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Appellate
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February 05, 2025
Cuomo Faces Skeptical Panel In AG Document Lawsuit
Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.
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February 05, 2025
5th Circ. Tight-Lipped At NLRB Constitutionality Arguments
A Fifth Circuit panel gave little indication of its leanings during arguments Wednesday in a key challenge to the constitutionality of the National Labor Relations Board, as an agency attorney urged the appeals court to find SpaceX and other companies had not shown the harm necessary to block agency proceedings against them.
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February 05, 2025
$12M Medical Fraud Suit Doesn't Need Retrial, 5th Circ. Told
A Fifth Circuit panel seemed disinclined to do away with a retrial for a suspect in a multimillion-dollar healthcare fraud scheme after alleged prosecutorial misconduct sank an earlier trial, saying Wednesday that the trial judge's reasoning carries weight.
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February 05, 2025
Justices Asked If Fact Dispute Bars Patent Eligibility Rulings
The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.
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February 05, 2025
Toyota Urges NC High Court To Reverse 'Abusive' Ruling
Toyota and Subaru Corp. are looking to the North Carolina Supreme Court to pull them out of an "impossible corner" they were pushed into by a trial judge overseeing a wrongful death lawsuit stemming from a fatal car crash, arguing on Wednesday that his orders "incentivize" widespread "tactical abuse of discovery."
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February 05, 2025
'Dog Eat Dog' Contract Raises Connecticut Justice's Hackles
A Connecticut Supreme Court justice on Wednesday challenged private equity firm members fighting a former member's trial court victory in a breach suit over the partnership, suggesting that the winner may have had a viable fiduciary duty claim over the "dog eat dog" operating agreement that apparently allows members to "screw" a minority shareholder.
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February 05, 2025
GOP Sens.' Bill Ups Penalty For Protesting Justices' Homes
Five Republican senators introduced a bill on Wednesday that would increase maximum prison sentences for individuals who illegally protest outside the homes of U.S. Supreme Court justices, from the current one-year limit up to five years.
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February 05, 2025
Realty Co. Petitions High Court Over Copyright Fee Dispute
A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.
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February 05, 2025
Crypto Expert Witness Ruling Flouts Precedent, Justices Told
The founder of cryptocurrency service Tornado Cash has asked the U.S. Supreme Court to undo what he called an "unprecedented" order from a Manhattan federal judge to disclose whom he might call as an expert witness at his upcoming money laundering and sanctions-dodging trial.
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February 05, 2025
'Dreamers' Tell 8th Circ. ND Can't Challenge Health Coverage
Deferred Action for Childhood Arrivals recipients have urged the Eighth Circuit to reverse an order blocking a Biden administration rule expanding their rights to Affordable Care Act health insurance coverage, arguing that a lower court erred in finding that North Dakota has standing to sue in the state.
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February 05, 2025
'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules
The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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February 05, 2025
Penn Hospital Says $200M Judgment Imperils Local Care
The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.
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February 05, 2025
Del. Justices Undo Insurance Cap Ruling In Alexion Suit
Delaware's top court has reversed a Superior Court ruling that upheld Alexion Pharmaceuticals' claim to coverage under a $105 million "tower" of insurance for potential stockholder claims in a suit accusing the company of propping up share prices with misleading information.
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February 05, 2025
Palantir Backs Percipient.ai In 'Interested Party' Dispute
Palantir Technologies Inc. and the National Industries for the Blind are both supporting artificial intelligence company Percipient.ai Inc. in a dispute with the U.S. government over who has standing to challenge unlawful federal procurements.
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February 05, 2025
6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims
An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.
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February 05, 2025
Philly Archdiocese Freed From Abuse Suit In New Jersey
New Jersey's highest court has held the Archdiocese of Philadelphia is not subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, ruling there was no evidence the ex-priest was assigned to take the teen on a trip to New Jersey or that the archdiocese was even aware of the trip.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
2nd Circ. Says Xerox Must Arbitrate Union's Benefits Dispute
The Second Circuit upended on Wednesday an order in favor of Xerox in a union's challenge to the company's decision to terminate health benefits for more than 2,000 retirees, saying the parties can arbitrate the dispute despite the collective bargaining agreement, or CBA, between them having expired.
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February 05, 2025
6th Circ. Judge Unsure Of Jury Instruction In Bribery Case
A Sixth Circuit judge seemed skeptical Wednesday of the bribery and racketeering conspiracy standards a jury used to convict former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges in connection with the FirstEnergy bailout scandal, suggesting that all campaign contributions could be called bribery.
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February 05, 2025
Barnes & Thornburg's Immunity Challenged At Ga. High Court
An ex-Barnes & Thornburg LLP client suing a now-retired attorney with the firm over his alleged "split loyalties" in an insurance dispute urged the Georgia Supreme Court on Wednesday to revise its standard for when lawyers can be shielded from legal malpractice claims, arguing two lower courts wrongly killed her suit before trial.
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February 05, 2025
NJ Supreme Court Will Review Immigrant's Wage Case
The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.
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February 05, 2025
Conn. Justices Flag Info Gap In Ex's Fight Over Atty's Pay
A Connecticut Supreme Court panel on Wednesday hinted that fact-finding hearings may be necessary to unravel a feud between local Shook Hardy & Bacon LLP managing partner Robert R. Simpson and his ex-wife over how — or whether — to calculate alimony payments from law firm bonuses under a contested 2013 divorce agreement.
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February 05, 2025
Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms
Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.
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February 05, 2025
Appellate Group Of The Year: Hogan Lovells
Hogan Lovells argued eight cases before the U.S. Supreme Court in 2024, secured key victories for manufacturers of abortion medication and shut down a 21 million-member class action for Google, earning the firm a spot among the 2024 Law360 Appellate Groups of the Year.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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ERISA Ruling Is A Win For DOL Regulatory Authority
In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.