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Appellate
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May 07, 2024
1st Circ. Critical Of Boston's Choice To Ice Out Satanists
A First Circuit panel on Tuesday said Boston's process of selecting faith and community leaders to offer an opening prayer at city council meetings raises constitutional concerns, suggesting it could revive a suit over the exclusion of satanists.
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May 07, 2024
Fla. Court Mulls Bid To Unmask DeSantis' Judicial Advisers
An anonymous Florida resident urged a state appeals court on Tuesday to reverse the dismissal of a petition to force Gov. Ron DeSantis to turn over information about the conservative advisers he consults to vet judicial nominees, arguing that the governor can't use executive privilege to hide from a public records request.
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May 07, 2024
7th Circ. Ruling Imperils Anonymity In NCAA, Netflix Cases
Anonymous plaintiffs suing the NCAA and Netflix in separate cases in Indiana federal court must explain why they should be allowed to keep their identities hidden following a recent Seventh Circuit ruling that established "a stringent standard" relating to anonymity, a magistrate judge has ruled.
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May 07, 2024
Margolis Edelstein Gets Rehearing In Del. Malpractice Case
Delaware's Supreme Court has granted Margolis Edelstein's bid for a rehearing by the full five-justice court of an April ruling that revived an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million.
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May 07, 2024
DC Circ. Boots Retired EPA Director's Age Bias Suit
The D.C. Circuit declined Tuesday to revive a suit from a retired U.S. Environmental Protection Agency director who said she was pushed into a junior role to make way for younger workers, finding she couldn't pursue the case because she didn't lose benefits or pay.
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May 06, 2024
Trump Attys Again Ask 6th Circ. To Reconsider Sanctions
Attorneys who challenged the 2020 presidential election results in Michigan have once again asked the Sixth Circuit to rethink its decision leaving intact a district court's sanctions against them, arguing that new facts and U.S. Supreme Court precedent warrant recalling the appellate court's mandate.
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May 06, 2024
13 Judges Boycott Columbia Clerks Over Protest Response
A group of 13 federal judges told Columbia University's president Monday they won't hire students who attend the university or its law school as clerks, calling it an "incubator of bigotry" for its handling of student protests over the Israeli-Palestinian conflict, according to a copy of their letter that U.S. District Judge Alan Albright shared with Law360.
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May 06, 2024
Fed. Circ. Affirms PTAB Invalidation Of Voice Command IP
The Federal Circuit on Monday backed a Patent Trial and Appeal Board decision declaring that Mycroft AI had shown that several claims of a Voice Tech Corp. voice command patent for mobile devices were not valid.
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May 06, 2024
DC Circ. Dubious Of DMCA Speech-Rights Fight
Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.
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May 06, 2024
2nd Circ. Hints At Reviving Suit Against 'Insider' Hedge Fund
The Second Circuit on Monday appeared ready to revive a derivative lawsuit against a hedge fund alleged to have profited from its status as a corporate insider of 1-800-Flowers, with a majority of the court casting doubt on the fund's argument that a recent U.S. Supreme Court decision defeats the case on standing.
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May 06, 2024
Colo. Court Order Smashes Atty-Client Privilege, Insurer Says
The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."
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May 06, 2024
Colo. Justices To Hear College COVID Refund Case
The Colorado Supreme Court said Monday it will consider whether students at Colorado State University campuses can still pursue a class action seeking fee refunds after a state appeals court found the public university system was justified in closing campuses because of the coronavirus pandemic.
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May 06, 2024
GM Tells Mich. Justices Not To Heap On More Auto Regulation
General Motors urged the Michigan Supreme Court to reject a call to expand the reach of a state consumer protection law to the automotive industry and others, saying federal and state oversight already protects car buyers.
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May 06, 2024
Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling
Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.
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May 06, 2024
University Policy Is Enforceable Promise, Colo. Justices Find
The University of Denver must face breach-of-contract claims by a former student who alleges school officials botched a sexual misconduct probe used to support his expulsion, with the Colorado Supreme Court concluding on Monday that the promise in university policy to conduct "thorough, impartial and fair" investigations is enforceable under contract law.
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May 06, 2024
Employer's Good Faith Axes Paystub Fine, Calif. Justices Rule
The California Supreme Court on Monday held that if an employer had a good faith belief it was providing complete and accurate wage statements to its employees, it has not knowingly and intentionally violated state labor law, meaning workers cannot recover civil penalties offered for intentional violations of wage statement requirements.
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May 06, 2024
5th Circ. Revives Airline Workers' Hearing-Loss Suit
A pair of flight attendants seeking to hold Boeing liable over hearing loss they suffered due to an aircraft's allegedly faulty smoke alarm have successfully convinced a Fifth Circuit panel to allow them to refile their case, bringing their claims back from the brink almost three years after the appeals court tossed them.
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May 06, 2024
7th Circ. Backs Ford In Black Ex-Plumber's Bias Suit
The Seventh Circuit on Monday upheld Ford Motor Co.'s defeat of a former plumber's lawsuit alleging she was punished for reporting she'd been treated harshly by her supervisor because she's a Black Muslim woman, finding nothing wrong with a lower court tossing the case.
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May 06, 2024
Fed. Circ. Urged Not To Limit Use Of Patents Apps At PTAB
The U.S. Patent and Trademark Office, Samsung, and tech industry groups have urged the Federal Circuit to reject an argument that patent applications can only be used to invalidate patents in inter partes reviews based on their publication date, saying the filing date is what counts.
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May 06, 2024
9th Circ. Hints Walmart Can't Avoid Jury In Disability Bias Suit
A Ninth Circuit panel indicated Monday that it doubted Walmart Inc. was being honest when it told a vision-impaired employee seeking to come back from a leave of absence that no jobs were available, with one judge suggesting a jury should decide if the retail giant lied to the worker.
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May 06, 2024
FCC Calls High Court Telecom Subsidy Challenge Premature
The Federal Communications Commission has asked the U.S. Supreme Court to forgo review in two constitutional challenges to the agency's Universal Services Fund brought by free-enterprise groups, arguing that the appeals were filed too early and are based on a speculative circuit split that hasn't formed yet.
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May 06, 2024
NJ Justices Erase Gov't Workplace Probe Confidentiality Rule
The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.
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May 06, 2024
Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions
Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.
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May 06, 2024
4th Circ. Clinches NBA Star Win In Legal Saga With Ex-Agent
NBA star forward Zion Williamson secured a Fourth Circuit victory on Monday in a prolonged legal battle with his would-be agent, with a unanimous panel ruling his contract with the Florida marketing agency was void under a North Carolina law governing student-athlete representation.
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May 06, 2024
DeSantis, Ousted Fla. Atty Clash Over Reinstatement Powers
Florida Gov. Ron DeSantis and ousted prosecutor Andrew Warren have offered dueling takes over whether federal courts have jurisdiction to reinstate suspended state officers in competing briefs filed with the Eleventh Circuit.
Expert Analysis
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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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.