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Appellate
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May 14, 2024
Ex-Tesla Worker Urges 9th Circ. To Revive Whistleblower Suit
A former Tesla employee who says he was fired for reporting unlawful activity asked the Ninth Circuit on Tuesday to revive his Sarbanes-Oxley whistleblower claim, saying those claims aren't arbitrable, and a lower court erred when it dismissed them based on an arbitrator's findings regarding his other claims against Tesla.
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May 14, 2024
Giuliani, For Now, Can't Appeal Defamation Verdict In Ch. 11
A New York bankruptcy judge on Tuesday denied Rudy Giuliani's bid to lift his bankruptcy's automatic stay so he can challenge a $148 million defamation verdict, saying the Republican firebrand needs to make more progress in his Chapter 11 and chiding him for repeating false accusations about two former Georgia poll workers.
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May 14, 2024
'Come On, Counsel!': 11th Circ. Scoffs At Ga. District's Appeal
The Eleventh Circuit appeared dubious Tuesday that an Atlanta-area school district had standing to appeal a district court's order demanding the Georgia Legislature redraw a map found to be racially gerrymandered, with at least one judge casting aspersions on the school district's motives for pressing the appeal.
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May 14, 2024
10th Circ. Judge Doubts Colo.'s Take On Justices' Gun Ruling
A Tenth Circuit judge said Tuesday that Colorado was misinterpreting the U.S. Supreme Court's recent gun rights ruling, saying the lack of historical analogues for the state's law raising the buying age made it less likely to pass constitutional muster, not more.
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May 14, 2024
Ga. Appeals Court Weighs Validity Of 190-Year-Old Land Grant
A company seeking to "restore and conserve" approximately 1,000 acres of coastal marshland told Georgia Court of Appeals on Tuesday that the state is attempting to renege on a 190-year-old property grant and take back the land simply because it may soon be worth more than $100 million.
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May 14, 2024
New Ruling Aids In-Court 401(k) Suit Bid, DOL Tells 6th Circ.
The U.S. Department of Labor urged the Sixth Circuit to heed a decision out of the Second Circuit refusing to compel arbitration in a federal benefits lawsuit, arguing that the appellate panel should join four other circuits in rejecting an employer's attempt to force claims out of court.
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May 14, 2024
Judge Trims More From Prison Phone Co.'s Antitrust Suit
Prison telephone service provider Global Tel Link and a Pennsylvania county now have one fewer claim to face in a lawsuit accusing them of sinking a rival company's chance at winning a contract with the county, after a federal court trimmed away yet another claim.
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May 14, 2024
Trump Can't Overturn Gag Order In NY Criminal Trial
A New York state appeals court on Tuesday denied Donald Trump's bid to overturn a gag order intended to stop him from criticizing witnesses and others involved in his ongoing criminal fraud trial.
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May 14, 2024
Ariz. Justices Stay 1864 Abortion Ban To Allow For Appeal
Enforcement of Arizona's 1864 anti-abortion law will remain on hold for at least 90 days as state Attorney General Kris Mayes evaluates whether to ask the U.S. Supreme Court to take up the case.
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May 14, 2024
7th Circ. Seems Wary Of Jurisdiction Over Union Fund Misuse
Two Seventh Circuit judges on Tuesday pressed the U.S. Department of Labor to address how much authority individual employers had as part of an allegedly mismanaged multiemployer benefit fund, saying the question is crucial to determine whether the agency properly won a federal court injunction.
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May 14, 2024
Tort Report: Mass Tort Settlements Beset By Crooked Claims
Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 14, 2024
Mich. AG Says Eli Lilly 'Cherry-Picking' Enforcement Data
Michigan's attorney general has hit back against Eli Lilly's arguments that recent consumer protection law recoveries show her office is not being hampered in its investigations, as she seeks subpoenas in a probe of the pharmaceutical giant's pricing for an insulin drug.
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May 14, 2024
States, Elec. Co-Op Seek To Block EPA Power Plant GHG Rule
A group of 25 red states and the National Rural Electric Cooperative Association asked the D.C. Circuit to block the U.S. Environmental Protection Agency from implementing its new power plant greenhouse gas emissions rule while they challenge its legality.
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May 14, 2024
DC Circ. Upholds EPA's Renewable Fuel Standards
A divided D.C. Circuit panel upheld on Tuesday the U.S. Environmental Protection Agency's renewable fuel standards for 2020, 2021 and 2022, rejecting renewable fuel producers' claims the standards are too low, and petroleum refiners' contentions that they are too high.
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May 14, 2024
White House Continues To Back Adeel Mangi For 3rd Circ.
The White House is standing by Adeel Mangi's nomination for the Third Circuit despite the path to confirmation being unclear and the vast opposition he's been facing.
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May 14, 2024
Ex-Squire Patton Atty Among Latest Calif. Judges Sworn In
California got two new appellate court judges and elevated another one on Tuesday morning as a state commission unanimously approved and swore in the three people nominated by Gov. Gavin Newsom, including a onetime Squire Patton Boggs LLP attorney.
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May 14, 2024
Keep It Short, And Other Advice From Fed. Circ. Judges
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.
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May 14, 2024
Delays Justified Dismissing Malpractice Suit, Firms Tell NJ Panel
Two New Jersey law firms said a lower court got it right when it threw out malpractice claims against them due to the plaintiffs' failure to comply with discovery demands, arguing on Tuesday to a New Jersey state appeals court that the plaintiffs' delay in producing discovery and filing amended complaints was prejudicial.
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May 14, 2024
Ga. Justices Wary Of Gov't Listening To Atty-Client Calls
The Georgia Supreme Court seemed inclined during oral arguments Tuesday to find that a man convicted of assault had his Sixth Amendment rights violated because a detective and a prosecutor listened to his jailhouse phone calls with his attorney.
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May 14, 2024
Pa. Justices Vexed By DA Funding In Kleinbard Bill Dispute
The Pennsylvania Supreme Court seemed to want more information Tuesday about the source of the former Lancaster County district attorney's "program funds" before wading into whether the DA had the discretion to spend those funds on Kleinbard LLC's legal fees rather than asking his county commissioners for approval.
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May 14, 2024
Scooter Rider Not A 'Pedestrian' In PIP Suit, NJ Justices Affirm
An electric scooter operator who was struck by an automobile is not entitled to personal injury protection benefits under his auto policy, a unanimous New Jersey Supreme Court affirmed Tuesday, saying the operator does not fall within the definition of "pedestrian" for purposes of the state's No-Fault Act.
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May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute
The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
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May 14, 2024
Feds Say Bannon Must Start Prison Term After Losing Appeal
Prosecutors asked a District of Columbia federal judge Tuesday to order Donald Trump ally Steve Bannon to begin his four-month prison sentence for defying a congressional subpoena, now that the D.C. Circuit has rejected his appeal.
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May 14, 2024
$330M Romania Award Must Be Enforced, DC Circ. Says
The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.
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May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement
The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
Expert Analysis
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Strategies For Defense Attys To Subpoena A Nonparty Witness
Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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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.