Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."

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Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills

By Jeff Overley

With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.

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9th Circ. Nixes Challenge To Wash. Abortion Coverage Law

By Grace Elletson

A split Ninth Circuit panel on Thursday rejected a Christian church's challenge to a Washington state law requiring employer health plans to cover abortion services, saying the church could invoke its religious beliefs to skirt the challenged obligations.

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9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

By Greg Lamm

A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

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Contempt Of Atty's 'Own Making,' Judge Says In Allowing Trial

By Hayley Fowler

A Dutch software company can't push back a copyright trial after one of its attorneys from Womble Bond Dickinson was held in contempt and was temporarily kicked off the case, a North Carolina federal judge ruled, finding the predicament "entirely of counsel's own making."

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Roundup

The Antitrust Litigation Surrounding NAR's Industry Rules

By Nate Beck

A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.

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Brief

Dems Intro Their Own Version Of The JUDGES Act

By Courtney Bublé

Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.

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Crypto Cos. Want Justices To Settle Venue Statute Circuit Split

By Aislinn Keely

A Binance-branded U.S. exchange and affiliated crypto data site CoinMarketCap have asked the U.S. Supreme Court to settle what they call a circuit split over whether a trader must show the firms had contacts in their state, or if ties to the country as a whole are enough to press a manipulation claim under the Commodity Exchange Act.

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High Court Urged To Toss $22M SEC Disgorgement Order

By Katryna Perera

An investment advisory firm has asked the U.S. Supreme Court to review a First Circuit ruling that upheld an order for the firm to pay $22 million in disgorgement to the U.S. Securities and Exchange Commission, arguing that courts cannot impose disgorgement when investors have not suffered any financial harm.

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Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms

By Andrew Karpan

A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."

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Diverse Judiciary Is Crucial, Justice Jackson Tells Attys

By Carolina Bolado

U.S. Supreme Court Justice Ketanji Brown Jackson told attorneys in Miami on Thursday at the American Bar Association's annual White Collar Crime Institute that her judicial philosophy is "still under development" and said diversity in the judiciary is necessary to help instill confidence in the judicial branch of government.

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Apple Tells DC Circ. Google Search Fixes Change Incentives

By Matthew Perlman

Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.

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No Cancer Therapy Patent For AbbVie, Says Federal Circuit

By Andrew Karpan

The Federal Circuit declined on Thursday to second-guess a Virginia federal judge who sided with the U.S. Patent and Trademark Office in refusing to issue a patent requested to cover a purportedly new way of administering a clinical stage cancer treatment to an AbbVie unit.

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Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections

By Tom Lotshaw

A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.

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Fed. Circ. Judge Stresses Unknown Software To Fintiv, Apple

By Dani Kass

A Federal Circuit panel expressed frustration Thursday as it struggled to get straight answers regarding whether Apple's products have a "widget" that would infringe Fintiv's contactless payment patent, with one judge ending arguments by saying that "after 45 minutes here, I'm still not clear what the widget does."

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Citi's Appeal Gamble Is A Loser For All, NY AG Says

By Katryna Perera

New York's attorney general has urged a Manhattan federal judge to deny Citibank's bid to appeal the judge's decision allowing the state's wire transfer fraud protection case against the bank to proceed, arguing that an immediate appeal would not benefit any party, even the bank.

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Worker Seeks To Revive NY Teamsters Retirement Plan Suit

By Emily Brill

A union-represented worker is fighting a New York federal judge's conclusion that he failed to show how the caretakers of his Teamsters retirement plan mismanaged his savings, asking the Second Circuit to revive his proposed Employee Retirement Income Security Act class action.

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6th Circ. Backs $100K For Ky. Couple Denied Marriage License

By Carolyn Muyskens

The Sixth Circuit upheld $100,000 in damages awarded to a couple denied a marriage license by Kentucky clerk Kim Davis on Thursday, affirming that she is liable for ignoring the U.S. Supreme Court's recognition of same-sex couples' right to marry. 

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6th Circ. Says Nursing Home Worker's Actions Justified Firing

By Patrick Hoff

The Sixth Circuit refused to revive a former nursing home social services director's suit claiming she was fired for raising concerns about resident care and her supervisor's inappropriate behavior, finding she couldn't overcome the company's explanation that her absenteeism and covert recordings of meetings cost her the job.

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Q&A

Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules

By Abraham Gross

A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.

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Feds Say 11th Circ. Should Affirm Value Of Ex-Braves' Farm

By Chart Riggall

Despite dropping a bid for civil fraud penalties this week against two former Atlanta Braves players accused of overvaluing a conservation easement donation, the federal government has told the Eleventh Circuit it still stands by a U.S. Tax Court ruling that the players' valuation of the property was "firmly planted in the realm of fantasy."

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IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told

By Anna Scott Farrell

Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.

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NY Court Rejects Leon Black's Malicious Prosecution Suit

By Elliot Weld

A New York appeals court on Thursday rejected a malicious prosecution suit brought by former Apollo Global Management CEO Leon Black against Wigdor LLP, which represented a woman in a failed lawsuit accusing him of sexual assault.

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California City Abandons Battle Over Affordable Housing

By Isaac Monterose

A wealthy Southern California city wants to drop its appeal of a legal nonprofit's suit that was filed over the city's opposition to a mixed-income affordable-housing project, according to a filing in a state appellate court.

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Texas Panel Says Police Dept. Must Face Pregnancy Bias Suit

By Emmy Freedman

A Texas appeals court on Thursday said a police department cannot escape a former employee's lawsuit accusing it of firing her after she asked to take unpaid leave to recover from a cesarean section, but ruled the city encompassing the police department was not involved in employment decisions.

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Texas Court Orders 400-Mile Transfer For Discrimination Suit

By Tom Lotshaw

A Texas appeals court has granted a Fort Worth-based energy company's request to have a former employee's lawsuit accusing it of discrimination and libel transferred hundreds of miles from Hidalgo County to Tarrant County, where it is located.

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USW Strikers Found Eligible For Unemployment Pay

By Beverly Banks

Workers represented by the United Steelworkers who sought unemployment compensation during a work stoppage could receive the benefit under state law, a Pennsylvania appellate court concluded Thursday, finding claimants were eligible because a steel company took actions that changed the strike to a lockout.

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Del. Corporate Law Rework Under Pressure At Tulane

By Jeff Montgomery

An attorney whose firm largely represents investors and consumers told a corporate law conference in New Orleans on Thursday that the list of plaintiff-friendly rulings that would be effectively overturned by a pending corporation law bill in Delaware "will probably be just as long as the bill itself."

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Insurance Mogul Can Pursue $8.2M Battle Over NC Office Park

By Parker Quinlan

Convicted insurance mogul Greg Lindberg and his company Global Growth Holdings Inc. will have another shot at counterclaims in an unpaid rent lawsuit against another company once owned by Lindberg, a North Carolina state appeals court ruled Wednesday.

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Roundup

Mich. Supreme Court Preview: Sex Offender Tracking, Rentals

By Carolyn Muyskens

The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.

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Conn. Chief Justice Names New Appellate Court Leader

By Christine DeRosa

Connecticut Appellate Court Judge Melanie L. Cradle has been appointed as the court's top judge following her predecessor's confirmation to the Connecticut Supreme Court.

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Conn. Justices Could Limit Court Powers In Probate Appeals

By Brian Steele

Connecticut's state court rules do not specify that a judge can grant summary judgment to a party in a probate appeal, so that power might not be available, a Connecticut Supreme Court justice said Thursday during oral argument about an issue that the high court has never considered.

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Minn. Couple Can't Claim $105K Deduction, High Court Affirms

By Jaqueline McCool

A Minnesota couple were properly assessed an outstanding income tax liability and disallowed a business loss deduction by the state tax court, the Minnesota Supreme Court ruled. 

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Navigating The Uncertain Future Of The Superfund PFAS Rule

The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.

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Series

Playing Beach Volleyball Makes Me A Better Lawyer

My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

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7 Tips For Associates To Thrive In Hybrid Work Environments

As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

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Trump Tells Admin To Yank Perkins Coie Security Clearance

By Lauren Berg

Perkins Coie LLP is the latest law firm to face the ire of President Donald Trump, with Trump ordering on Thursday the immediate suspension of the firm's security clearances over its diverse hiring efforts and its representation of certain political figures, including former presidential candidate Hillary Clinton.

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Ex-GMU Prof Ends Defamation Suit Against Former Students

By Aebra Coe

Former George Mason University Law professor Joshua Wright has ended his $108 million defamation lawsuit against two former students who accused him of sexual misconduct, dropping the suit late Thursday just four days before a jury trial in the case was set to begin.

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Bove May Sidestep Discipline In Adams Scandal, Experts Say

By Phillip Bantz

Ethics complaints piling up against acting Deputy Attorney General Emil Bove over his efforts to drop the corruption case against New York City Mayor Eric Adams could result in disciplinary action at the state level, but it's highly unlikely that he'll face any consequences from the U.S. Department of Justice and its office charged with investigating attorney misconduct, experts say.

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Holland & Knight Adds Partner Who Was FBI General Counsel

By Daniel Connolly

The FBI has lost its general counsel, who has joined Holland & Knight LLP as a partner in its national security and defense industry group, the firm announced Thursday.

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Bankruptcy Court's Input Sought In Judge Romance Row

By Catherine Marfin

A federal judge asked a Texas bankruptcy court to determine if the CEO of a now-bankrupt barge company has standing to sue over a former judge's secret romance with a Jackson Walker partner.

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Meltzer Lippe, Fired Partner Agree To End Sex Bias Suit

By Grace Elletson

Meltzer Lippe Goldstein & Breitstone LLP and a former partner have agreed to end her New York federal court suit claiming she was fired from the firm after she complained about its sexist work environment, according to a Thursday court filing.

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State Attacks Atty's Self-Defense Claim In Law Firm Shooting

By Aaron Keller

A prosecutor says Connecticut law allows jurors to mull whether a Cramer & Anderson LLP partner reopened a fight with a man who allegedly followed him into his law firm's parking lot and attacked him, teeing up a Friday ruling that could threaten the lawyer's self-defense claims against a manslaughter charge.

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Judges Urge Attys To Help Restore Confidence In Judiciary

By Carolina Bolado

Federal district judges at the American Bar Association's white collar conference Thursday decried threats and attacks on judges and urged attorneys to help them restore public confidence in the judiciary.

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Fake NY Lawyer Charged With Stealing $200K From Clients

By Emily Sawicki

A New York man has been indicted on charges he impersonated a lawyer and stole $200,000 from clients over the course of nearly three years, the Manhattan District Attorney's Office announced Thursday.

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