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Appellate
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September 19, 2024
10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea
The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.
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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.
Expert Analysis
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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.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Why Justices Should Rule On FAA's Commerce Exception
The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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FLSA Conditional Certification Is Alive And Well In 4th Circ.
A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.
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7th Circ. Exclusion Ruling Will Narrow BIPA Coverage
The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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1st Gender Care Ban Provides Context For High Court Case
The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Series
After Chevron: Uniform Tax Law Interpretation Not Guaranteed
The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Colo. Ruling Adopts 'Actual Discharge' Test For The First Time
After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.