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Appellate
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January 31, 2025
Chiropractors Can Testify On Injury Cause, Mich. Panel Says
Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.
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January 31, 2025
Tribes Back Bid At 4th Circ. To Undo Army Burial Order
Two South Dakota tribes that successfully repatriated the remains of their children from a U.S. Army Indian boarding school cemetery in Pennsylvania told the Fourth Circuit that it's problematic that a lower court ruled that a law designed to protect Native American graves doesn't apply to the site.
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February 13, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.
The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
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January 31, 2025
Calif. Atty Wins Ruling To Sue Doctor For Defamation
A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.
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January 31, 2025
Fla. Judge Tees Up Free Speech Defense In Ethics Case
A Florida state judge facing ethics charges related to campaign statements is going forward with a First Amendment defense in her Monday hearing, she told the state's Judicial Qualifications Commission in a prehearing statement.
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January 31, 2025
Conn. Justices Let McCarter Ex-Client Off $3.6M Hook
Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.
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January 31, 2025
Jury Instructions Tainted Ex-State's Atty's Trial, 4th Circ. Hears
A Fourth Circuit decision from 1938 took center stage Friday as a seemingly divided appellate panel debated whether a jury that found former Baltimore State's Attorney Marilyn Mosby guilty of mortgage fraud had been improperly instructed on where the crime occurred.
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January 31, 2025
Mass. Justices Rule 'Unwarranted Privilege' Law Not Vague
Massachusetts' top court ruled on Friday that a statute that bars public officials from misusing the benefits of their position for private gain is not unconstitutionally vague, rejecting a former police officer's bid to reverse his conviction for borrowing cash from his department's evidence room to pay his mortgage and other personal expenses.
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January 31, 2025
Seasoned Patterson Belknap Trial Team Joins Linklaters In NY
Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.
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January 31, 2025
6th Circ. Affirms Pot Biz Owner's $2.8M Tax Restitution
The owner of a medical marijuana dispensary who was sentenced to prison and ordered to pay $2.8 million in restitution to the IRS after being convicted of tax crimes failed to convince the Sixth Circuit that Congress lacked the power to tax his sales of the drug.
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January 31, 2025
NC Prosecutors Say Evidence Backs Cannabis Conviction
State prosecutors urged a North Carolina appeals court to stand by a man's conviction for possession and intent to distribute cannabis, arguing that even if there was no forensic analysis of the substance he possessed there was plenty of other evidence to conclude it was cannabis rather than legal hemp.
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January 31, 2025
Manufacturer Can't Arbitrate Wage Suit, Calif. Panel Affirms
A California panel upheld an order that refused to send to arbitration an employee's Private Attorneys General Act lawsuit against a power transformer manufacturer, saying the company failed to show sufficient evidence it wasn't technically the worker's employer.
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January 30, 2025
11th Circ. Revives Wage Suit From Biz Owners' Fla. Worker
The Eleventh Circuit on Thursday revived a Florida domestic worker's lawsuit accusing his former employers of refusing to pay him overtime wages, saying in a published opinion that the employers shouldn't have gotten a summary judgment win in light of conflicting evidence concerning the worker's regular hourly rate.
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January 30, 2025
5th Circ. Says 18-Year-Olds Can Buy Handguns
The Fifth Circuit found a law banning Americans under 21 years old from buying handguns was unconstitutional, saying in a Thursday opinion the law doesn't have any kind of historical analogs that would pass a Second Amendment smell test.
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January 30, 2025
Texas Panel Asks If Late Votes Should Decide Judge's Election
A Texas appellate panel asked what it was supposed to do with voters who wrote that they lived outside the county in deciding the last remaining challenge to the county's 2022 election results, saying during oral arguments Thursday that voters' own assertions seemed convincing.
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
2nd Circ. Voices Unease Over Ex-Iconix CEO's Fraud Retrial
The Second Circuit on Thursday expressed doubt regarding the conviction of Iconix Brand Group founder Neil Cole, who was found guilty of fraudulently booking $11 million of revenue to hit earnings targets, and appeared open to the argument that his retrial violated the double jeopardy clause of the Fifth Amendment.
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January 30, 2025
Lower Court Altered Contract Reading, Texas Justices Told
An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.
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January 30, 2025
2nd Circ. Sees No Skadden Conflict In Pharma Merger Work
The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Ex-Rabobank Exec Asks Justices To Hear 9th Circ. OCC Fight
A former Rabobank compliance chief who wants to clear her name after a now-abandoned Office of the Comptroller of the Currency enforcement action has asked the U.S. Supreme Court to take up her case following the Ninth Circuit's dismissal of her appeal for lack of standing.
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January 30, 2025
Hotel Guests Get Backing For Algorithmic Pricing Suit
Hotel guests accusing a group of Atlantic City properties of using shared software to fix room rates are getting a helping hand in their Third Circuit fight to revive their suit from antimonopoly interest groups, who filed in separate amicus briefs in support of their effort this week.
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January 30, 2025
Sheriffs Raise Concern About New FCC Prison Phone Caps
A sheriffs' group brought concerns to the Federal Communications Commission about recently adopted caps on prison phone rates, saying the exclusion of certain cost categories would lead to less access to services for the incarcerated.
Expert Analysis
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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts
Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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In SF Water Case, Justices Signal How Loper May Be Applied
Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.