Justices Seek Input On NJ State Bar Diversity Challenge

By George Woolston

The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

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Justices To Hear Fight Over Reach Of Bivens Prison Suits

By Elizabeth Daley

The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

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Justices Seek Solicitor General's Views On Drug Pricing Law

By Ivan Moreno

The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

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Justices Say Conviction In Patz Case Was Wrongly Overturned

By Cara Salvatore

The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

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Can Unread Emails Trigger Arbitration? 9th Circ. Airs Doubts

By Jeff Overley

Medical supplies giant Thermo Fisher Scientific pressed a Ninth Circuit panel Monday to agree that the company's repeated emails about litigation waivers should send an ex-employee's proposed class action to arbitration, but the judges repeatedly questioned why no one simply asked if the worker saw the emails.

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Justices Decline To Hear 'More Than An Athlete' TM Fight

By Ivan Moreno

The U.S. Supreme Court on Monday declined to review a Federal Circuit ruling that allowed a company affiliated with LeBron James to cancel a Maryland youth nonprofit's "I Am More Than An Athlete" trademark registration based on common law rights acquired during the dispute.

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Justices Decline Appeal Over Monster's $272M False Ad Win

By Ivan Moreno

The U.S. Supreme Court on Monday declined to review former Vital Pharmaceuticals CEO and Bang Energy founder Jack Owoc's pro se bid to undo Monster Energy Co.'s roughly $272 million false advertising win over claims that Bang drinks contained super creatine.

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High Court Won't Hear Dolby's PTAB Interested Party Case

By Ryan Davis

The U.S. Supreme Court on Monday rejected an appeal in which Dolby sought to require Unified Patents to name the interested parties in an unsuccessful patent challenge, leaving intact a Federal Circuit decision that Dolby cannot appeal a validity decision in its favor.

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Supreme Court Won't Review HFC Reduction Law

By Jared Foretek

The U.S. Supreme Court on Monday denied a Georgia refrigerants company's petition to review a 2020 environmental law and subsequent U.S. Environmental Protection Agency regulations requiring an 85% reduction in hydrofluorocarbon consumption by 2036, rejecting a chance to either modify or replace the "intelligible principle" test in nondelegation cases.

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High Court Won't Wade Into Fight Over CBA Leave Provision

By Kellie Mejdrich

The U.S. Supreme Court on Monday turned down a Minnesota teachers union local's bid for review of an Eighth Circuit decision that revived a taxpayer challenge to a collective bargaining agreement's policy letting workers take paid time off to work for their union.

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High Court Leaves Intact Mich. Drone Hunting Restrictions

By Melanie Dorsey

The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

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Justices Won't Review Dispute Over Tax Fraud Deadline

By Kat Lucero

The U.S. Supreme Court declined on Monday to review a woman's challenge against the Internal Revenue Service over the period in which the agency can assess taxes on a taxpayer when a fraudulent third party triggers the liability.

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Texas Asks Justices To Keep App Store Law In Force

By Spencer Brewer

The Texas attorney general urged the U.S. Supreme Court to allow a state law requiring app stores to block minors from downloading apps without parental consent to remain in effect, arguing Monday that a lower court "committed several errors" in pausing the measure.

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Full DC Circ. To Rehear Halt Of Alien Enemies Contempt Probe

By Britain Eakin

The full D.C. Circuit on Monday vacated a split panel ruling halting U.S. District Judge James Boasberg's criminal contempt inquiry into the Trump administration's Alien Enemies Act removals last year, agreeing to rehear the matter.

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FERC Says Texas LNG Project Is 'Environmentally Acceptable'

By Elaine Briseño

The Federal Energy Regulatory Commission defended its continued approval of a liquefied natural gas project in South Texas, telling the D.C. Circuit it had addressed the court's previous concerns by expanding its analysis of the project's polluting effects.

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FCC Turns Away Effort To Repeal News Distortion Rules

By Christopher Cole

After dismissing an advocacy group's petition asking the Federal Communications Commission to reconsider how it enforces its rules against news distortion, agency staff told the D.C. Circuit Monday that it should not grant the advocates' request to force the agency's hand.

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Gov't Says It Should Face Vax IP Claims, Not Moderna

By Tom Lotshaw

The U.S. Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna, for the drugmaker's development and supply of COVID vaccines during the pandemic.

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1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

By Ganesh Setty

The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

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Xinuos Says Judge Wrongly Recast IBM Copyright Fight

By Elliot Weld

A software company told a Second Circuit panel Monday that a New York federal judge had wrongly used her own arguments to recharacterize its copyright infringement claim against IBM into a time-barred ownership claim and give IBM a win.

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3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

By Corey Rothauser

The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

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4th Circ. Says Allied Need Not Cover 'Beer Olympics' Injury

By Jonathan Capriel

A man who claims that he was paralyzed in an auto crash caused by alcohol provided to guests at a "Beer Olympics" party cannot recover from the host homeowners' insurance provider, the Fourth Circuit ruled on Monday, saying the policy's motor vehicle exclusion bars coverage.

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6th Circ. Ties Pot Biz Delays To Bureaucracy, Not A Violation

By Mike Curley

The Sixth Circuit has thrown out a real estate developer's suit against the city of Pontiac, Michigan, and its clerk alleging they violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable, saying the delays were an instance of discretionary actions in bureaucracy, not constitutional violations.

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Brief

Feds Appeal Toss Of Ábrego García Charges

By Tom Lotshaw

The Trump administration said it is appealing a Tennessee federal judge's decision to throw out the human smuggling charges that it brought against Kilmar Ábrego García.

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7th Circ. Clears Hartford In Wire Fraud Coverage Fight

By Lauraann Wood

An Illinois agency that administers financially distressed insurers' estates was correctly denied coverage of its own insurance claim stemming from fraudulent emails that caused employees to wire nearly $7 million away from the agency purportedly at the financial chief's direction, the Seventh Circuit ruled.

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7th Circ. Won't Unblock Fla. Gender Care Suit Amid Appeal

By Lauren Berg

A split Seventh Circuit on Monday refused to pause an Illinois federal judge's preliminary injunction blocking the lawsuit from Florida's attorney general targeting medical groups' policies on youth gender-affirming care while the Sunshine State official appeals.

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9th Circ. Doubts California City's Ban On Off-Site Pot Ads

By Dorothy Atkins

A Ninth Circuit panel expressed doubts Monday about an ordinance in Perris, California, banning off-site advertising by cannabis dispensaries, noting that the city collects taxes on cannabis sales and questioning the city's assertion that cannabis use is illegal under federal law.

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10th Circ. Says Fire Chief Immune From Termination Suit

By Katherine Smith

A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

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Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

By Mike Curley

A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

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Sodexo Can't Wipe Out Worker's Nicotine Fee Suit

By Kellie Mejdrich

A California federal judge refused to toss a Sodexo worker's proposed class action alleging the global food services company wrongly charged nicotine-using employees $1,200 more a year for health insurance, opening discovery on allegations that a wellness program implementing the surcharge didn't meet all federal requirements.

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Uber Must Produce Docs In Cal/OSHA Probe Of Driver's Death

By Y. Peter Kang

A California appeals court has ordered Uber to comply with a state workplace safety agency's request for information regarding an Uber Eats driver's fatal fall, ruling the agency was acting within its authority and can demand records regarding whether the worker could be considered an employee.

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Fla. Court Vacates US Rep.'s Contempt For Flipping The Bird

By Carolina Bolado

A Florida appeals court has vacated a contempt finding for Rep. Randy Fine, R-Florida, after he allegedly flipped off an opposing party during a virtual hearing, finding that the trial court should have let Fine's attorney have a break to prepare a written motion to disqualify the judge.

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Fla. Panel Revives Malpractice Suit Over Sex Offender Error

By David Minsky

A Florida appellate court panel revived a man's malpractice lawsuit alleging his public defender failed to investigate whether he was required to register as a sex offender, finding the attorney hadn't shown he was entitled to summary judgment. 

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Atty's Bid To Void Wrongful Firing Award Revived

By David Minsky

A Florida appellate court revived an attorney's attempt to invalidate a nearly $353,000 award handed to a former employee in her wrongful termination case, ruling that the lawyer was entitled to challenge the judgment without satisfying the stay requirements under the state's Enforcement of Foreign Judgments Act. 

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Jury Instruction Undercut Self-Defense Claim, Fla. Court Says

By Parker Quinlan

A Florida appeals court has overturned a man's convictions and sentence for third-degree murder and attempted felony murder, finding that a jury instruction made it impossible for him to successfully mount a self-defense argument after he killed a man during a botched drug deal.

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Pa. Landowner Not Entitled To Approval Of Factory On Spec

By Matthew Santoni

The developer of a proposed industrial facility in Northampton County, Pennsylvania, was not entitled to zoning approval if it could not identify a future tenant, a state appellate court ruled Monday.

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Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

By Mike Curley

A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

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NJ Appeals Court Affirms U-Haul Win In Atty Slip-And-Fall Suit

By Jonathan Capriel

An attorney who slipped while exiting a moving truck, falling on his face and breaking bone and teeth, cannot undo a jury verdict for U-Haul, a New Jersey appeals court ruled Monday, saying the lower court properly rejected his bid for a pretrial win.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

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Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

By Kelcey Caulder

A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

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Mich. Appeals Court Affirms $3M Award In Equity Dispute

By Susan Smiley

The Michigan Court of Appeals upheld a $3 million award to a former employee of a wealth management company, saying Monday that enough evidence supported a jury's finding that CIG Capital Advisors deliberately misled the plaintiff about his ownership status and diverted revenue to hide profits.

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Mich. Court OKs Conviction Of Man Who Filmed Traffic Stop

By Melanie Dorsey

A self-described First Amendment auditor who filmed a traffic stop has had his obstruction conviction upheld by a Michigan appeals court, which ruled that the right to record police did not allow him to ignore officers' lawful commands to keep a safe distance.

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Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

By Rachel Konieczny

The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

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Md. Voters Can't Weigh In On Data Center Zone, Judge Rules

By Lauren Berg

Voters in Frederick County, Maryland, will not be able to have a say on a data center development zone, a state judge ruled in an order docketed Monday, agreeing with developers that under the county's charter, an ordinance is not a law subject to referendum.

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Mass. Justices Approve Ballot Question On Open Primary

By Julie Manganis

A ballot question proposing to replace Massachusetts' party-based primary election system with an open primary may go to voters in November, the state's highest court said Monday.

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Quinn Emanuel 'Star' Atty Named Appellate Co-Chair

By Tracey Read

A Quinn Emanuel Urquhart & Sullivan LLP partner who has handled appeals of high-profile clients including Elon Musk and Jay-Z has been named national appellate practice co-chair, the firm announced Monday.

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Opinion

Md., Colo. Climate Rulings Point To Need For Federal Solution

As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

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Securities Class Cert., 5 Years After Goldman Ruling

The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

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Recent Cases Clarify When Risk Disclosures Trigger Liability

Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

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Attorney Reprimanded In $256M Defamation Case

By Rachel Rippetoe

A former Conrad & Scherer LLP managing partner must pay an Alabama coal company's attorney fees after being publicly reprimanded by an Alabama federal judge, who found he lied to the court and paid witnesses to change their testimony in his repeated lawsuits against the company.

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NJ Firm Accused Of 'Double-Dipping' On Pelvic Mesh Fees

By Daniel Connolly

Four women allege in a recently filed lawsuit that a New Jersey law firm overcharged them on legal fees related to a settlement in pelvic mesh litigation, and the recent lawsuit also relates to a long-running conflict between lawyers who formerly worked together.

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Blanche, Pirro Can't Be DQ'd From Trump DC Shooting Case

By Craig Clough

A D.C. federal judge held Monday that the man accused of attempting to assassinate President Donald Trump at the White House Correspondents' Association dinner can't disqualify U.S. Attorney Jeanine Pirro and acting Attorney General Todd Blanche from prosecuting him because of their presence at the dinner.

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