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Appellate
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May 09, 2024
AT&T Appeals $57M Fine For Selling Customer Location Data
AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."
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May 09, 2024
Lynk Labs Says Tech Group Is Samsung's 'Mouthpiece'
Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.
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May 09, 2024
Red States, Electric Co-Ops Challenge EPA Power Plant Rules
Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.
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May 09, 2024
6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling
A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.
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May 09, 2024
Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides
A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.
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May 09, 2024
NFL Player-Turned-Atty Can't Appeal After Contempt Deal
An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.
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May 09, 2024
Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review
Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.
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May 09, 2024
EPA Defends Factory Farm Water Pollution Regs At 9th Circ.
The U.S. Environmental Protection Agency on Wednesday urged the Ninth Circuit to toss green groups' lawsuit seeking to revive their petition for new, stronger Clean Water Act regulations for large animal feeding facilities.
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May 09, 2024
Calif. Atty Wins Ruling To Pursue YouTube Defamation Suit
A California state appeals court has revived an Orange County attorney's defamation suit over comments made in a YouTube video regarding her father's affiliation with the Vietnamese Communist party.
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May 09, 2024
3rd Circ. Judge Jordan To Retire In January 2025
Judge Kent A. Jordan will retire from the U.S. Court of Appeals for the Third Circuit next year after serving on that bench for nearly two decades, Law360 has learned.
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May 09, 2024
6th Circ. Nominee Sparks Debate Over Blue Slips
Four judicial nominees were approved by the Senate Judiciary Committee on Thursday, including a Sixth Circuit nominee who has come under fire from Republicans for ethics accusations and whose nomination sparked a larger debate about the lack of blue slips for appellate nominees.
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May 09, 2024
4th Circ. Mulls Scope Of Farm Bill In Virginia Hemp Fight
A Fourth Circuit panel on Thursday pushed attorneys for the state of Virginia and a group of hemp companies and customers to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.
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May 09, 2024
Del. Supreme Court Rejects Mid-Case Appeals In Oil Harm Suit
Observing a mid-case appeal would "further complicate and delay an already complex litigation," Delaware's Supreme Court has refused to review claims dismissed or retained in an ongoing, potential landmark suit seeking state-level damages for fossil-fuel company emissions tied to climate change.
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May 09, 2024
11th Circ. Rejects Monsanto's Roundup Suit Redo Request
The full Eleventh Circuit has rejected Monsanto's renewed request for review of a panel's ruling that a Georgia doctor can allege the company failed to warn about cancer risks associated with the use of Roundup weedkiller despite federal pesticide labeling requirements.
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May 09, 2024
Fla. Justices Say Widow Is Surviving Spouse Under The Law
The Florida Supreme Court ruled Thursday that the widow of a mesothelioma victim who married her spouse after his injury can be considered a surviving spouse under the state's Wrongful Death Act.
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May 09, 2024
Ex-Pharma Exec Asks 1st Circ. To DQ Judge In Contempt Case
U.S. District Judge Mark Wolf cannot be impartial and must be disqualified from presiding over a criminal contempt trial against a former pharmaceutical executive accused of using an alias to flout a civil judgment, the defendant told the First Circuit in a Wednesday filing.
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May 09, 2024
Justices Uphold Civil Forfeiture Standards Amid Abuse Fears
The U.S. Supreme Court ruled Thursday that people whose property is seized during criminal investigations of others aren't entitled to a quicker process to seek its return, even though a majority of justices expressed concerns about the constitutionality of civil forfeiture systems in general.
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May 09, 2024
Justices Say Copyright Damages Can Go Beyond 3 Years
The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.
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May 08, 2024
Committing Bribery Or Fixing 'Chaos': Mogul's Retrial Begins
An insurance mogul and his one-time political consultant resorted to "pure and simple" bribery when they promised North Carolina's insurance commissioner up to $2 million in campaign contributions to remove an inquisitive official, federal prosecutors told a jury Wednesday, while the mogul's counsel countered that he just wanted a fair shake from a department in "chaos."
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May 08, 2024
Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause
Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.
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May 08, 2024
High Court Ruling May Shake Up CFPB's Litigation Docket
A U.S. Supreme Court ruling that may come as soon as Thursday could decide the fate of not only the Consumer Financial Protection Bureau's funding structure but also numerous pending enforcement actions the agency has brought around the country. Here, Law360 surveys what's at stake and where.
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May 08, 2024
Colo. Justice Doubts Auto-Reversal In 'Very Rare' Atty Conflict
Colorado's chief justice questioned Wednesday why a man should get to automatically reverse his sexual assault conviction because his lawyer was being simultaneously prosecuted by the same district attorney's office, a situation that the convicted man said is exceedingly rare.
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May 08, 2024
ND Changes Course In Residents' High Court VRA Dispute
In a move Native American tribes are calling "unconscionable," North Dakota Secretary of State Michael Howe is asking the U.S. Supreme Court to vacate and remand Voting Rights Act litigation, saying the state is unable to defend the basis for which it won the lawsuit.
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May 08, 2024
BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit
The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.
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May 08, 2024
Jury Instruction Won't Upend $1.4M Motorcycle Crash Verdict
A California appeals court won't undo a $1.4 million verdict in a suit over a motorcycle accident, saying that even if the trial court gave a jury instruction that was extraneous and not applicable to the facts of the case, there's no indication that it prejudiced or misled the jury.
Expert Analysis
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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How A Motion Before Justices May Help Trump Beyond Court
Even if Donald Trump loses his presidential immunity claim before the U.S. Supreme Court, the delay created by the motion may mean a trial can't be completed before the November election, says Paul Tuchmann at Wiggin and Dana.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.