Analysis

High Court Leaves Discovery Rule Question For Another Day

By Ivan Moreno

The U.S. Supreme Court's majority opinion Thursday that plaintiffs in copyright ownership disputes can recover damages past the three-year statute of limitations could lead to an increase in claims for infringing acts that occurred decades before, while leaving uncertainty about whether the so-called discovery rule that widened the time window for claims even exists, according to attorneys.

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3rd Circ. Judge Jordan To Retire In January 2025

By Christine DeRosa

Judge Kent A. Jordan will retire from the U.S. Court of Appeals for the Third Circuit next year after serving on that bench for nearly two decades, Law360 has learned.

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6th Circ. Nominee Sparks Debate Over Blue Slips

By Courtney Bublé

Four judicial nominees were approved by the Senate Judiciary Committee on Thursday, including a Sixth Circuit nominee who has come under fire from Republicans for ethics accusations and whose nomination sparked a larger debate about the lack of blue slips for appellate nominees.

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Justices Say Copyright Damages Can Go Beyond 3 Years

By Ivan Moreno

The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.

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Justices Uphold Civil Forfeiture Standards Amid Abuse Fears

By Katie Buehler

The U.S. Supreme Court ruled Thursday that people whose property is seized during criminal investigations of others aren't entitled to a quicker process to seek its return, even though a majority of justices expressed concerns about the constitutionality of civil forfeiture systems in general.

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Sens. Press Colleagues For Public Defender Funding

By Courtney Bublé

Sen. Peter Welch, D-Vt., a former public defender, led a letter Thursday to Senate appropriators calling for the federal public defender program to receive its full funding request for the upcoming fiscal year. 

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Justices Asked To Weigh In On $1.3B India Award Fight

By Caroline Simson

Shareholders of an Indian satellite communications company are pressing the U.S. Supreme Court to clarify the analysis of a highly technical jurisdictional question as they look to revive their bid to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.

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FTC Urges High Court To Reject Challenge To $5.2M Award

By Katryna Perera

The Federal Trade Commission has urged the U.S. Supreme Court to reject a credit monitoring company's challenge to a $5.2 million refund award the federal agency won on behalf of a class of consumers, arguing the award is authorized under the Federal Trade Commission Act. 

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Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review

By Alyssa Aquino

Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.

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Red States, Electric Co-Ops Challenge EPA Power Plant Rules

By Madeline Lyskawa

Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.

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Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule

By Ali Sullivan

Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.

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Fed. Circ. Judge 'Baffled' By Gov't Args In Boeing Costs Case

By Daniel Wilson

An exasperated Federal Circuit judge on Thursday tore into the government's contention that a disputed cost accounting regulation has no bearing on Boeing's claim that the defense contractor was wrongly barred from offsetting multiple simultaneous accounting changes against each other.

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Fed. Circ. Skeptical Allergan Illegally Extended Exclusivity

By Dani Kass

A Federal Circuit panel seemed doubtful Thursday that a patent covering Allergan's bowel treatment drug Viberzi should have its life cut short based on the expiration date of related patents, in oral arguments over obviousness-type double patenting.

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Fed. Circ. Lifts Ban On Generic Cos.' Bladder Drugs

By Andrew Karpan

The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.

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Fed. Circ. Wary Of Undoing Gilstrap's Toss Of Banking IP Suit

By Nadia Dreid

The Federal Circuit didn't seem convinced Thursday morning that a patent case against online stockbroker TD Ameritrade had been wrongly tossed out of court, with a judge at one point telling banking patent owner Island Intellectual Property that "this is all abstract."

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Lynk Labs Says Tech Group Is Samsung's 'Mouthpiece'

By Adam Lidgett

Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.

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Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides

By Brian Dowling

A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.

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Ex-Pharma Exec Asks 1st Circ. To DQ Judge In Contempt Case

By Julie Manganis

U.S. District Judge Mark Wolf cannot be impartial and must be disqualified from presiding over a criminal contempt trial against a former pharmaceutical executive accused of using an alias to flout a civil judgment, the defendant told the First Circuit in a Wednesday filing.

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3rd Circ. Tears Up Pa. Town's 'Crazy Quilt Of A Sign Ordinance'

By Ryan Harroff

The Third Circuit backed a lower court's decision Thursday holding that a Pennsylvania town's sign ordinance violated the First Amendment by restricting what "personal expression signs" can be posted based on their content — a precedential victory for local Republicans who challenged the rule.

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4th Circ. Chides Insurer For Bid To Escape $5.8M Payout

By Travis Bland

A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.

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4th Circ. Mulls Scope Of Farm Bill In Virginia Hemp Fight

By Sam Reisman

A Fourth Circuit panel on Thursday pushed attorneys for the state of Virginia and a group of hemp companies and customers to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.

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NC Bribery Jury Hears Insurance Chief's Undercover Convo

By Hayley Fowler

Defense attorneys for embattled insurance mogul Greg E. Lindberg on Thursday played recordings to back their assertion that the North Carolina insurance commissioner separated Lindberg from his "trusted advisers" and goaded a bribe, saying he never brought up money until the public official put it on the table.

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AT&T Appeals $57M Fine For Selling Customer Location Data

By Jared Foretek

AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."

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6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

By Tim Ryan

A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

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6th Circ. Judge Doubts GM Drivers Can Revive Emissions Suit

By Carolyn Muyskens

A Sixth Circuit judge suggested Thursday that drivers are second-guessing a U.S. Environmental Protection Agency stamp of approval with their claims that General Motors marketed its Chevrolet Silverado and GMC Sierra vehicles as more eco-friendly than they really were.

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9th Circ. Revives Northrop Retirees' Putative Class Action

By Hailey Konnath

The Ninth Circuit on Thursday once again resurrected a proposed class action accusing Northrop Grumman of misinforming retirees about their pension benefits, ruling that the retirees have plausibly alleged that they received inaccurate benefit statements.

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EPA Defends Factory Farm Water Pollution Regs At 9th Circ.

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Wednesday urged the Ninth Circuit to toss green groups' lawsuit seeking to revive their petition for new, stronger Clean Water Act regulations for large animal feeding facilities.

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11th Circ. Rejects Monsanto's Roundup Suit Redo Request

By Madeline Lyskawa

The full Eleventh Circuit has rejected Monsanto's renewed request for review of a panel's ruling that a Georgia doctor can allege the company failed to warn about cancer risks associated with the use of Roundup weedkiller despite federal pesticide labeling requirements.

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11th Circ. Urged To Reconsider Ruling In Cancer Cluster Case

By Carolina Bolado

A group of Florida families asked the Eleventh Circuit on Thursday to reconsider its decision affirming a jury verdict that found defense contractor Pratt & Whitney was not liable for a cancer cluster near the company's former rocket testing site, arguing that the panel affirmed a legally deficient verdict form.

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Calif. Atty Wins Ruling To Pursue YouTube Defamation Suit

By James Mills

A California state appeals court has revived an Orange County attorney's defamation suit over comments made in a YouTube video regarding her father's affiliation with the Vietnamese Communist party.

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'Love Is Blind' Producer Can't Evade Imprisonment Suit

By Spencer Brewer

A Texas appellate court found Thursday that the producers of the Netflix reality show "Love is Blind" can't fully escape an assault and negligence suit brought by a Season 5 contestant, saying the contestant could keep her claims of imprisonment and negligence in the Lone Star State.

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Houston Firm Can't Escape Litigation Funder's $2M Loan Suit

By Catherine Marfin

A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.

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Fla. Justices Say Widow Is Surviving Spouse Under The Law

By Carolina Bolado

The Florida Supreme Court ruled Thursday that the widow of a mesothelioma victim who married her spouse after his injury can be considered a surviving spouse under the state's Wrongful Death Act.

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NFL Player-Turned-Atty Can't Appeal After Contempt Deal

By Carla Baranauckas

An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.

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Walmart Slips Out Of $1.3M Judgment In Icy Slip-And-Fall Suit

By Jonathan Capriel

A New Jersey state appeals court overturned a jury verdict and $1.3 million judgment awarded to a woman who slipped and fell at a Walmart parking lot, saying the trial judge was required to tell the jury about the state high court's ongoing storm rule.

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Del. Supreme Court Rejects Mid-Case Appeals In Oil Harm Suit

By Jeff Montgomery

Observing a mid-case appeal would "further complicate and delay an already complex litigation," Delaware's Supreme Court has refused to review claims dismissed or retained in an ongoing, potential landmark suit seeking state-level damages for fossil-fuel company emissions tied to climate change.

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Ga. Justices Can't Reach Merits In 'Unprecedented' Map Fight

By Chart Riggall

The Georgia Supreme Court on Thursday tossed a court challenge that temporarily blocked a suburban Atlanta county's unprecedented bid to redistrict itself, while seemingly lamenting that the plaintiffs' lack of a case prevented the court from cracking the constitutional nut at the heart of the litigation.

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Wash. Justices Say HR Managers Can Accept Service For Co.

By Rachel Riley

The Washington State Supreme Court ruled on Thursday that a human resources manager is classified under state law as someone who can receive service on a company's behalf, siding with a personal injury plaintiff in a lawsuit against an Evergreen State nursing home.

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Denver Firm Gets $1.4M Fee For Elijah McClain Settlement

By Rose Krebs

A Colorado appellate court Thursday partially reversed a lower court decision awarding roughly $3.1 million to a Denver firm for its work on behalf of Elijah McClain's family in connection with a $15 million federal litigation settlement, ruling that the firm is only entitled to about $1.4 million.

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What's Notable In JAMS' New Mass Arbitration Rules

The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

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Fostering Employee Retention Amid Shaky DEI Landscape

Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

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At-Large Suspect Charged With Murder Of Lewis Brisbois Atty

By Craig Clough

The Houston Police Department announced Thursday that it has charged a man in connection with the shooting death of Lewis Brisbois Bisgaard & Smith LLP attorney Jeffrey Limmer, although the suspect remains at large. 

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Titan Of The Plaintiffs Bar: Keller Rohrback's Derek Loeser

By Joyce Hanson

Derek Loeser's path to becoming one of the country's sharpest litigators, winning major cases against large corporations including Facebook and Wells Fargo, may very well have started at his family's dinner table when he was young.

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Fla. Justices Let More Law Grads Work Before Admission

By Madison Arnold

Certain graduates of accredited law schools can work for up to 18 months in Florida under the same restrictions as students from law school practice programs after the state Supreme Court ordered a rule change Thursday.

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9th Circ. Says Judge Defied Order To Revive Opioid Case

By Elliot Weld

The Ninth Circuit on Thursday again revived a nearly 7-year-old case against a California doctor for allegedly selling opioid prescriptions and ordered that the case be reassigned, saying the presiding judge had defied the plain language of a previous order to reinstate the indictment.

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Sen. Menendez's 2nd Bribery Trial: All You Need To Know

In the wake of a 2017 mistrial on bribery charges, U.S. Sen. Robert Menendez reaffirmed his dedication to public service and vowed never to stop fighting for the people of New Jersey.

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Daniels Defiant As Trump Atty Attacks Hush Money Account

By Stewart Bishop, Rachel Scharf, and Frank Runyeon

Adult film star Stormy Daniels was defiant on Thursday in the face of a grueling cross-examination by counsel for Donald Trump in the Manhattan hush money trial, who sought to discredit her account of a 2006 sexual encounter with him at a celebrity golf tournament.

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Coverage Recap: Day 10 Of Trump's NY Hush Money Trial

By Frank G. Runyeon

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day 10.

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3rd Circ. Rejects Hunter Biden Gun Appeal, Trial Set For June

By Hailey Konnath

The Third Circuit on Thursday refused to consider Hunter Biden's appeal of three Delaware federal court orders declining to dismiss felony firearm charges against him, an order issued the same day the lower court again refused to toss the indictment and scheduled the trial for June.

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Biden Taps Housing Atty, 2 More For Tax Court

By Anna Scott Farrell

President Joe Biden nominated three attorneys Thursday to serve as judges on the U.S. Tax Court, including a housing attorney who specializes in federal low-income housing tax credits, a legislative counsel for the Joint Committee on Taxation and an IRS attorney.

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Oil Trader Sues BakerHostetler, Alleges Fake CIA Program Con

By Craig Clough

A Swiss-based oil trading company sanctioned last year by the United Kingdom for alleged ties to Russia has sued BakerHostetler in California court, alleging a con man posing as a CIA agent tried to steal control of the company as the law firm vouched for his legitimacy.

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Watchdog Seeks Texas Judge's Recusal In Noncompete Case

By Emily Sawicki

An industry watchdog is calling on U.S. District Judge J. Campbell Barker to step away from the U.S. Chamber's lawsuit in Texas federal court challenging the U.S. Federal Trade Commission's new noncompete rule, citing "ample financial conflicts" including his investments in Amazon, Apple and IBM, two of which are members of the Chamber.

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Texas Court Urged To Keep Alive Judge Romance Suit

By Lynn LaRowe

In a flurry of filings, a former shareholder in an engineering company has pushed a Texas federal court to reject bids to throw out his lawsuit over an ex-bankruptcy judge's secret relationship with a former Jackson Walker LLP attorney.

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Attys Want $102M In Fees In Stock Loan Antitrust Deal

By Sydney Price

Quinn Emanuel Urquhart & Sullivan LLP and Cohen Milstein Sellers & Toll PLLC attorneys asked for $102 million in fees for settling claims from investors that major banks colluded to avoid modernizing the stock loan market, saying the long and complex nature of the case warrants the payout.

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Chancery Tosses Qualcomm Investor's Diversity Suit

By Leslie A. Pappas

A shareholder who sued Qualcomm Inc. for allegedly misleading the public and investors about its efforts to diversify its board has failed to show that the company didn't consider diverse candidates, Delaware's Court of Chancery said Thursday, dismissing the shareholder's case.

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Attys Talk Stress, And Ways Forward, In NJ Wellness Push

By Jake Maher

At a panel sponsored by the New Jersey state judiciary on attorney mental health, current and former lawyers shared their experiences handling the stress of the legal profession.

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