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Appellate
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July 03, 2024
Contentious Ala. Gender Care Case Partly Paused
Favoring "judicial efficiency," an Alabama federal court has partially granted the Biden administration's opposed motion to stay a case challenging the state's ban on gender-affirming healthcare for transgender youth while the U.S. Supreme Court reviews a similar Tennessee ban, though some briefing, including for summary judgment, was permitted to proceed.
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July 03, 2024
Google Defeats Online Media Patent Suit At Fed. Circ.
A Federal Circuit panel on Wednesday backed Google LLC's win in a California federal suit accusing it of infringing patents on creating layered web-based communications like ads and websites.
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July 03, 2024
9th Circ. Says Carjacking Is Not Reason For Removal
The Ninth Circuit has ruled the 2006 carjacking conviction of a Salvadoran immigrant isn't enough to deport him because carjacking alone "is not a categorical crime of violence" under federal law.
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July 03, 2024
Ohio Ambulance Co. Keeps Win In Air Horn Injury Suit
An Ohio state appeals panel has affirmed a jury verdict in favor of Emergency Medical Transport Inc. in a suit by a woman who alleges her hearing was damaged by an air horn on one of its ambulances, saying a dispute over whether EMT's own ambulance indeed caused the injury was what ultimately blocked the jury instruction she wanted.
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July 03, 2024
Mich. Justices Skip Dinsmore Ex-Client's Malpractice Appeal
Michigan's top court won't review a ruling dismissing a cannabis company's lawsuit against Dinsmore & Shohl LLP that alleged the firm reneged on an agreement to help the company apply for a dispensary license hours before the paperwork was due.
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July 03, 2024
DLA Piper Adds McGuireWoods' Downtown LA Shop Lead
McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.
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July 03, 2024
Mass. Court Partially Revives Trooper's Bias Suit
An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.
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July 03, 2024
1st Circ. Hands Hearing Loss Biotech Win In Stock-Drop Suit
A panel of the First Circuit declined to revive an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying there was no evidence the company had knowingly made false statements about the trial.
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July 03, 2024
NC Appeals Court OKs Hospital's 'Facility Fees' For ER Patient
The North Carolina Court of Appeals has found that Novant Health was allowed to charge an emergency room patient "facility fees" because a contract she signed for healthcare included language requiring payment for anything not covered by insurance.
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July 03, 2024
2nd Circ. Overturns Enforcement Of $2B In Venezuelan Bonds
The Second Circuit on Wednesday overturned the enforcement of nearly $2 billion in defaulted bonds issued by Venezuela's state-owned oil company, following a ruling from New York's highest court that Venezuelan law, not New York law, governs the validity of the bonds.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Data Breach Suits Drive Consumer Protection Docket Growth
Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.
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July 02, 2024
11th Circ. Reverses $500K Insurer Benefit In Climber's Death
The Eleventh Circuit on Tuesday reversed a lower court decision saying Reliance Standard Life Insurance had to pay $500,000 in benefits to the sons of a mountaineer who died ascending a peak in Pakistan, ruling that the life insurer wasn't unreasonable in determining that the climber didn't die by accident.
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July 02, 2024
Immigration Attys Cautiously Optimistic After Chevron Ruling
The U.S. Supreme Court's ruling that courts no longer have to defer to federal agencies' interpretations of ambiguous statutes could help some immigrants fight removal orders while serving as a buffer against partisan challenges to executive immigration actions.
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July 02, 2024
IT Workers Say Chevron's End Dooms Spouse Work Permits
Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.
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July 02, 2024
4th Circ. Nixes Black Lung Benefits For American Energy Miner
The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.
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July 02, 2024
Wash. Court OKs Anti-Masker's School Recall Sanctions
Washington appellate judges said Tuesday an Evergreen State man waited too long to appeal $30,000 in sanctions and ruled the trial court was justified in pinning most of the blame on him — instead of his attorneys — for filing baseless recall petitions to dissuade school board members from complying with a state COVID-19 mask mandate.
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July 02, 2024
Ga. Justices Say COVID Order Tolls Med Mal Repose Statute
The Georgia Supreme Court on Tuesday said that a judicial emergency order handed down during the COVID-19 pandemic can be used to toll the state's five-year medical malpractice statute of repose.
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July 02, 2024
Contractor Says Chevron Reversal 'Upends' Navy Deal Suit
A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.
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July 02, 2024
Charter Justified Firing Of Lactating Worker, 10th Circ. Says
A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.
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July 02, 2024
4th Circ. Won't Rethink Google Ad Subpoena Decision
The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.
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July 02, 2024
Conn. Justices Send Trade Secrets Row Back To Trial Court
The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.
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July 02, 2024
Georgia Wants 11th Circ. To Undo Blocks On Election Law
The state of Georgia has urged the Eleventh Circuit to undo the enjoining of two provisions of the state's controversial 2021 election law, including a ban on handing out food and drinks to voters waiting in line that the state called a "prophylactic" against electoral interference.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
Expert Analysis
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10 Years After Alice, Predictability Debate Lingers
A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.
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Cannabis Ruling Lights Path For Bankruptcy Protection
A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Strategies For Defense Attys To Subpoena A Nonparty Witness
Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.