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Appellate
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May 20, 2024
Justices Won't Wade Into Engraver's Age Bias Suit
The U.S. Supreme Court refused Monday to consider a metal engraver's claims that a silversmith fired him because he was over 40 with carpal tunnel syndrome, leaving in place a Ninth Circuit ruling that only part of his case needed to be heard by a jury.
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May 20, 2024
6th Circ. Orders Sanctioned Prison Co. To Pay NLRB Atty Fees
The Sixth Circuit said a Federal Bureau of Prisons contractor has to pay the U.S. National Labor Relations Board's attorney fees from arguing the contractor should be held in contempt in a dispute over two fired union supporters, with one judge dissenting in part over 0.4 billable hour.
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May 20, 2024
Justices Reject Hearst's 'Discovery Rule' Petition In Pics Case
The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that found Hearst Newspapers liable for infringing copyrighted photos of Ireland's "Guinness Castle," even though the suit was filed past the three-year statute of limitations.
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May 20, 2024
High Court Skips Fight Over 'Impossible' TM Name
The U.S. Supreme Court on Monday declined a cert petition from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.
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May 20, 2024
Justices Stay Out Of Pipeline Land Fight With FERC
The U.S. Supreme Court on Monday refused to review the D.C. Circuit decision dismissing a suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority brought by Virginia landowners along the route of the Mountain Valley pipeline.
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May 20, 2024
Justices Reject Seirus Challenge To Design Patent Test
The U.S. Supreme Court on Monday refused to review a Federal Circuit ruling that revived Columbia Sportswear's design patent suit against Seirus Innovative Accessories Inc., which Seirus said created an "illogical, unworkable test" for design patent cases.
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May 19, 2024
Solicitor General Says No High Court Case Is 'Hopeless'
Solicitor General Elizabeth Prelogar told lawyers Saturday that despite the U.S. Supreme Court's conservative majority, she has never thought a case she's overseen for the Biden administration was "entirely hopeless," and that there's always room to shape the court's opinion.
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May 17, 2024
TikTok, Feds Ask DC Circ. To Fast-Track Potential Ban Row
TikTok, a group of its creators and the U.S. Department of Justice on Friday all asked the D.C. Circuit to fast-track challenges to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company.
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May 17, 2024
Meet The Attys Fighting Efforts To Ban TikTok
Facing a potential federal ban, TikTok and creators on the platform have tapped a bevy of BigLaw heavyweights, including attorneys who have successfully led challenges to prior moves to shut down the popular social media platform and limit children's online activities, as well as a pair of litigators who've argued dozens of cases before the U.S. Supreme Court.
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May 17, 2024
Calif. OKs Rule For Judges To Work Remotely In Civil Cases
California's Judicial Council on Friday approved a new rule of court to allow judges to preside remotely under limited circumstances over civil proceedings from a location other than a courtroom.
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May 17, 2024
Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit
The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.
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May 17, 2024
$440M Cruise Line Ruling Over Cuba Dock May Be In Jeopardy
An Eleventh Circuit panel appeared reluctant Friday to affirm a nearly half-billion-dollar judgment against four major cruise lines for "trafficking" in property seized by the communist Cuban government, as the underlying concession for a port facility in Havana expired in 2004.
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May 17, 2024
Med Mal Appeal Shot Down For Being 'Replete' With Errors
The daughter of a woman who died from bowel necrosis while awaiting surgery can't get a second shot at medical malpractice claims against several healthcare providers because of "significant noncompliance" with Indiana appellate court rules, a state appeals court has ruled.
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May 17, 2024
Colo. Precedent Barred Insurer's Crash Liability Challenge
A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
T-Mobile Must Face Sprint Merger Suit Before Appealing
The Seventh Circuit summarily rejected T-Mobile's move for interlocutory appeal in a proposed consumer class action targeting the company's 2020 merger with Sprint, allowing the case to advance to discovery after the district court denied T-Mobile's motion to dismiss in the fall.
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May 17, 2024
3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle
Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.
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May 17, 2024
DC Circ. Affirms Ex-HUD Official's Conviction For False Docs
The D.C. Circuit on Friday upheld the documents falsification conviction of a former high-ranking staffer within the U.S. Department of Housing and Urban Development's Office of the Inspector General, rejecting his arguments that prosecutors had diverged at trial from the charges laid out in an indictment.
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May 17, 2024
OB-GYN Enough Like GYN Oncologist For Expert Witness Law
A Florida state appeals court on Friday revived a suit accusing a gynecological oncologist of performing an unnecessary surgery, saying the credentials of the patient's medical expert — an OB-GYN — satisfied the state's "same specialty" requirement.
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May 17, 2024
Eagles Coach Didn't Fumble When He Flew Nest, Panel Says
Philadelphia Eagles Head Coach Nick Sirianni and his wife were allowed to back out of buying a $2.3 million home in New Jersey because the sellers hadn't disclosed or obtained a waiver for a "right of first refusal" from a previous owner's children, a New Jersey state appeals court affirmed Friday.
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May 17, 2024
Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse
A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.
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May 17, 2024
Inside The New Legal Push To End Calif.'s Death Penalty
In a first-of-its-kind case in the Golden State, the California Supreme Court is being asked to permanently dismantle the nation’s most populous death row on grounds that capital punishment has been administered in a racially discriminatory manner that disproportionately harms people of color.
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May 17, 2024
Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL
In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.
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May 17, 2024
Koch-Tied Group Says Transparency Law Offends Federalism
The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.
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May 17, 2024
Fla. Appeals Court Nixes Condo Tax Sale After Address Mix-Up
A Florida state appeals panel authored a split decision ordering a lower district court to reverse a tax deed sale after a property owner in Miami-Dade claimed the county's clerk of court failed to provide notice that his condo was being put up for sale due to a delinquent tax bill.
Expert Analysis
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion
The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Justices' Trump Ballot Ruling: Purposivism In Textualist Garb
The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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A Former Bankruptcy Judge Talks 'Undue Hardship'
Former U.S. bankruptcy judge Robert Gordon reflects on his journey from student borrower to judicial observer, highlighting the challenges faced by modern students burdened with student loan debt and advocating for reform in bankruptcy laws, particularly regarding the "undue hardship" element of discharge.