Appellate

  • October 28, 2024

    Cleary Adds Northern Calif. Deputy Criminal Chief As Partner

    The deputy chief of the criminal division of the U.S. Attorney's Office for the Northern District of California has joined Cleary Gottlieb Steen & Hamilton LLP's Bay Area office as a partner in the Americas litigation practice, the firm said Monday.

  • October 28, 2024

    Va. Asks High Court To Reinstate Voter Rolls Purge

    Virginia asked the U.S. Supreme Court on Monday to pause a district court order prohibiting the state from continuing a systematic removal of suspected noncitizens from its voting rolls this close to Election Day, arguing a federal "quiet period" law only protects citizens from last-minute changes to their voting status.

  • October 25, 2024

    5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order

    An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."

  • October 25, 2024

    Entergy Struggles To Challenge FERC Decision At DC Circ.

    The D.C. Circuit is set to decide whether or not utility giant Entergy will be allowed to challenge the Federal Energy Regulatory Commission's rejection of a plan that would change capacity market rules, after finding that it would give Entergy too much market power.

  • October 25, 2024

    NEPA Rail Ruling Backers Flood Justices With Amicus Briefs

    Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.

  • October 25, 2024

    Va. Takes Block Of Voter Purge Program Straight To 4th Circ.

    The state of Virginia lodged an immediate appeal at the Fourth Circuit on Friday after a federal judge said the state can't continue a voter removal program so close to Election Day and must re-register those already purged.

  • October 25, 2024

    2nd Circ. Denies BNP Quick Appeal In Sudan Refugee Suit

    The Second Circuit rejected BNP Paribas SA's attempt to immediately appeal a New York federal judge's May ruling certifying a class of Sudanese refugee plaintiffs in litigation accusing the bank of funding the former Sudan government's human rights violations.

  • October 25, 2024

    Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal

    A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.

  • October 25, 2024

    9th Circ. Backs 7-Year Sentence Over Chip Exports To China

    The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.

  • October 25, 2024

    Fla. Bar Seeks 2-Year License Suspension Against Klayman

    The Florida Bar is asking the state's high court for a two-year license suspension of conservative activist attorney Larry Klayman due to alleged ethical violations in another jurisdiction, saying a more than reciprocal term of punishment is needed in the Sunshine State because Klayman continues to dispute the findings.

  • October 25, 2024

    DC Circ. Could Nix OK Of $8M Equatorial Guinea Award

    The D.C. Circuit on Friday appeared willing to consider nixing enforcement of an $8 million arbitral award against Equatorial Guinea issued in a dispute over an ill-fated hospital operating contract, even as the panel spent much of a hearing focusing on the impact of a decade-old U.S. Supreme Court decision.

  • October 25, 2024

    Shoplifter's Probation Pot Ban Upheld By Mich. Appeals Court

    A Michigan appeals court on Thursday ruled that, notwithstanding the state's legalization of recreational cannabis, a woman who pled guilty to shoplifting violated the terms of her probation by smoking marijuana while it remains federally illegal.

  • October 25, 2024

    Yale, Travelers Beat Conn. Age Bias Appeals

    A Connecticut appeals court on Friday declined to revive claims that Yale University and Travelers Indemnity Co. committed age discrimination with job postings seeking "recent" college graduates, reasoning that the court that threw out the cases properly interpreted state high court precedent.

  • October 25, 2024

    AT&T Unit Continues To Argue FCA Does Not Apply To E-Rate

    Congress could have designed the E-rate program to be distributed by the government using its own money, but it didn't, and that's why reimbursements under the program don't qualify as claims under the False Claims Act, an AT&T subsidiary has told the U.S. Supreme Court.

  • October 25, 2024

    'Open AI' TM Owner Asks 9th Circ. To Nix Injunction

    A man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark urged the Ninth Circuit on Friday to vacate an injunction blocking him from using the "Open AI" mark while his case is pending, arguing he's the mark's senior holder and calling the injunction "extraordinary and unprecedented."

  • October 25, 2024

    VLSI Urges Fed. Circ. To Punish OpenSky After Vidal Didn't

    U.S. Patent Trademark Office Director Kathi Vidal vowed to sanction OpenSky Industries "to the fullest extent of [her] power" for filing a bad faith patent challenge, but then imposed sanctions that, if anything, rewarded the misconduct, VLSI Technology has told the Federal Circuit.

  • October 25, 2024

    Split Mich. Panel Won't Revive Janitor's Burn Injury Suit

    A divided Michigan appellate panel has declined to revive a former manufacturing plant janitor's lawsuit over a workplace explosion that left him severely injured, with the majority saying the case is time-barred by a statute of limitations clause in his employment agreement.

  • October 25, 2024

    Premera Rejection Seems Sparse, 9th Circ. Judges Say

    A Ninth Circuit judge pressed Premera Blue Cross on Friday to defend refusing coverage for a Washington teen's lengthy mental health residential treatment, questioning if the insurer engaged in a meaningful dialogue as required with the youth's family in letters explaining why the treatment was medically unnecessary.

  • October 25, 2024

    Gloves Come Off In Wash. High Court Race As Election Nears

    A high-powered civil litigator vying for an open seat on the Washington State Supreme Court says his municipal judge opponents' expertise is primarily relegated to traffic tickets, as that judge decries the critique as legal snobbery symptomatic of a greater disconnect in the judiciary.

  • October 25, 2024

    State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit

    Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.

  • October 25, 2024

    SEC's Crypto Mining Case Belongs In 10th Circ., Court Hears

    A Utah man accused of defrauding crypto mining investors out of $18 million is hoping for an opportunity to have his case heard before the Tenth Circuit, arguing that the mining equipment is not a security and that the U.S. Securities and Exchange Commission should be forced to drop the suit.

  • October 25, 2024

    2nd Circ. Says Man Can't Challenge Removal Over Atty Failure

    The Second Circuit on Friday denied a man's bid to reopen removal proceedings based on his former attorney's failure to submit important documents, saying the man should have provided evidence supporting his claim of ineffective assistance of counsel earlier.

  • October 25, 2024

    Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday

    In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.

  • October 25, 2024

    Mass. Panel Flips Teacher's Tenure Denial Over Family Leave

    Massachusetts' intermediate-level appeals court on Friday invalidated an arbitrator's denial of tenure to a teacher who took maternity leave during one of her first three years of teaching, ruling that the decision had wrongly penalized her for taking the protected time away from work.

  • October 25, 2024

    5th Circ. Says Immigration Board Defied Haitian's Due Process

    The Fifth Circuit has revived a bid by a Haitian man with a history of mental illness for removal protection, saying the Board of Immigration Appeals violated his due process rights when it ordered unnecessary fact-finding, flouting its own regulations.

Expert Analysis

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling

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    While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How 3 Recent High Court Rulings Could Shape Fintech Policy

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    The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.

  • Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits

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    A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.

  • Series

    After Chevron: New Lines Of Attack For FCA Defense Bar

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    Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Navigating The Murky Waters Of Patent Infringement Damages

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    Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.

  • Series

    After Chevron: Delegation Of Authority And Tax Regulators

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    The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: What Loper Bright Portends For The NLRB

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    While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

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    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • The Fed. Circ. In June: More Liability For Generic-Drug Makers

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    The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.

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