Appellate

  • October 22, 2024

    Dormant Commerce Blocks Wash. Licenses, 9th Circ. Told

    Would-be cannabis dispensary Peridot Tree WA Inc. has urged the Ninth Circuit to reverse orders denying an injunction and dismissing its suit challenging Washington's social equity licensing program, saying it violates the dormant commerce clause by favoring in-state operators.

  • October 22, 2024

    Pa. Casino Must Face Suit Over Hand Sanitizer Slip-And-Fall

    A Pennsylvania appeals court on Tuesday revived a woman's slip-and-fall suit against the owners of a Mount Airy casino, saying the evidence in the case can lead a jury to find that the company was negligent in installing hand sanitizer stations meant to address the COVID-19 pandemic over a marble floor.

  • October 22, 2024

    1st Circ. Says 'Discrepancies' Doom Guatemalan's Asylum Bid

    The First Circuit put to rest a bid for removal protection by a Guatemalan man who claimed he feared being sent home, pointing to "glaring discrepancies" between his written and oral testimony that the court said marked the end of his removal fight.

  • October 22, 2024

    Tribe, Feds Reach Deal Over National Preserve Site

    The federal government, joined by the Pueblo of Jemez, called on the Tenth Circuit to amend its March 2023 ruling granting the tribe title to a portion of the Valles Caldera National Preserve after the parties reached a settlement agreement concerning how the title will be effectuated.

  • October 22, 2024

    Neb. Tribe Appeals Ruling To 4th Circ. In Army Burial Row

    A Nebraska tribe will ask the Fourth Circuit to overturn a lower court's decision that determined that the U.S. Army isn't required to repatriate the remains of two Indigenous children from an Indian Boarding School cemetery in Pennsylvania, arguing that the ruling is an affront to tribal sovereignty.

  • October 22, 2024

    NJ Justices Cast Doubt On Out-Of-State Atty Referral Fee Ban

    New Jersey Supreme Court justices on Tuesday sounded skeptical of an ethics rule change that would ban certified attorneys from paying referral fees to out-of-state lawyers, questioning an advisory panel's conclusion that such fees represent an authorized payment for legal services.

  • October 22, 2024

    SunTrust Argues Overdraft Fees Didn't Violate Ga. Usury Law

    SunTrust Bank urged the Georgia Court of Appeals on Tuesday to overturn a trial court's denial of summary judgment in a decade-long class action alleging the bank's overdraft fees were unlawful interest charges that violated the state's usury laws, arguing courts overwhelmingly agree that the fees are not interest.

  • October 22, 2024

    Judge Whose Son Was Killed Says States Must Step Up Safety

    U.S. District Judge Esther Salas of New Jersey, whose son was killed at her home by an attorney who had litigated a case before her, says the federal law enacted in her late son's honor is working well, but more needs to be done on the state level.

  • October 22, 2024

    11th Circ. Knocks Class Cert. In Emory COVID Refund Suit

    An Eleventh Circuit panel vacated and remanded a Georgia federal judge's certification of a proposed class of tuition payers in a parent's lawsuit seeking refunds for Emory University's switch to remote learning during the pandemic.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 22, 2024

    Ga. Top Court Says State Trooper Can Pursue Wage Suit

    The Georgia Supreme Court on Tuesday refused to upend a decision finding the Georgia Department of Public Safety waived its immunity from a state trooper's unpaid overtime suit, but sent the case back to the trial court to determine if the department breached federal law.

  • October 22, 2024

    DraftKings, Former Exec Eye Settlement Over Noncompete

    DraftKings and a former vice president accused of violating a noncompete agreement by jumping to competitor Fanatics are attempting to settle their differences, according to a Tuesday filing in Massachusetts federal court.

  • October 22, 2024

    11th Circ. Nixes $440M Win For Dock Co. In Cuba Port Row

    The Eleventh Circuit on Tuesday tossed a $440 million judgment for Havana Docks Corp. in its suit accusing luxury cruise companies of wrongly docking at its terminal — which the Cuban government seized decades ago — with the appellate panel reasoning the company no longer had a stake in the pier. 

  • October 22, 2024

    Ex-Ga. Insurance Commissioner Gives Up Law License

    Georgia's justices accepted John Oxendine's voluntary surrender of his law license on Tuesday, months after the former state insurance commissioner was sentenced to prison for his role in a multimillion-dollar medical testing kickback scheme.

  • October 22, 2024

    Ga. Justices Toss Young Thug Atty's Contempt Conviction

    The Georgia Supreme Court on Tuesday threw out the contempt conviction of the attorney representing the rapper Young Thug over the lawyer's refusal to disclose how he learned about a judge's closed-door meeting with prosecutors and a witness, saying that judge was "involved in the controversy" and thus should not have handled the contempt hearing.

  • October 21, 2024

    ​​​​​​​Cox Asks Justices To Nix Sony's $1B Music Copyright Appeal

    Cox on Monday urged the U.S. Supreme Court to reject Sony and other music publishers' bid to reinstate a $1 billion damages award undone by the Fourth Circuit, arguing it can't be penalized for internet piracy because continuing to provide an internet connection is not profiting off copyright infringement.

  • October 21, 2024

    Mazda Buyers Ask 9th Circ. To Revive Water Pump Defect Suit

    Counsel for a group of Mazda vehicle owners urged the Ninth Circuit on Monday to reinstate their putative class action alleging that Mazda sedans and SUVs contain a design defect that results in leaky water pumps, saying a district court judge wrongly found fault with their engineering expert's report and tossed the case.

  • October 21, 2024

    Nissan Fights Uphill To Undo Cert. In Sunroof Defect Fight

    Ninth Circuit judges on Monday doubted Nissan's bid to undo an order certification of a class of drivers who allege the Japanese carmaker sold vehicles with panoramic sunroofs that are prone to shattering, telling Nissan's counsel the appeal appears to challenge the claims' merits, and not whether they could be resolved classwide.

  • October 21, 2024

    Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo

    Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."

  • October 21, 2024

    2nd Circ. Axes Claims Victoria's Secret Mogul Aided Epstein

    The Second Circuit on Monday refused to revive a suit accusing billionaire developer and Victoria's Secret tycoon Leslie Wexner, his wife and four of their organizations of facilitating Jeffrey Epstein's sexual assault of a minor, finding the appeal improperly raised new arguments.

  • October 21, 2024

    9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death

    A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.

  • October 21, 2024

    Disbarred Conn. Atty Owed $52K In Fees, Appeals Court Told

    An attorney disbarred for making false claims in a judicial recusal motion is seeking $52,100 in fees derived from a State Farm car accident settlement and various other sources, telling the Connecticut Appellate Court on Monday that a trial judge improperly weighed the fees during her later discipline case.

  • October 21, 2024

    NJ Transit Keeps Win In Suit Over Worker Assault

    A New Jersey state appeals court has tossed a lawsuit alleging that New Jersey Transit Rail Operations Inc. failed to prevent a homeless woman from attacking an agency electrician at a subway station, saying there was insufficient evidence the agency violated any standards regarding reasonably safe workplace conditions.

  • October 21, 2024

    NC Justices Revive Challenge To Hospital Competition Law

    The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.

Expert Analysis

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage

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    The Seventh Circuit's recent decision in Thermoflex Waukegan v. Mitsui Sumitomo Insurance, holding that the access or disclosure exclusion applies to insurance claims brought under the Illinois Biometric Information Privacy Act, departs from the majority rule and opens the door to insurers more firmly denying coverage under general liability policies, say attorneys at Perkins Coie.

  • Tricky Venue Issues Persist In Fortenberry Prosecution Redo

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    Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • 1st Gender Care Ban Provides Context For High Court Case

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    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • Series

    After Chevron: FCC And Industry Must Prepare For Change

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    The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.

  • Series

    After Chevron: Uniform Tax Law Interpretation Not Guaranteed

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    The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Opinion

    'Trump Too Small' Ruling Overlooks TM Registration Issues

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    The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

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