Appellate

  • July 30, 2021

    Maxwell's Ex-Atty Broke SDNY Rules With Cosby Op-Ed

    A New York federal judge put Ghislaine Maxwell's former lawyer "on notice" over the attorney's opinion piece, which argued that the accused sex trafficker should have her charges dropped like Bill Cosby, finding Friday that it's possible the op-ed could influence potential jurors.

  • July 30, 2021

    House Dems Want More District Judges, Too — 203 Of Them

    A group of House Democrats on Friday unveiled a proposal to create 203 new federal judgeships, introducing legislation a day after a bipartisan pair of senators proposed adding 77 federal district court seats in the coming years.

  • July 30, 2021

    9th Circ. Won't Make Google Pay $8.5M Atty Fees In Ad Suit

    Google will only pay $725,000 to the attorneys representing online advertising network AdTrader in a putative class action over advertising account closures, rather than the $8.5 million the attorneys requested, the Ninth Circuit ruled Friday, finding the appeal is premature as the case is ongoing.

  • July 30, 2021

    High Court Expansion Push Slowly Gains Steam In House

    The progressive effort to expand the U.S. Supreme Court has gradually gained more Democratic support in the U.S. House of Representatives, most recently on Thursday, as backers argue a recent voting rights ruling and an upcoming abortion case will push their long-shot effort into the mainstream.

  • July 30, 2021

    DC Circ. Upholds Judicial Watch's $2.8M Win Over Klayman

    Conservative attorney Larry Klayman is still on the hook for $2.8 million after the D.C. Circuit rejected his attempt to undo his defeat in a jury trial that capped off more than a decade of bitter litigation between Klayman and Judicial Watch, the right-wing legal activist organization he founded.

  • July 30, 2021

    6th Circ. Backs Mich. Cannabis Co. Owner's 15-Year Sentence

    The Sixth Circuit on Friday shot down a Michigan marijuana dispensary owner's bid to overturn his convictions for conspiracy and nine federal marijuana-related offenses, as well as his sentence of over 15 years in prison, finding that he was not in compliance with the state's medical marijuana law.

  • July 30, 2021

    Trade Group Joins COVID Coverage Fray At Ohio High Court

    A policyholder trade group has backed an Ohio audiology practice in a COVID-19 coverage suit before the state's Supreme Court, arguing the practice's inability to use its property due to an unsafe physical condition outside its control "is the exact type" of physical loss and damage that its policy covers.

  • July 30, 2021

    FERC Asks DC Circ. To Keep Mitts Off Grid Builder Decision

    The Federal Energy Regulatory Commission told the D.C. Circuit Friday that it didn't do anything wrong when it closed a probe into the way a New England power transmission operator was implementing a certain competition rule, but it isn't the panel's place to hear a challenge to its decision in the first place.

  • July 30, 2021

    Calif. Fertility Clinic Can't Nix Google Employee's Privacy Suit

    A fertility clinic accused of blasting a patient's medical history of in-vitro fertilization to her co-workers at Google Inc. via a group email address can't dodge the woman's privacy lawsuit, a California appeals court ruled Thursday, saying that the state's anti-SLAPP law doesn't apply.

  • July 30, 2021

    2nd Circ. Discovery Order Defies DOJ Stance, Court Hears

    The target of a petition seeking evidence aimed at shoring up arbitration against Lithuania over the nationalization of a prominent bank is urging the Second Circuit to revisit the petition, pointing to the Justice Department's stance that such an application flouts U.S. law.

  • July 30, 2021

    Ex-Deutsche Traders Get Bail During Spoofing Appeal

    Two former Deutsche Bank gold and silver traders convicted of spoofing will stay out of jail as they appeal, with a Chicago federal judge ruling Thursday that the men's primary argument over a jury instruction may "very well" be decided in their favor by the Seventh Circuit.

  • July 30, 2021

    High Court Poised To Move The Needle On Takings Law

    The U.S. Supreme Court sent several property owner-friendly messages in opinions and dissents in land takings disputes last term, and the court has signaled it may further shift power to private owners in cases alleging that governments unconstitutionally took value from properties in violation of the Fifth and 14th Amendments.

  • July 30, 2021

    Ch. 11 Trustee Tells 2nd Circ. Church Sale Was Valid

    The trustee of a bankrupt Bronx-based church defended both her appointment and the sale of the church property before the Second Circuit on Friday, saying nothing she did violated the church's religious freedom.

  • July 30, 2021

    9th Circ. Backs Carrier's Tariff Rates In Verizon Row

    The Ninth Circuit partially granted Wide Voice LLC's petition to review a Federal Communication Commission order that declared the local exchange carrier's tariff rate unlawful due to charging of excessive step-down rates for Verizon.

  • July 30, 2021

    7th Circ. Lets UnitedHealthcare Arbitrate TCPA Suit

    An Illinois chiropractor was correctly ordered to arbitrate his seven-year-old claim that UnitedHealthcare sent him an unwanted fax in violation of federal law, the Seventh Circuit said Friday.

  • July 30, 2021

    Fed Circ. Won't Change Its Mind In Hard Drive IP Fight

    The full Federal Circuit turned down Western Digital Corp. in the hard drive giant's efforts to throw out claims in a data security patent asserted by SPEX Technologies Inc. in California federal court.

  • July 30, 2021

    Fed. Circuit Courts Masking Up Again As Delta Variant Surges

    New COVID-19 guidance from the federal government triggered by the surge in delta variant cases has prompted at least three federal circuit courts as of Friday to reinstate mask mandates for everyone regardless of their vaccination status to help contain the virus.

  • July 30, 2021

    DOI Wants 9th Circ. Redo Of Navajo Nation River Policy Suit

    The U.S. Department of the Interior on Thursday asked the Ninth Circuit to reconsider its decision to revive a Navajo Nation lawsuit over how much Colorado River water it should receive and make a plan for securing it.

  • July 30, 2021

    5th Circ. Says Boeing Can Shield Some Docs In Max RICO Suit

    The Fifth Circuit said Thursday that Boeing cannot be forced to hand over certain documents that the aerospace giant claimed were protected by attorney-client privilege in a proposed class action accusing Boeing of colluding with Southwest Airlines to keep unsafe 737 Max 8 jets in the air.

  • July 30, 2021

    5th Circ. Told To Affirm Ax Of $36M Failed Contract Bid Suit

    A Texas engineering and construction company has asked the Fifth Circuit to uphold a district court's dismissal of breach of contract and fraud claims launched by a Bolivian company seeking about $36 million for a failed joint venture, saying the claims are based on a void agreement.

  • July 30, 2021

    DC Circ. Told To Back FERC's Security Upgrades Ruling

    First Energy Corp., Duke Energy and other transmission owners have urged the D.C. Circuit to back up a Federal Energy Regulatory Commission rule that largely leaves infrastructure upgrade responsibilities and strategies in the hands of the owners rather than regional grid operators.

  • July 30, 2021

    Pa. Court Sends Nursing Home Death Claim To Arbitration

    A Pennsylvania appeals court has overturned the denial of arbitration in a suit accusing a nursing home of negligently causing a resident's death, saying the trial court's ruling flouts a landmark state high court decision allowing survival claims in wrongful death cases to be severed and sent to arbitration.

  • July 30, 2021

    Judge Won't Make Hoops Trial Convicts Serve Time Just Yet

    A federal judge in Manhattan has rejected a request by prosecutors to set a prison date for an aspiring basketball business manager and a former Adidas hoops consultant convicted in the college hoops corruption crackdown as their previous sentences in a related case are on hold while they seek U.S. Supreme Court review.

  • July 30, 2021

    2nd Circ. Revives Contract Suit Against Fee-Transferring Attys

    A convicted arms trafficker may pursue breach of contract claims against attorneys who pocketed a retainer fee he says should have been refunded when one of the attorneys left the case, the Second Circuit ruled on Friday.

  • July 30, 2021

    Lowe's Must Face NJ Suit Over Worker-Customer Skirmish

    A New Jersey state appeals court on Friday revived claims against Lowe's over a physical altercation between a sales associate and a customer, finding that a trial judge should have let jurors decide whether the employee's lack of training led to the incident.

Expert Analysis

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • HUD's Disparate Impact Proposal Shows New Gov't Priorities

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    A recent U.S. Department of Housing and Urban Development proposal to streamline the disparate impacts test for assessing Fair Housing Act discrimination is indicative of the government's increasing focus on consumer rights and equal treatment under the law, say attorneys at Arnold & Porter.

  • Tide Is Turning Against FCA Case Dismissals

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    The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Opinion

    COVID Insurance Rulings Are Misinterpreting 'Physical Loss'

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    Recent court decisions interpreting "direct physical loss" clauses to deny COVID-19 business interruption recovery where the subject property has not been structurally altered contradict the purpose of all-risks insurance, the ordinary meaning of the operative policy language and pre-pandemic case law, says ​​​​​​​Lee Epstein at Flaster Greenberg.

  • Next Steps For Employers After Calif. Break Premium Ruling

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    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • Opinion

    Florida's Vaccine Query Ban Threatens Economy, Free Speech

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    Florida Gov. Ron DeSantis' attempts to ban private businesses, including cruise lines, from asking customers if they've been vaccinated against COVID-19 is hurting the Sunshine State's economic recovery, and may violate the U.S. Constitution's commerce clause and the First Amendment, says David Singer at David W. Singer & Associates.

  • 5 Questions On Standing In The Wake Of TransUnion

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    While the U.S. Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper.

  • 7th Circ. Ruling Poses Hurdle To Multiemployer Funds' Claims

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    The Seventh Circuit’s recent dismissal of the East Central Illinois Pipe Trades Health and Welfare Fund’s delinquent contribution claims against Prather Plumbing & Heating creates a challenge for multiemployer welfare and pension funds since the jurisdictional defense used could be raised in future cases to evade contribution obligations and withdrawal liability, says Mark DeBofsky at DeBofsky Sherman.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Ensuring Patent Subject Matter Eligibility For Blockchain Tech

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    In order to survive subject matter eligibility challenges of patent filings for blockchain-related emerging technologies, practitioners should highlight technical features implementing novel applications and avoid drafting applications that could be interpreted as routine and conventional business practices performed via blockchain, says Drew Schulte at Perkins Coie.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • TransUnion Ruling Limits Standing But Could Hurt Defendants

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez could represent a pyrrhic victory for the defense bar by further shifting class standing from a motion-to-dismiss argument to one that is not ripe until summary judgment, which could present a multibillion-dollar problem for defendants in data privacy litigation, say David Saunders and Peter Scheyer at McDermott.

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