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Appellate
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October 16, 2024
Fraud Probe Spoils Crop Insurance Case, 6th Circ. Rules
A Sixth Circuit panel on Tuesday affirmed dismissal of two Michigan farmers' claims against the federal government and a private crop insurer over claims of loss that have been stuck in limbo during a crop-insurance fraud investigation.
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October 16, 2024
NY Urges Sotomayor Not To Block Broadband Price Cap Law
New York is fighting the telecommunications industry's effort to halt its new law capping broadband prices for low-income residents, telling U.S. Supreme Court Justice Sonia Sotomayor to reject a petition that would stay the law's implementation pending a forthcoming certiorari bid challenging the law.
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October 16, 2024
AAM, Alvogen Back Sun Pharma In Double Patenting Row
A trade group representing generic-drug makers, a generic-drug company and a plant-breeding technology business have all thrown their support behind Sun Pharmaceutical Industries' bid for the full Federal Circuit to take a closer look at the issue of double patenting.
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October 16, 2024
Fed. Circ. Restores Patent Fight Between LED Light Cos.
A small Utah company that claims to have developed novel LED lights persuaded the Federal Circuit on Wednesday to keep its patent lawsuit alive after a Los Angeles judge used an "improper construction" of words to allow a different company that sells light bulbs to slip out of the suit.
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October 16, 2024
Fed. Circ. Affirms Samsung's PTAB Wins Over LED Patents
The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's decision to invalidate the vast majority of two Lynk Labs LED patents, but wasn't ready to address a larger issue from a third, related case.
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October 16, 2024
Trump Mostly Denied 'Speculative' Jan. 6 Document Bids
A D.C. federal judge on Wednesday largely denied Donald Trump's request for documents from a slew of federal agencies as he defends against election interference charges, calling the motion mostly "speculation."
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October 16, 2024
EPA Defends Rejection Of Smog Rule Reconsideration Pleas
The U.S. Environmental Protection Agency told the D.C. Circuit it reasonably rejected petitions by U.S. Steel Corp. and Hybar LLC to reconsider its so-called Good Neighbor Plan to curb cross-state ozone pollution after courts stayed the rule for some affected states.
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October 16, 2024
DC Circ. Urged To Let Feds Fix Pipeline Safety Rules
A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.
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October 16, 2024
Bipartisan Judgeships Bill In House Keeps Gaining Support
A Republican on the House Judiciary Committee on Wednesday urged the House to pass his bipartisan bill to add 66 new and temporary judgeships to address the "overwhelming caseloads" in the federal courts.
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October 16, 2024
Prosecutor's Office Seeks Order For NJ AG To Defend It
The Monmouth County Prosecutor's Office urged the New Jersey appellate court Wednesday to order the state attorney general's office to defend and indemnify it in a lawsuit stemming from an internal affairs investigation of a police official.
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October 16, 2024
Justices Won't Block EPA Power Plant Rule
The U.S. Supreme Court on Wednesday rebuffed pleas to block implementation of the U.S. Environmental Protection Agency's latest effort to curb greenhouse gas emissions from power plants while it's being challenged in court, but three justices indicated they had concerns with the rule's legality.
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October 16, 2024
Feds Say EMTALA Trumps Idaho Abortion Ban In Emergencies
A legal fight over a federal law governing emergency medical care and Idaho's strict abortion ban is back in the Ninth Circuit where the federal government argued that the ban conflicts with the federal statute, but only in narrow circumstances requiring emergency abortions to stabilize a pregnant woman.
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October 16, 2024
4th Circ. Affirms Judgment In Foreclosure Bid-Rigging Case
The Fourth Circuit backed a North Carolina federal court and tossed part of an appeal by a real estate company founder and others of a jury verdict that they rigged bids in foreclosure auctions in violation of state and federal antitrust laws.
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October 15, 2024
Would-Be Wash. Justices Butt Heads On High Court's Record
A municipal judge running for an open seat on the Washington State Supreme Court criticized the high court's bench during a candidate forum Tuesday for not doing enough to support trial courts statewide, drawing pushback from both his opponent and a sitting justice who's seeking re-election unopposed.
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October 15, 2024
Qualcomm Milked 'Weak Patents' For Monopoly, 9th Circ. Told
An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.
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October 15, 2024
Uber Faces Scrutiny From NY High Court In Negligence Case
Judges on New York's highest court on Tuesday grilled an Uber attorney over whether the rideshare company violated ethical rules when it failed to omit a user already pursuing a negligence lawsuit against it from an email blast providing notice about an updated arbitration agreement in its terms of use.
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October 15, 2024
10th Circ. Won't Reboot Short Sellers' Suit Against Overstock
In a decision dealing with matters of first impression, the Tenth Circuit on Tuesday declined to revive a hedge fund's proposed class action accusing Overstock.com Inc. and its leadership of manipulating the market when it said it would pay shareholders using cryptocurrency but abandoned the plan to force short sellers into a "squeeze."
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October 15, 2024
10th Circ. Finds Doll Co. Can Bring Copyright Suit In Utah
A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found."
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October 15, 2024
$215M Appeal Could Hinge On Whether Email Changed Deal
An email thread referencing salt standards was not meant to be an enforceable part of a fracking water treatment plant contract, a French water firm told Colorado appellate judges Tuesday in its attempt to avoid a $215 million judgment for breaching those standards.
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October 15, 2024
In Pivot, 5th Circ. Gives CFPB Extension In Exam Policy Case
The Consumer Financial Protection Bureau can take an extra two weeks to file a brief with the Fifth Circuit in its closely watched appeal of a ruling that struck down the agency's anti-bias examination policies, the circuit court has decided.
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October 15, 2024
Tribes, Backers Urge Justices To Take On Oak Flat Dispute
Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.
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October 15, 2024
DC Circ. Is Asked To Revive Nuke Waste Suit
An anti-nuclear advocacy group is urging the D.C. Circuit to reconsider its support for the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico, arguing that the court's ruling contained "material legal errors."
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October 15, 2024
Fla. High Court Declines To Hear Case Of Land-Buying Funds
The Florida Supreme Court refused to hear a lawsuit brought by environmental groups against the state over alleged misspent money from the Land Acquisition Trust Fund that went toward expenses not authorized under a 2014 constitutional amendment, rather than being used to purchase property meant for conservation and recreation purposes.
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October 15, 2024
Fed. Circ. Votes No On Reviving Ballot Machine Patent
The Federal Circuit on Monday shut down an effort to revive language in a patent covering a "ballot marking device" for disabled voters that had been asserted against vote-counting business Smartmatic USA Corp.
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October 15, 2024
Gamers End Challenge Of Microsoft's $69B Activision Deal
Microsoft reached an agreement ending a challenge from a group of gamers targeting its $69 billion deal for Activision Blizzard as a merger challenge from the Federal Trade Commission remains pending at the Ninth Circuit.
Expert Analysis
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Ore. Insurance Litigation Is Testing The Bounds After Moody
Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
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.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
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.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
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.
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How 3 Recent High Court Rulings Could Shape Fintech Policy
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.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
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.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
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.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
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.
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Navigating The Murky Waters Of Patent Infringement Damages
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.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
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.
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Lawyers Can Take Action To Honor The Voting Rights Act
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.