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Appellate
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June 06, 2024
Mass. AG Asks State High Court To Affirm Housing Law
Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.
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June 06, 2024
FDA Urges High Court To Hear 5th Circ. Flavored E-Cig Case
The U.S. Food and Drug Administration is asking the U.S. Supreme Court to grant its petition for a review of an en banc Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application, saying this case provides a better vehicle to decide the issues than other petitions at the high court.
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June 06, 2024
5th Circ. Sides With Miss. In Pipeline Permitting Row
The Fifth Circuit has found a lower court properly threw out an interstate pipeline company's assertion that annual levee crossing fees sought by Mississippi regulators were unconstitutional because they fell outside the scope of the company's 75-year-old permit.
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June 06, 2024
Election Officials Blasted For Not Stopping Suspended Judge
A Michigan state judge has said that election officials had abdicated their responsibility to keep "patently ineligible" candidates off the ballot, ordering them to stop former Detroit Judge Kahlilia Davis from running again after the state Supreme Court suspended her for six years for misconduct.
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June 06, 2024
Paxton Blasts Firing Suit Probe As 'Lobbying' Move
The Texas Attorney General's Office has asked the state's Supreme Court to shut down whistleblowers' attempt to depose Attorney General Ken Paxton and several high-ranking staffers, saying the tactic is designed to persuade lawmakers to fund a judgment in the case when he is not contesting their claims.
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June 06, 2024
Some Colo. Justices Call For Nixing Peremptory Strikes
Three Colorado Supreme Court justices said this week that eliminating peremptory challenges would help remove "the taint of impermissible discrimination" from the jury selection process, writing in two cases involving the dismissal of Black jurors that the strikes often facilitate racism that can be near impossible for a court to address.
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June 06, 2024
5th Circ. Backs Chevron In La. Drilling Contamination Fight
The Fifth Circuit on Thursday reversed a lower court ruling directing Chevron to submit a plan to clean up Louisiana properties allegedly contaminated by oil and gas development, saying that state law only requires the company to look for potential damage.
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June 06, 2024
Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor
State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.
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June 06, 2024
Mich. Court Promises Swift Ruling In Ford Battery-Plant Case
A Michigan appellate court panel on Thursday said it would deliver its decision soon on a ballot measure aimed at halting the construction of a Ford Motor Co. megafactory, as campaigners pressed the court to rule ahead of fall election deadlines.
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June 06, 2024
Judge Who Took Israel Trip Recuses Self From Gaza Case
A Ninth Circuit judge on Thursday recused himself from a case over the Biden administration's support for Israel's military efforts in Gaza, suggesting he disagreed with Palestinian rights activists' claim that a sponsored trip to Israel disqualified him but nevertheless would step aside "out of an abundance of caution."
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June 06, 2024
3rd Circ. Nominee Reports Over $9M Net Worth
Adeel Mangi, whose nomination for the Third Circuit has stalled in the Senate, reported a net worth of over $9 million in financial forms filled out last fall.
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June 06, 2024
NJ Law Firm Ducks Malpractice Judgment Against Ex-Atty
New Jersey appellate judges upheld a decision that found that Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins can't be held responsible for a $378,000 legal malpractice suit judgment against one of its former attorneys for actions prior to joining the firm and in a suit where it was not a party.
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June 06, 2024
Bannon Ordered To Start Prison Term By July 1
Donald Trump ally Steve Bannon was ordered Thursday in D.C. federal court to surrender and begin his four-month prison sentence for defying a congressional subpoena by July 1, after losing his appeal in the D.C. Circuit.
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June 06, 2024
6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask
The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.
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June 06, 2024
Del. Opposes Ex-Paralegal's En Banc Call In Jobless Pay Fight
An attorney representing a Delaware agency has asked the state's Supreme Court to reject a former Morris James LLP paralegal's call to have the full court consider an appeal seeking to revive his bid to collect unemployment benefits after he agreed to leave the firm.
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June 06, 2024
In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case
Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.
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June 06, 2024
Justices Say Feds Liable For Tribes' Healthcare Admin Costs
A split U.S. Supreme Court on Thursday held that the federal government is required to reimburse two Native American tribes millions of dollars in administrative healthcare costs, saying the spending is necessary for the communities to operate programs assumed from the Indian Health Service.
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June 06, 2024
Justices Affirm Taxing Of Estate On Insurance Payout
The U.S. Supreme Court affirmed on Thursday a decision denying a tax refund to the estate of an owner of a building materials company that used a payout from his $3.5 million life insurance policy to purchase his shares in the business.
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June 05, 2024
Rimini's Oracle IP Defense Was Wrongly Barred, 9th Circ. Told
Rimini Street and its owner urged the Ninth Circuit on Wednesday to vacate an injunction blocking it from copying Oracle's software in their 14-year battle over Rimini's software patches, arguing that the lower court erroneously tossed certain infringement defenses that "should have been in the case all along" and made other errors.
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June 05, 2024
Fed. Circ. Questions Willfulness Finding Over Meat Slicer Patent
A Federal Circuit panel appeared wary Wednesday of Provisur Technologies Inc.'s argument that Weber Inc. knew it was infringing its patents for meat slicing and packaging machines, the basis for a $10.5 million judgment against Weber last year.
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June 05, 2024
PwC Asks Calif. Justices To Revive $2.5M Sanction Against LA
PwC urged the California Supreme Court on Wednesday to revive a $2.5 million sanction against the city of Los Angeles for yearslong discovery misconduct in an underlying utility billing dispute, arguing the trial court's inherent authority to pose such penalties isn't limited to nonmonetary sanctions.
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June 05, 2024
Scrutinize Gag Order On Trump's Twitter DMs, X Tells Justices
X Corp. is pressing the U.S. Supreme Court to review a court order allowing special counsel Jack Smith to obtain messages from Donald Trump's account on the social media platform while barring X from alerting the former president beforehand.
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June 05, 2024
Bank Group Takes Fight Over FDIC Fee Letter To 8th Circ.
A Minnesota bank industry group is appealing its federal district court loss in litigation over Federal Deposit Insurance Corporation guidance proscribing non-sufficient funds fees, or NSF fees, the organization said Wednesday.
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June 05, 2024
9th Circ. Won't Review Cathay Pacific Ticket Refund Fight
The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.
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June 05, 2024
Google Loses Another Patent Board Appeal In Sonos Feud
Federal Circuit judges sided Wednesday with a patent board ruling that wiped out claims in yet another Google patent that was asserted in the tech company's infringement lawsuit against wireless speaker brand Sonos.
Expert Analysis
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Banks Have Won Syndicated Loan Battle, But Not The War
Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits
On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.