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Appellate
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April 22, 2024
Justices Skip How Mid-Litigation Changes Affect Standing
The U.S. Supreme Court on Monday left in place a Third Circuit ruling that plaintiffs must reestablish standing when defendants cause circumstances to change mid-litigation, ending a Pennsylvania attorney's challenge to the state's new anti-bias and harassment professional conduct rule.
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April 22, 2024
Supreme Court Denies Amazon Bid To Review Arbitration Scope
The U.S. Supreme Court on Monday denied Amazon's bid to review a Ninth Circuit decision on whether last-mile delivery drivers are exempt from the Federal Arbitration Act.
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April 22, 2024
Justices Won't Probe Athlete's Interest In NCAA Eligibility
The U.S. Supreme Court on Monday left in place a Fourth Circuit decision finding student athletes lack a business or property interest in their eligibility to play on the college level even though they can now be compensated for it.
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April 22, 2024
Justices Won't Hear Bakery's Arbitration Exemption Case
The U.S. Supreme Court on Monday declined to again examine a carveout to a federal arbitration law for interstate transportation workers, in a case involving baked goods delivery drivers, after already issuing a decision in a similar case.
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April 22, 2024
Justices Won't Weigh If Domino's Drivers Arbitration-Exempt
The U.S. Supreme Court on Monday passed on reviewing whether Domino's Pizza truck drivers are interstate transportation workers who are exempt from federal arbitration requirements, declining to pave the way for a ruling that could have expanded or narrowed the arbitration carveout.
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April 22, 2024
Supreme Court Won't Review Vanda's IP Obviousness Appeal
The U.S. Supreme Court on Monday rejected Vanda Pharmaceuticals Inc.'s request for review of how the Federal Circuit is deciding whether patents are invalid as obvious, ending the company's attempt to revive patents covering its sleep disorder drug Hetlioz.
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April 19, 2024
CFPB Seeks 5th Circ. Do-Over In Credit Card Late Fee Case
The Consumer Financial Protection Bureau is pushing for the Fifth Circuit to reconsider its rejection of a transfer out of Texas for a lawsuit challenging the agency's $8 credit card late fee rule, warning the decision was wrong on key facts and could prove a "boon for forum-shopping plaintiffs" if left in place.
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April 19, 2024
A Cannabis Constitutional Fight, And The Calif. Atty Behind It
Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.
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April 19, 2024
Feds Say Texas' Reliance On Justices In SB 4 Case Is Misplaced
The U.S. Department of Justice told the Fifth Circuit on Friday that contrary to Texas' contention, two recent U.S. Supreme Court decisions don't knock down a district court injunction stopping Texas officials from arresting and deporting migrants suspected of crossing the border without authorization.
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April 19, 2024
Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'
Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.
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April 19, 2024
Panel Voices Concern Over Prior-Convictions Evidence Rule
A federal judicial committee overseeing evidence rules on Friday grappled with ideas to fix a rule broadly allowing defendants to be cross-examined regarding their prior convictions, with the group's research chair noting the directive is often misapplied.
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April 19, 2024
Ga. Judges Find No 'Magic Wand' For Voting Rights Suits
In a series of recent trials challenging Georgia’s election laws, federal judges have shown a reluctance to dictate sweeping changes to state voting protocols, preferring to tinker around the edges while leaving broad policymaking up to legislative officials.
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April 19, 2024
5th Circ. Revives Six Flags Investor Suit Again
The Fifth Circuit has once again restored a securities fraud class action against Six Flags over the amusement corporation's botched plans to expand in China, saying the lower court inappropriately decided the lead plaintiff lacked standing and wrongly denied another plaintiff a chance to lead the suit.
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April 19, 2024
Dr. Says Colo. Plaintiffs Bar Trying To Open Tort Floodgates
A doctor is asking the Colorado Supreme Court to scuttle a proposed ballot initiative that would remove noneconomic damages caps for certain claims, arguing that the measure is unconstitutionally broad and would turn the state into "one of the most plaintiff-friendly jurisdictions in the country."
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April 19, 2024
Banking Boss Seeks First Bite In Lawyer-Linked Debt Services
Connecticut's banking commissioner says a trial court judge misapplied case law by sidelining his authority to investigate complaints against a debt collection operation attached to a law firm, saying his office should be the first to decide whether he or the judicial branch has authority over the matter.
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April 19, 2024
Investor Suit Over Intel's Chip Production Won't Be Rebooted
The Ninth Circuit on Friday upheld a federal district court's dismissal of a proposed class action against Intel that alleged the tech giant hid problems with the production of its highly anticipated new computer processors, ruling the suit fails to show the defendants knew the company would miss the projected product release date.
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April 19, 2024
PE Exec Can Recoup $1M 'Varsity Blues' Forfeiture
A private equity executive whose conviction in the "Varsity Blues" college admissions case was almost entirely wiped out by the First Circuit is entitled to a refund of $1 million he paid to the scheme's ringleader, a federal judge ruled Friday.
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April 19, 2024
DC Circ. Won't Reverse Wash. Tribe's Recognition Order
A D.C. Circuit panel has rejected a bid by a Washington tribe to vacate an order denying it federal recognition for the fourth time while barring it from raising any further jurisdictional arguments to collaterally attack a lower court's dismissal of the case.
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April 19, 2024
Texas Justices Open Door To Axing $14M Truck Crash Verdict
What started as a monster $80 million trucking crash verdict but later was reduced to $13.7 million was put in further jeopardy Friday when the Texas Supreme Court found that a lower appeals court erroneously declined to hear challenges to how the injured truck driver's employment status was determined.
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April 19, 2024
DC Circ. Backs GOP Operative's Election Finance Conviction
The D.C. Circuit on Friday upheld a political operative's conviction for illegally funneling money from a Russian businessman into Donald Trump's 2016 presidential campaign, ruling that a law enacted in the wake of the Enron accounting scandal can be used to prosecute certain campaign finance crimes.
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April 19, 2024
Sentence For Pandemic Funds Theft Seems To Split 2nd Circ.
A three-judge panel of Second Circuit jurists seemed split Friday over whether a Connecticut man's eight-year prison sentence for stealing COVID-19 funds from the city of West Haven was too harsh, with one judge expressing skepticism and two hinting it was likely appropriate.
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April 19, 2024
Vegas Paper Wants Antitrust Suit Paused For Appeal
The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.
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April 19, 2024
Justices Seek Cornell's Response To ERISA Fee Suit Petition
The U.S. Supreme Court asked Cornell University to respond to a March petition by a group of current and former workers seeking to revive a class action against the university alleging retirees' savings were saddled with unnecessarily high fees, in a sign that the case has drawn the justices' attention.
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April 19, 2024
Mich. Panel Backs GM's Win In Supplier Pricing Spat
A Michigan appellate panel has refused to reinstate a supplier's lawsuit claiming General Motors underpaid for five years' worth of deliveries, saying Semco Inc. didn't have the written evidence needed to hold GM to a promise to rectify the alleged shortfalls.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
Expert Analysis
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10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation
By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Perspectives
Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity
The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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High Court Forfeiture Case Again Pits Text Against Purpose
In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.