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Appellate
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May 14, 2024
5th Circ. Judge Says 'Race Science' Not For Courts To Decide
A Fifth Circuit judge wondered Tuesday whether Galveston County was asking the courts to engage in "race science" as the en banc court weighs whether multiracial or multiethnic voters facing redistricting are protected under the Voting Rights Act.
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May 14, 2024
Ga. Atty Disbarred For Trying To Steal $3M Settlement
The Georgia Supreme Court announced Tuesday that an Atlanta-area elder law and real estate attorney was disbarred because he conspired with online fraudsters to try to steal a $3 million settlement from an insurance company to its policyholder.
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May 14, 2024
Trump Attys Trying To Delay Paying Sanctions, Mich. Says
Michigan officials and the city of Detroit say former Trump campaign lawyer Sidney Powell and other attorneys should be penalized with another round of sanctions for apparently attempting to put off paying a hefty sanctions award imposed in a lawsuit challenging the state's 2020 presidential election results.
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May 14, 2024
Ind. Panel Agrees Hospital Can't Be Liable If Doctors Aren't
An Indiana appeals court has refused to reinstate a woman's vicarious liability claim against Indiana University Health North Hospital Inc. in a suit alleging its staff failed to properly diagnose her sepsis, holding the hospital can't be held liable for the conduct of agents who have already been released from liability.
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May 14, 2024
Texas Justices Leave Cities' Franchise-Fee Suit Tossed
The Texas Supreme Court has refused to vacate a lower appeals court's order that allowed Hulu, Disney and Netflix to escape a lawsuit from 31 municipalities claiming the streaming platforms are required to pay 5% state franchise fees, holding that the municipalities have other remedies available.
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May 14, 2024
Boeing Can't Beat Rival's Trade Secrets Claim, 11th Circ. Hints
Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.
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May 14, 2024
Texas Think Tank Tells 5th Circ. It's Owed Climate Pledge Info
The Texas Public Policy Foundation told the Fifth Circuit that it should be allowed access to the names of federal officials involved in creating the Biden administration's climate pledge, arguing the federal government cannot rely on a disclosure exemption designed to protect personal privacy to withhold such information.
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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.
Expert Analysis
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9 Tools To Manage PAGA Claims After Calif. High Court Ruling
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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Taking A Closer Look At Fed. Circ. Claim Construction Split
An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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Opinion
History Reveals Folly Of Absolute Presidential Immunity
As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.