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Appellate
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August 15, 2024
Pa. District's Appeal Method Is Constitutional, Court Affirms
A Pennsylvania Court of Common Pleas correctly ruled that a school district did not violate the state's uniformity clause when using a monetary threshold to decide which property tax assessments to appeal, the state Commonwealth Court affirmed Thursday.
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August 15, 2024
Calif. Justices Find Hospital System Exempt From Labor Code
A hospital system a California county created is a public entity that is not required to follow the California Labor Code's meal and rest break requirements, the state's high court ruled Thursday, nixing an appellate panel's ruling against the entity.
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August 15, 2024
4th Circ. Won't Revive Interpreters' Unpaid Wages Suit
The Fourth Circuit declined Thursday to reinstate a lawsuit two Nepalese-English interpreters brought against a government contractor accusing it of failing to pay them overtime wages, saying the Maryland laws they sued under don't apply to their case because they worked in Afghanistan.
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August 15, 2024
Ariz. GOP Backs RNC's High Court Bid To Stay Voting Order
The Arizona Republican Party is backing the Republican National Committee and two of the state's top lawmakers in asking U.S. Supreme Court Justice Elena Kagan to halt an order over a voting law that is pending appeal at the Ninth Circuit, arguing the district court's order has a direct and tangible effect on its ability to promote the party's policies.
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August 15, 2024
'What Is An NFT?': 9th Circ. Mulls Novel Bored Ape TM Fight
A Ninth Circuit judge considering whether a trial court correctly found artists owe millions for ripping off trademarks on the Bored Ape Yacht Club nonfungible token collection questioned Thursday whether the NFT market is comparable to typical consumer markets, rhetorically asking, "What are we even talking about? What is an NFT?"
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August 15, 2024
Fla. Court Wrongly Blocked Health Report Without Evidence
A Florida state appeals court has reversed a state court order blocking the release of an investigative report related to a man's suicide after he was discharged from a mental health center, saying the circuit court shouldn't have denied a request by the man's father for the report based on an argument from the center's managing entity without evidence.
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August 15, 2024
Gas Co. Tells Chancery Texas Settlement Spikes Pipeline Duty
A settlement and Texas court's direction to vacate an earlier arbitration award has revived an Energy Transfer LP subsidiary's bid to scuttle a Delaware Court of Chancery order requiring it to build costly, high-pressure natural gas pipelines for free.
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August 15, 2024
Ex-Drew Eckl Attys Seek New Firm's Escape From Arbitration
Drew Eckl & Farnham LLP and former firm attorneys now at Burke Moore Law Group LLP launched dueling arguments in the Georgia Court of Appeals this week over Burke Moore's bid to undo a court order requiring it to arbitrate a fees dispute between Drew Eckl and Burke Moore founders.
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August 15, 2024
Ford Wants Judge Booted Off Paraplegic's Suit After Podcast
Ford Motor Co. pushed the North Carolina Court of Appeals to remove state Superior Court Judge Hoyt Tessener from a product liability suit, arguing the jurist made disparaging remarks about the company after prosecuting a similar suit against the carmaker years ago as a private attorney.
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August 15, 2024
Prof Rips DOJ, VW's 9th Circ. Bid To Shield Jones Day Docs
A Loyola Marymount University professor has urged the Ninth Circuit to shut down the U.S. Department of Justice and Volkswagen AG's relentless "obfuscation" in a long-running dispute over access to confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.
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August 15, 2024
Federal Circuit Upholds Duties On Steel Nails From Taiwan
The Federal Circuit upheld the "dumping margin" duties charged on certain Taiwanese nail imports, finding that the U.S. Department of Commerce had been unable to wring detailed data out of some of the producers and was thus justified in relying on outside facts when calculating the rates.
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August 15, 2024
NY Asks Top Court To Nix Ruling Against Ethics Commission
The Office of the New York State Attorney General has submitted a brief urging the state's highest court to reverse a finding against an ethics commission that former Gov. Andrew Cuomo convinced a state court was unconstitutional.
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August 15, 2024
Colorado, Suncor Back EPA In Denver Refinery Permit Fight
Colorado and Suncor Energy USA Inc. told the Tenth Circuit the U.S. Environmental Protection Agency was right to refuse to object to a series of permit changes state regulators approved for the company's Denver-area oil refinery, as fights over the facility's emissions are heating up.
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August 15, 2024
Trump Seeks To Delay NY Sentencing Until After Election
Donald Trump asked to delay sentencing in his New York hush money case until after the 2024 presidential election, arguing he needs time to potentially appeal if he loses an attempt to erase the felony conviction on the basis of presidential immunity.
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August 15, 2024
Okla. Says 10th Circ. PBM Ruling Defies High Court Precedent
Oklahoma urged the U.S. Supreme Court to review a Tenth Circuit decision nullifying certain parts of a state law regulating pharmacy benefit managers, arguing the appeals court's ruling openly conflicts with sister circuits and previous high court rulings while pushing federal benefits law beyond its limits.
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August 15, 2024
Norfolk Southern Engineer Asks 3rd Circ. To Revive ADA Suit
A train conductor urged the Third Circuit to reinstate his disability bias suit claiming he was unlawfully disqualified from his position because of his history of seizures, saying Norfolk Southern Railway Co. and a lower court ignored evidence that he could safely perform his job.
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August 15, 2024
Mich. Top Court Won't Undo Judicial Candidate's DQ
The Michigan Supreme Court on Wednesday declined to review the disqualification of a candidate for an open judgeship on the state's intermediate court of appeals.
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August 14, 2024
3rd Circ. May Nix $10M Venezuela Award Transfer Suit
The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.
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August 14, 2024
Fed. Circ. Won't Rehear Utah Tribe's Water Dispute
A Federal Circuit panel refused to rehear a Utah tribe's challenge to the U.S. government that looked to overturn a Federal Claims Court ruling that held it didn't violate a 19th century law by not securing new water and infrastructure rights for the Indigenous community.
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August 14, 2024
Gilstrap Can't Keep IP Case Top Secret, Federal Circuit Told
Law professors and media groups are backing a nonprofit's legal quest at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas, arguing that keeping patent cases secret harms the public interest.
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August 14, 2024
4th Circ. Says Credit Card 'Offset' Ban Applies To HELOCs
Creditors are prohibited from withdrawing funds from a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent, a divided Fourth Circuit panel ruled Wednesday.
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August 14, 2024
Biz Says Mich. Cities Ignore Taxpayers In Fee-Or-Tax Fight
A pipe fitting business has urged the Michigan Supreme Court to reject municipal organizations' "histrionic" arguments that cities' financial stability will be in jeopardy if the top court finds Detroit's fire inspection fee is a disguised tax, saying the groups are disregarding citizens' rights to be free from illegal taxes.
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August 14, 2024
Recreational Pot Contract Unenforceable, Texas Court Says
A Texas state appeals court has torched a cannabis farmer's $100,000 jury win, ruling that he can not collect against his former business partner because the marijuana crop he grew was federally illegal and specifically intended for recreational use.
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August 14, 2024
Del. Justices Affirm $266M Atty Fee Award In Dell Class Suit
Delaware's Supreme Court on Wednesday backed a Chancery Court decision awarding an almost record-breaking $266.7 million fee for stockholder attorneys who settled a class action against Dell Technologies Inc. for $1 billion, saying the Chancery "did not exceed its discretion in setting the fee percentage."
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August 14, 2024
Florida AG Can't Nix Hospitals', School Boards' Opioid Claims
A Florida state appeals court on Wednesday reversed a trial court's order allowing the state's attorney general to wipe out a group of suits by hospitals and school boards in opioid litigation, holding that she doesn't have the authority to release their claims without their consent.
Expert Analysis
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days
In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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High Court's Expert Ruling May Help Health Fraud Defendants
The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.