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Appellate
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May 13, 2024
NJ Town Can Shield Atty's ID In Municipal Prosecution Case
The New Jersey state appeals court tackled a novel legal issue Monday in affirming that the Borough of Mantoloking does not need to turn over the identity of an attorney who provided collegial legal advice in the form of an email to a town prosecutor in a contentious traffic infraction case.
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May 13, 2024
Ga. Judicial Candidate Asks State High Court To Review DQ
A woman who had been running to take the seat of the judge overseeing the Georgia election interference case has asked the state's supreme court to review a recent ruling striking her from the ballot.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
High Court Skips White Law Prof's Bias Suits Against HBCU
The U.S. Supreme Court said Monday that it won't review a white former law professor's unsuccessful suits alleging she was harassed out of her job for challenging race-and-gender-based wage inequities at a historically Black university, despite her argument that the Fifth Circuit flouted precedent when it axed her complaints.
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May 13, 2024
Justices Deny Review Bid From Convicted REIT Execs
The U.S. Supreme Court on Monday declined to hear a bid by four incarcerated executives with Texas real estate investment trust United Development Funding to overturn a Fifth Circuit ruling upholding their convictions in a Ponzi scheme.
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May 13, 2024
Houston Truck Co. Doesn't Owe $2M Excise Tax, 5th Circ. Told
A Houston truck company that sells tires made by a Chinese manufacturer doesn't owe $2 million in import taxes because it's not legally the tire importer, the company told the Fifth Circuit in asking it to affirm a ruling that could split circuits.
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May 13, 2024
Justices Decline To Hear $3.5B Insurance Surplus Case
A proposed class action accusing an insurer of failing to return an over $3.5 billion surplus of underwriting profits back to policyholder members will be litigated in Illinois state court, the U.S. Supreme Court ruled Monday, denying the company's bid for certiorari.
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May 13, 2024
Rail Worker Wage Case Won't Get High Court Review
The U.S. Supreme Court won't intervene in a pending Massachusetts lawsuit against the operator of a freight rail line over whether its employees are covered by the state's Prevailing Wage Act, declining Monday to review the case.
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May 13, 2024
Justices Won't Touch Insurer's Win In 401(k) Exit Fee Suit
The U.S. Supreme Court declined Monday to hear a dental office's case accusing an insurance company of unlawfully charging fees to 401(k) plans that left its platform, leaving in place a Fifth Circuit ruling that found the insurer was under no obligation to waive the charges.
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May 13, 2024
Supreme Court Won't Hear 'Original Patents' Dispute
The U.S. Supreme Court on Monday rejected a petition from Ikorongo Texas LLC challenging how a Texas federal judge interpreted a rarely invoked requirement for reissue patents when he invalidated the company's patents in litigation with the dating app company Bumble.
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May 13, 2024
High Court Won't Consider Ex-Tufts Prof's Retaliation Suit
The U.S. Supreme Court declined Monday to review a lawsuit brought by a former Tufts University dental professor who said the First Circuit ignored crucial evidence and relied on false information when it shut down claims that she lost a promotion for reporting sexual harassment.
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May 13, 2024
Justices Skip Website's Bid To Review Copyright Ruling
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that revived a copyright complaint accusing controversial web forum Kiwi Farms and its owner of infringing the works of self-published author Russell Greer, who wrote about his court battle with pop star Taylor Swift.
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May 13, 2024
High Court Won't Take Up Wyo. Wildfire Suit
The Supreme Court on Monday declined to review a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service over the government's decisions in fighting the fires.
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May 13, 2024
Justices Reject Incarcerated Man's Atty Abandonment Claim
The U.S. Supreme Court on Monday declined to hear the case of a Texas man incarcerated on death row who says his court-appointed lawyer deprived him of a fair chance at challenging his conviction in a 2005 double homicide.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 13, 2024
Justices Won't Review Atty's Discipline For Accusing Judges
The U.S. Supreme Court won't weigh in on whether the U.S. District Court for the Eastern District of Pennsylvania improperly suspended an attorney based on alleged violations of disciplinary rules that had been seven years old at the time, the court announced Monday.
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May 13, 2024
Justices Won't Review Ch. 11 Stay In Asbestos Cases
The U.S. Supreme Court won't review lower courts' decisions allowing the paper-products company Georgia-Pacific to remain shielded from mass tort litigation by way of a subsidiary's Chapter 11 case.
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May 11, 2024
Alito Warns Freedoms Of Speech, Religion Are In Danger
U.S. Supreme Court Justice Samuel Alito warned Saturday that support for freedom of speech on college campuses is "dangerously" low, and that freedom of religion is in peril nationwide.
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May 10, 2024
Patent Owners Face Risks In Amazon Program After Ruling
The Federal Circuit ruled earlier this month that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.
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May 10, 2024
Mich. Justices Find State Law Bars Firing Friend As Reprisal
The Michigan Supreme Court held Friday that the state's civil rights law prohibits employers from retaliating against an employee by targeting a coworker who is a friend or family member, reviving two former prison workers' lawsuit against the state.
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May 10, 2024
Fed. Circ. Backs ITC Decision Clearing Computer Gear Imports
The Federal Circuit on Friday upheld the U.S. International Trade Commission's holding that CommScope, Hewlett Packard, Netgear and others didn't infringe Q3 Networking's computer gear patents with their imports of things like routers.
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May 10, 2024
Okla. Tells Justices 10th Circ. Wrong On PBM Law
Oklahoma's insurance department Friday asked the U.S. Supreme Court to take up its petition seeking review of a Tenth Circuit decision overturning portions of a state law regulating pharmacy benefit managers, arguing that high court intervention is needed to resolve disagreement among the circuits on federal preemption.
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May 10, 2024
Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told
The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.
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May 10, 2024
Full 4th Circ. Urged To Settle Key 'Texas Two-Step' Questions
A Fourth Circuit panel left critical issues open when it denied permission to an appeal challenging the so-called Texas two-step Chapter 11 of industrial equipment maker Aldrich Pump, asbestos claimants in two separate bankruptcy cases said, asking the full appeals court to reconsider hearing the case and settle questions that have plagued their own bankruptcies in the Western District of North Carolina.
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May 10, 2024
4th Circ. Judge Suspects 'Abuse' In Land Donor Tax Case
The Fourth Circuit appeared poised Friday to rule that a couple owes taxes and penalties after claiming an inflated $5.1 million valuation on donated land for deductions, with one judge positing he believed the couple had engaged in "abuse" of a conservation donation.
Expert Analysis
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Opinion
Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Del. Supreme Court Insurance Ruling Aids In Defining 'Claim'
The recent Delaware Supreme Court decision in Zurich v. Syngenta, finding that a presuit letter did not constitute a claim for insurance purposes, sets out a three-factor test to help policyholders distinguish when a demand rises to the level of a claim, says Lara Langeneckert at Barnes & Thornburg.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Judge-Shopping Policy Revisal May Make Issue Worse
The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne Kessler.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence
The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.