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Appellate
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July 17, 2024
9th Circ. Open To X's Challenge To Content Disclosure Law
A three-judge Ninth Circuit panel appeared open Wednesday to granting X Corp.'s request to block at least some of a new California law requiring social media companies to provide semiannual disclosures regarding their content moderation policies, with each judge saying one particular provision appears to infringe free speech rights.
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July 17, 2024
NJ Casino Must Face Demoted Slots Director's Bias Suit
A New Jersey appellate panel Wednesday restored a former Resorts Casino Hotel employee's disability discrimination and retaliation lawsuit, finding that it was unclear if he was disabled after he suffered severe burns in an explosion aboard his boat.
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July 17, 2024
Split 5th Circ. Allows Limits On Arlington Donation Boxes
A split Fifth Circuit upheld an Arlington, Texas, ordinance regulating the placement of donation boxes, writing that the regulation is content-neutral and tailored in a way that gives local charities the ability to collect donations through other means, even if it limits box locations.
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July 17, 2024
Many AI Patent Eligibility Issues Still Hazy After Guidance
The U.S. Patent and Trademark Office's new guidance on patent eligibility for inventions involving artificial intelligence provides some helpful details for patent applicants, but attorneys say it leaves unanswered questions that will likely require court decisions or legislation to sort out.
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July 17, 2024
Producer Petitions 2nd Circ. To Revive Blacklisting Suit
A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.
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July 17, 2024
Fed. Circ. Tells ParkerVision To Close Fla. Case Before Appeal
The Federal Circuit has ordered ParkerVision and Qualcomm to make a Florida federal judge explicitly end counterclaims in long-running infringement litigation between the two before continuing with ParkerVision's appeal.
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July 17, 2024
Del. Gov. Signs Hotly Contested Corp. Law Amendments
Delaware Gov. John Carney signed into law on Wednesday state code amendments allowing corporations to cede some governance rights to stockholders, as well as some state corporate oversight to other jurisdictions.
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July 17, 2024
9th Circ. Scrubs Dismissal In Plant-Based Huggies Wipes Suit
The Ninth Circuit on Wednesday partially reinstated a suit alleging that Kimberly Clark Corp.'s baby wipes mislead consumers into thinking they're made entirely from plant products, saying the district court wrongly considered the back label when dismissing claims regarding certain products.
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July 17, 2024
Pa. Justices OK Zoning Decision To Allow Suburban Hospital
A zoning officer for a Pittsburgh suburb was within state law to issue a "use permit" that would allow the University of Pittsburgh Medical Center to build near a rival network's existing hospital, even if that permit punted on making sure the plan conformed with other zoning rules, the state Supreme Court ruled Wednesday.
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July 17, 2024
Too Few Respondents Doomed Plywood Duties, Fed. Circ. Told
The U.S. Department of Commerce brought a series of unfavorable trade court remands upon itself by selecting only two respondents in its investigation of Chinese hardwood plywood, a company fighting to keep its 0% rate told the Federal Circuit on Wednesday.
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July 17, 2024
9th Circ. Says Egypt Law Unsuited For Wash. Worker Case
The Ninth Circuit said on Tuesday that Washington employment law applies to a worker's wrongful termination claims against Fivos Inc., stymieing the worker's attempt to apply Egyptian labor law because she had worked from the country.
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July 17, 2024
6th Circ. To Review 2 Standards In FirstEnergy's Cert. Fight
The Sixth Circuit indicated Wednesday that it would have to examine the applicability of two different class certification standards in a securities suit by FirstEnergy investors, as the company insisted there was no proof its statements influenced stock prices, and that purported omissions didn't factor into the mix.
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July 17, 2024
Fight Over Liberace's Rhinestone Piano Reaches Boston Jury
A lawyer for Gibson Guitars' charitable arm told a Boston federal jury Wednesday that a music store has refused to return a rhinestone-encrusted grand piano once used by Liberace, wrongly claiming it was given as a gift.
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July 17, 2024
Yet Another Patent Owner Wants High Court To Review Alice
A small Alabama company that claims to have invented a new way of "processing returned mail" is the latest to complain to the U.S. Supreme Court about the state of patent eligibility law after the company was unable to enforce its patent against the U.S. Postal Service.
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July 17, 2024
Fed. Gov't Can't Slip Suit Over Affordable Housing Loan
A U.S. Court of Federal Claims judge has refused to dismiss a company's suit alleging the federal government violated a loan agreement and now owes the company for the taking of its property.
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July 17, 2024
ICE Doesn't Have To Reveal Sources, 2nd Circ. Says
An Ecuadorian man couldn't convince the Second Circuit to toss out a removal order based on a U.S. Immigration and Customs Enforcement officer's failure to explicitly explain how the agency learned he wasn't a U.S. citizen.
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July 17, 2024
Ex-Genentech Worker Seeks Revival Of 401(k) Investment Suit
A former Genentech employee asked the Ninth Circuit to reopen his proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, arguing a trial court applied an erroneously high standard when it tossed the claim.
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July 17, 2024
Md. Justices Say Amazon Insurer Can Pursue Subrogation
An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.
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July 17, 2024
Ohio Justices Enforce $30M Police Brutality Judgment
The Ohio Supreme Court on Wednesday ordered the city of East Cleveland to pay upwards of $30 million to satisfy a judgment in favor of a man who won a jury verdict finding that police officers wrongfully detained him and caused serious injuries in the process.
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July 17, 2024
Ministerial Exception Ends Buddhist's ADA Suit At 9th Circ.
The Ninth Circuit backed the dismissal Wednesday of a former Buddhist apprentice's suit claiming his temple failed to accommodate his PTSD, knocking down arguments that the menial work he completed in his role prevented his claims from being nullified by a ministerial exception to anti-bias law.
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July 17, 2024
Death Threats Not Enough For 2nd Circ. To OK Asylum
The Second Circuit on Wednesday rejected an asylum application from a Nepali man who claimed to be fleeing political persecution from Maoist partisans, unconvinced that the threats against his life were serious enough.
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July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers
A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
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July 17, 2024
Families Push To Revive Suits Over Harvard Body Part Thefts
Plaintiffs in a dozen lawsuits seeking to hold Harvard University liable after a former medical school morgue manager was charged with stealing and selling body parts have told a Massachusetts Appeals Court that a lower court judge got it wrong when he found that the school has legal immunity.
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July 17, 2024
6th Circ. Skeptical About Nixing Diver's Harassment Verdict
The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion.
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July 17, 2024
After #MeToo, Report Suggests Judiciary Workplace Reforms
A report released on Wednesday makes 34 suggested reforms for the federal judiciary to better protect its approximately 30,000 employees, including clerks, building off changes made following the #MeToo movement.
Expert Analysis
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend
The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Perspectives
High Court Ruling Leaves Chance For Civil Forfeiture Reform
Though advocates for civil forfeiture reform did not prevail in Culley v. Marshall last month, concerns voiced by a majority of the U.S. Supreme Court justices potentially leave the door open to consider stricter limits in future cases, say attorneys at Dykema.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.