6th Circ. Rules Mich. Doesn't Own Unclaimed Accounts

By Melanie Dorsey

The Sixth Circuit revived proposed class claims accusing Michigan officials of violating property owners' due process rights by keeping interest earned on unclaimed financial accounts, holding that the state takes custody of abandoned property but does not take ownership of it. 

Opinion attached | Read full article » | Save to favorites »

5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

By Lauren Berg

The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

2 documents attached | Read full article » | Save to favorites »

2nd Circ. Backs Lyft In Wheelchair Access, Disability Bias Suit

By Linda Chiem

The Second Circuit on Thursday rejected certified class claims from Westchester County, New York, residents accusing Lyft of systematically discriminating against disabled riders, saying the plaintiffs' suggestions for increasing the availability of wheelchair-accessible vehicles weren't reasonable.

Opinion attached | Read full article » | Save to favorites »

1st Circ. Won't Revisit Discretionary Immigration Relief Denial

By Ganesh Setty

The First Circuit said it lacks jurisdiction to review parts of a Jamaican citizen's bid to remain in the U.S. after entering as a tourist in 2004, noting he was later convicted of passport fraud and only sought asylum in 2016.

Opinion attached | Read full article » | Save to favorites »

Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

By Lauren Berg

Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

Opinion attached | Read full article » | Save to favorites »

Officer Assaults Not Always Violent Crimes, 8th Circ. Says

By Brandon Lowrey

An Eighth Circuit panel has ruled that assault against a federal employee is not categorically a crime of violence, saying U.S. Supreme Court precedent demands proof of more physical force than a conviction under the federal statute requires.  

Opinion attached | Read full article » | Save to favorites »

Rising Star: Jones Day's David J. Feder

By Sam Reisman

Jones Day LLP partner David Feder has successfully steered thousands of cases as part of sprawling multidistrict litigation involving the herbicide paraquat and secured favorable rulings for Boeing in multiple California environmental cases, earning him a spot among the appellate attorneys under age 40 honored by Law360 as Rising Stars.

Read full article » | Save to favorites »

DC Circ. Says Challenges To Pa. Power Plant Orders Can Wait

By Tom Lotshaw

A D.C. Circuit panel granted the Trump administration's push to pause consolidated cases challenging orders that blocked a Pennsylvania power plant from retiring while litigation over similar orders involving a Michigan power plant play out.

Order attached | Read full article » | Save to favorites »

Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

By Bryan Koenig

The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

3 documents attached | Read full article » | Save to favorites »

Fed. Circ. Hands Losses To Apple On 3 Smart Mobile Patents

By Adam Lidgett

Smart Mobile Technologies LLC came out victorious in a set of Federal Circuit decisions Thursday in a patent fight involving Apple Inc., with the appeals court refusing to revive the tech giant's challenges to certain patent claims and reversing the Patent Trial and Appeal Board's invalidation of other claims.

2 documents attached | Read full article » | Save to favorites »

Claims Court Halts BMW's $38M Tax Bid Over COVID Tolling

By Kat Lucero

The U.S. Court of Federal Claims paused reviewing luxury automaker BMW's $38.4 million tax refund suit until an appeals court issues a decision in a similar case over the tolling of a COVID-19-era filing deadline.

3 documents attached | Read full article » | Save to favorites »

Quectel Owes $3M For Infringing Philips Patent, Jury Says

By Elliot Weld

A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

2 documents attached | Read full article » | Save to favorites »

3rd Circ. Backs Conviction, Life Term For Carjacking 'Spree'

By Parker Quinlan

The Third Circuit on Thursday upheld the conviction and life sentence of a New Jersey man for a carjacking "spree," ruling that the trial court correctly barred evidence related to the arresting officer's past drunken-driving conviction.

Opinion attached | Read full article » | Save to favorites »

'We Are Not Afraid To Try This Case,' Says Rep. McIver's Atty

By Courtney Bublé

Rep. LaMonica McIver, D-N.J., and her legal team Thursday outlined her options following the appeals court decision affirming that charges against her arising from her oversight visit to an immigration detention facility can move forward.

Read full article » | Save to favorites »

Womble Bond Asks To Drop Dutch Software Client Over Rift

By Hayley Fowler

Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

2 documents attached | Read full article » | Save to favorites »

5th Circ. Diverts From 9th Circ.'s Copyright Server Test

By Hailey Konnath

The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

Opinion attached | Read full article » | Save to favorites »

La. Town Says 5th Circ. Insurance Decision Should Stand

By Caroline Simson

A Louisiana town is pressing the U.S. Supreme Court to pass on reviewing a Fifth Circuit decision nixing an arbitration order in a dispute with its insurers over coverage for hurricane damage, calling the case "mundane" and not worthy of the high court's attention.

Brief attached | Read full article » | Save to favorites »

PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

By Jeff Overley

An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

2 documents attached | Read full article » | Save to favorites »

Grocers' Microcaptive Valid For Tax Benefits, 7th Circ. Told

By Zak Kostro

Chicagoland grocery chain owners' in-house insurance arrangement is a valid insurance transaction "and should be respected as such," they told the Seventh Circuit, saying their business should be allowed to claim microcaptive tax benefits to reduce its taxable income.

Response attached | Read full article » | Save to favorites »

11th Circ. Holds Real Estate Financier Liable For $56M Loan

By Nate Beck

The Eleventh Circuit has found that a Florida real estate financier triggered default on a $56.3 million loan for three Houston, Austin and Dallas-area properties in Texas by filing for bankruptcy protection after assigning one property's management to a new entity, in a ruling favoring hotel lender Access Point Financial.

Opinion attached | Read full article » | Save to favorites »

Class Actions At The Circuit Courts: August Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

Read full article » | Save to favorites »

Series

Taekwondo Makes Me A Better Lawyer

Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

Read full article » | Save to favorites »

Exclusive

Inside The $150M Immigration Contract That Wasn't

By Daniel Connolly

The leader of a small Houston-based law firm says she was "blindsided" by an announcement from the federal government that her 24-attorney shop had won a $150 million no-bid contract to represent thousands of immigrant children in deportation proceedings.

Letter attached | Read full article » | Save to favorites »

ABA Faces Uphill Battle To Remain As Law School Accreditor

By Emma Cueto

The American Bar Association council responsible for accrediting law schools is fighting on multiple fronts to retain its status as a nationwide accreditor, fending off challenges at both the federal and state levels.

Read full article » | Save to favorites »

Dems Say DOJ Opinion Aims To Foil Oversight Of White House

By Courtney Bublé

With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

Letter attached | Read full article » | Save to favorites »

Google Users' Atty Fee To Be In 'Realm' Of $147M, Judge Says

By Bonnie Eslinger

A California federal judge indicated Thursday that he won't give the full $147 million in fees sought by lawyers who won a $425 million class action verdict against Google for unlawfully collecting user information, but he said their "really excellent lawyering" deserves an amount "within that realm."

Read full article » | Save to favorites »