Appellate

  • November 07, 2024

    Flagstar Customer Asks 6th Circ. To Revive Overdraft Fee Suit

    A Flagstar Bank customer has urged the Sixth Circuit to revive her class claims alleging the bank charged surprise overdraft fees, arguing that a Michigan district court failed to follow the "settled rules" dictating that ambiguous contract terms should be interpreted against the drafter.

  • November 07, 2024

    11th Circ. Affirms Judgment Against Fired Ga. Tech Coach

    The Eleventh Circuit declined to revive longtime women's basketball coach MaChelle Joseph's discrimination and retaliation claims against Georgia Tech, concluding Thursday that Title IX does not provide an implied right of action for sex discrimination in employment.

  • November 07, 2024

    ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win

    The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.

  • November 07, 2024

    9th Circ. Finds No Jurisdiction In LG Chem Battery Suit

    The Ninth Circuit upheld the dismissal of a suit against LG Chem Ltd. over a lithium-ion battery used in an e-cigarette that allegedly burned a California man, finding that the lower court was correct in holding that it had no jurisdiction over the case.

  • November 07, 2024

    Fed. Circ. Questions Expert's Background In 4G Patent Case

    A Federal Circuit judge suggested Thursday that the court might vacate a Patent Trial and Appeal Board decision partly invalidating a Sisvel 4G wireless patent challenged by Honeywell and others, saying the board relied on an expert who may not have the necessary qualifications.

  • November 07, 2024

    Net Neutrality Foes See 6th Circ. Clearing Path To End Rules

    Recent arguments in the Sixth Circuit over the Federal Communications Commission's controversial net neutrality restrictions didn't give a definitive indication of how judges will decide the issue, but the rule's opponents are buoyed by questions that appeared at times to lean in their favor.

  • November 07, 2024

    Sutter Health Could Face Retrial On Antitrust Claims In March

    Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.

  • November 07, 2024

    Wash. High Court Picks Stephens As Next Chief Justice

    Washington State Supreme Court justices voted Wednesday to elevate Debra L. Stephens as the court's next chief justice, with the change set to take effect in January.

  • November 07, 2024

    Alaska Flyers Lodge Emergency 9th Circ. Bid To Halt Merger

    Flyers and travel agents hoping to block Alaska Airlines' $1.9 billion merger with Hawaiian Airlines are asking the Ninth Circuit for an emergency halt to any further integration between the companies while they appeal a district court's dismissal of their suit, telling the judges consumers will be hurt if the merger continues.

  • November 07, 2024

    Teamsters Tell 10th Circ. To Nix Yellow's Contract Claims

    The Tenth Circuit must uphold a district court's decision to dismiss Yellow Corp.'s $137 million lawsuit against the Teamsters, the union said, arguing the business didn't exhaust the grievance process under a contract and can't claim that making such an effort would have been pointless.

  • November 07, 2024

    Fla. Counties Say Notice Was Insufficient In $5B Bond Deal

    A group of Florida counties and tax collectors asked the Florida Supreme Court Thursday to reverse a decision that found they could not reopen a bond validation judgment issuing $5 billion in bonds for renewable energy and hurricane mitigation projects, arguing they were not given proper notice of the bond validation hearing.

  • November 07, 2024

    7th Circ. Sends Refuge Power Line Fight Back To Wis. Judge

    A Seventh Circuit panel scrapped stayed preliminary injunctions that temporarily blocked a power transmission line from crossing the Upper Mississippi River National Wildlife and Fish Refuge, directing a Wisconsin federal judge to determine if conservation groups' request for permanent relief is warranted or even possible with the line now built.

  • November 07, 2024

    11th Circ. Revives Project Veritas' CNN Defamation Suit

    The Eleventh Circuit reversed the dismissal of Project Veritas' defamation lawsuit against CNN on Thursday, saying the group's claim was plausibly alleged against the news network over an anchor's on-air characterization of why the organization was suspended from Twitter, the social media website now named X.

  • November 07, 2024

    Ariz. Textile Launderer Denied Manufacturing Tax Break

    An Arizona company that launders, sanitizes and rents textiles to the healthcare industry was correctly denied a use tax exemption because it was not a manufacturing or processing operation eligible for the break, an Arizona appeals court said Thursday.

  • November 07, 2024

    Tribes Make New Push For Voter Access And Representation

    Facing long-standing barriers to voting access and a spate of close races, Native Americans ramped up efforts this election cycle to encourage voter turnout, elect Indigenous candidates and highlight the absence of issues affecting Indian Country on the national stage — with mixed results.

  • November 07, 2024

    Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute

    The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.

  • November 07, 2024

    11th Circ. Backs Bombardier In Mechanic's Race Bias Suit

    The Eleventh Circuit upheld a Bombardier unit's win Thursday in a retired Black worker's suit claiming he was forced to leave his mechanic role because of the racism he experienced on the job, finding he hadn't alleged any mistreatment serious enough to sustain his case.

  • November 07, 2024

    Mass. Court Affirms Nix Of Property Tax Appeal Citing Blight

    A Massachusetts homeowner's request for a property tax abatement because of local blight was properly rejected by a state tax board because the owner did not pay the tax at issue as required, the state appeals court ruled Tuesday.

  • November 07, 2024

    NC Court Refuses Law Firm Sanctions In Bankruptcy Fee Fight

    A North Carolina business bankruptcy law firm and its founder have escaped sanctions for allegedly lying to a trial court about its communications in a fee dispute, as a state appellate court said the former client's sanctions motion must fail as a matter of law because he "unreasonably delayed" filing it.

  • November 07, 2024

    Feds Say Fla. Atty Can't Shake COVID Relief Fraud Conviction

    In a case involving a Florida lawyer serving a 75-month sentence for a COVID-19 loan fraud scheme, federal prosecutors are arguing that the trial judge was correct to allow a witness to testify that the defendant had talked about having another co-conspirator killed.

  • November 07, 2024

    Louisiana Says EPA Usurped State Power In Pollution Row

    The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency. 

  • November 07, 2024

    NC Panel Affirms Axing Sex Abuse Suit As Sanction For Delay

    A North Carolina appeals panel found in a precedential ruling that a trial court was right to toss a man's sex abuse suit against the Roman Catholic Diocese of Raleigh as an appropriate sanction for his counsel having "deliberately and unreasonably delayed service of process." 

  • November 07, 2024

    Trump's Victory Muddles NY Sentencing: 'No Playbook Here'

    The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.

  • November 06, 2024

    Judiciary Panel Spurns Broadcasts, But More Pressure Looms

    Despite support from a jurist who televised a mass murderer's trial, the lead rulemaking body for federal criminal cases voted Wednesday against loosening limits on courtroom broadcasts, but members exchanged sharply conflicting views and predicted that digital age pressure will keep rising.

  • November 06, 2024

    Chicago Pol Urges Narrow Reading Of False Statement Law

    The U.S. Supreme Court should narrowly interpret the federal statute barring people from using false statements to influence certain financial institutions because backing the government's broad reading could expose borrowers to criminal liability that was never intended, former Chicago alderman Patrick Daley Thompson argued Wednesday.

Expert Analysis

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

  • Can SEC's Consolidated Audit Trail Survive Post-Chevron?

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    The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.

  • 'Minimum Contacts' Issues At Stake In High Court FSIA Case

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    In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.

  • 2nd Circ. American Girl Ruling Alters Test Purchase Norms

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    The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2 Rulings Show How Courts Assess Health Benefit Denials

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    Two recent decisions from federal appeals courts offer important insights into how courts are assessing denials of health benefit claims brought under the Employee Retirement Income Security Act, including guidance on how plan administrators should evaluate claims and what documents must be disclosed, says Mark DeBofsky at DeBofsky Law.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Sublimit And Policy Interpretation Lessons From Amtrak Case

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    The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.

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