthouse News Service and successfully convinced the Kansas Court of Appeals to dismiss personal injury claims accusing Walmart of administering a COVID-19 vaccine to a 15-year-old girl without parental consent, earning her a spot among the appellate attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 19, 2024
Draft Constitutional Amendment Would Ax Trump Immunity
Sen. Mazie Hirono, D-Hawaii, a member of the Senate Judiciary Committee, on Friday released a draft of a constitutional amendment that would ensure no one is above the law, following the U.S. Supreme Court's ruling that former President Donald Trump has immunity from official acts as president.
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July 19, 2024
Fed. Circ. Says Atty's Fee Appeal Too Early In Benefits Dispute
The Federal Circuit declined to reinstate an attorney's lawsuit seeking more than $38,000 in fees for his work representing a veteran in a benefits dispute with the U.S. Department of Veterans Affairs, saying it can't yet rule on whether the attorney was wrongly denied the money.
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July 18, 2024
5th Circ. Remands ESG Rule Row Citing Chevron's End
The Fifth Circuit on Thursday instructed a Texas federal court to reconsider a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, pointing to recent U.S. Supreme Court rulings that have "upended" the legal landscape.
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
Editor's Picks
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How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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DC Circuit Cases To Watch In 2024
As the D.C. Circuit heads into 2024, its judges are poised to answer hotly anticipated political questions about former President Donald Trump and his allies, as well as a number of Federal Energy Regulatory Commission cases that could determine the future of certain natural gas projects.
Expert Analysis
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term are independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Challenging Prosecutors' Use Of Defendants' Jail Phone Calls
Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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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.