Appellate

  • October 15, 2021

    2nd Circ. Lets NYC Teacher Vax Mandate Stand

    A Second Circuit panel on Friday rejected claims from a group of New York City educators who argued that the city's COVID-19 vaccine requirement for public school teachers is unconstitutional, affirming a lower court's decision that preserved the mandate. 

  • October 15, 2021

    Attys Hope For Clarity With Justices' Interest In Fraud Claims

    Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

  • October 15, 2021

    DOJ Tells 2nd Circ. FIFA, US Soccer Pleading Standard Wrong

    The U.S. Department of Justice told the Second Circuit a lower court set the bar too high when it found that a sports promoter must show an "agreement to agree" between FIFA and U.S. Soccer before it can allege an antitrust violation preventing the promoter from hosting games in the U.S.

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    NJ Dentist Gets $1.4M Verdict Pulled In Suit Over Surgery

    A New Jersey appeals court on Friday undid a $1.4 million verdict in a suit by a woman alleging a dentist botched a tooth extraction and damaged her nerves, finding that the trial court was wrong to exclude or limit testimony from a potential witness and a defense expert in the case. 

  • October 15, 2021

    5th Circ. Says CFPB Payday Loan Regs Must Wait For Appeal

    The Fifth Circuit has stepped in to extend a stay on Consumer Financial Protection Bureau payday lending regulations that are being challenged by two industry trade groups, giving small-dollar lenders a reprieve from an expected June compliance deadline.

  • October 15, 2021

    US Argues Detained Immigrants Don't Require Bond Hearings

    The Biden administration has told the U.S. Supreme Court that the Third and Ninth circuits botched decisions saying the law requires bond hearings for immigrants who have been detained for more than six months with final deportation orders.

  • October 15, 2021

    Texas Justices To Review SandRidge Electric Shock Suit

    The Texas Supreme Court agreed Friday to consider whether a lower court was right to revive a contractor's lawsuit seeking to hold an energy production company responsible for injuries he incurred when he was shocked while working near a live wire on the company's property.

  • October 15, 2021

    Biden Group Split Over Draft Report Knocking Court-Packing

    A draft report criticizing court-packing proposals has divided President Joe Biden's bipartisan commission studying possible reforms to the U.S. Supreme Court. Liberal commissioners were caught off guard by the draft report, while conservatives thought it didn't go far enough in condemning the idea.

  • October 15, 2021

    Group Cuts Some Claims From Bison Hunt Suit At 9th. Circ.

    A community group that sued the federal government over bison hunting near Yellowstone National Park voluntarily dismissed two of its three claims in the Ninth Circuit on Friday, only continuing to request a deadline for an environmental review of bison hunting.

  • October 15, 2021

    DC Circ. Mulls Whether To Nix $112M Tatneft Arbitral Award

    One member of the D.C. Circuit said Friday that he felt like Russian oil company Tatneft was trying to "dance away" from his questions about whether the lower court had employed the correct standard when deciding to enforce a $112 million arbitration award the company won against Ukraine.

  • October 15, 2021

    Nooksack Judges, Ex-Citizen Dispute New Info For Appeal

    Two Nooksack tribal court judges and a former Nooksack citizen who accused them of persecuting her while she sought protection from domestic abuse are vying in the Ninth Circuit over whether the appellate panel should consider new information.

  • October 15, 2021

    DC Circ. Urged To Void House Panel's Bid For Trump Docs

    A subpoena from a congressional committee seeking certain financial documents from former President Donald Trump's longtime accounting firm implicates significant separation-of-powers concerns that justify voiding the request, his attorneys told the D.C. Circuit.

  • October 15, 2021

    7th Circ. Affirms Remand Of BIPA Suit Against Illinois Grocer

    A Seventh Circuit panel said Friday that a federal judge was right to remand a biometric privacy lawsuit against an Illinois grocery chain to state court, citing a home-state exception in the Class Action Fairness Act and saying the chain waited too long to remove the case.

  • October 15, 2021

    DC Circ. Skeptical Of Ending Payout Stay In $50B Russia Saga

    D.C. Circuit judges seemed doubtful Friday that they should lift a district court stay that's long held up three arbitration awards worth $50 billion that shareholders won against Russia for allegedly destroying their oil company and transferring its assets to state control.

  • October 15, 2021

    Texas Justices To Hear Houston Drainage Fee Dispute

    The Texas Supreme Court on Friday agreed to decide whether to revive a proposed class action against Houston and its leaders brought by property owners who say they are owed reimbursement for a drainage fee that was misleadingly imposed on residents of the city.

  • October 15, 2021

    11th Circ. Denies Strip Club's Bid For Extended Alcohol Sales

    The Eleventh Circuit denied a former Atlanta-area strip club's efforts to extend the hours when it can sell alcohol, saying the club doesn't have a vested right to serve drinks into the wee hours despite a city ordinance barring late-night sales.

  • October 15, 2021

    Ill. Death Suit Not Doomed By Late Expert Disclosure

    An Illinois appeals court has given a widower another chance at a wrongful death suit stemming from the death of his wife after knee replacement surgery, finding that the trial court was wrong to dismiss the suit entirely after he missed a deadline to disclose expert witnesses.

  • October 15, 2021

    Texas Justices Reverse Course To Hear Bullet Train Fight

    The Texas Supreme Court on Friday reversed its previous denial of review and decided to take up claims that the private developers of a high-speed passenger train from Dallas to Houston can't use eminent domain to survey and take land for the project.

  • October 15, 2021

    Hockey Fan Hit By Puck At MSG Can't Sue NHL, Rangers

    Madison Square Garden, the New York Rangers and the NHL ducked a suit Thursday from a fan struck by an errant puck when a New York state appeals court affirmed that the venue had gone far enough to protect the fan.

  • October 15, 2021

    Credit Union CEO Wants Bail Amid Corrupt-Payout Appeal

    Former Melrose Credit Union CEO Alan Kaufman, set to begin a nearly four-year prison term next month, has told a New York federal judge that he should remain free on bail while he appeals his conviction for accepting unlawful gratuities from CBS Radio and a former taxi mogul.

  • October 15, 2021

    High Court Won't Pause Ruling Axing Spire Pipeline Permit

    The U.S. Supreme Court on Friday denied gas pipeline operator Spire's request for the high court to pause a D.C. Circuit order vacating a key permit for the now-completed $286 million, 65-mile pipeline that serves the St. Louis area.

  • October 15, 2021

    Texas Justices Won't Revisit PUC Purview In Injury Suit

    The Texas Supreme Court on Friday rejected utility CenterPoint's request to reconsider its June decision that the Public Utility Commission of Texas doesn't have exclusive jurisdiction over an injury lawsuit filed against the company.

  • October 15, 2021

    NJ Panel Undoes Cable Regulator's Prorated Bill Mandate

    A New Jersey state appeals court on Friday invalidated the state cable regulator's order that Altice must prorate customers' final bills, backing a federal judge's determination that the mandate encroaches upon federal law.

  • October 15, 2021

    Texas Justices To Review $820M Refinery Feud

    The Texas Supreme Court on Friday agreed to wade into an $820 million dispute between Petrobras and Belgium-based Transcor Astra Group over a soured refinery partnership, a move both companies requested.

Expert Analysis

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

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    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Breyer's Defense Of Privacy Challenges Media Overreach

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    As courts continue to weigh freedom of the press against the importance of personal privacy, U.S. Supreme Court Justice Stephen Breyer's jurisprudence has repeatedly made it clear that the media have no constitutional right to engage in unlawful conduct, say David Elder at Northern Kentucky University and Neville Johnson at Johnson & Johnson LLP.

  • Nursing Homes May See Litigation Spike After 7th Circ. Ruling

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    The Seventh Circuit’s recent Federal Nursing Home Reform Act ruling in Talevski v. Health and Hospital Corp. opens skilled nursing facilities to federal litigation from private plaintiffs and could require exhaustion of administrative remedies before invoking state or federal court jurisdiction, say Randall Fearnow and Edward Holloran at Quarles & Brady.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Fed. Circ. Ruling Instructive On Defeating Patent Obviousness

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    The recent Federal Circuit decision Chemours v. Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Takeaways From DC Circ. Medicare Overpayment Ruling

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    The D.C. Circuit's recent decision in UnitedHealth v. Becerra, reinstating a rule that requires Medicare Advantage organizations to refund certain overpayments, is a near-complete victory for the Centers for Medicare & Medicaid Services, but arguably abandons the rule's negligence standard, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Predicting Fed. Circ. Rule 36 Affirmances In Patent Cases

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    A review of the timing between patent litigation oral argument and Rule 36 affirmances at the Federal Circuit, assessed across lower courts since 2013, reveals several trends practitioners can rely upon to predict whether their appeal will end in a Rule 36 judgment, say attorneys at Dechert.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

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