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Appellate
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October 04, 2024
Justices Take Up Straight Worker's Demotion Bias Suit
The U.S. Supreme Court said Friday it will review a discrimination lawsuit by a former Ohio Department of Youth Services worker claiming she was denied a promotion and then demoted for being heterosexual while LGBTQ candidates were advanced.
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 04, 2024
High Court Will Hear TCPA Case Over Online Junk Faxes
The U.S. Supreme Court said Friday it will review whether district courts must follow a Federal Communications Commission ruling that the Telephone Consumer Protection Act does not prohibit junk faxes that are received only via electronic inboxes.
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October 04, 2024
High Court Will Review 5th Circ. Bar On Nuclear Waste Site
The U.S. Supreme Court on Friday said it will review the Fifth Circuit's decision to bar the U.S. Nuclear Regulatory Commission from issuing a license to a temporary nuclear waste storage facility in Texas.
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October 03, 2024
Trump Says Justices' Jan. 6 Ruling Shields Him From Charges
Former President Donald Trump on Thursday told a Washington, D.C., federal judge that charges accusing him of scheming to subvert the 2020 election results cannot stand after the U.S. Supreme Court limited prosecutors' use of an obstruction statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021.
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October 03, 2024
Ill. Top Court Asked To Restore $7B Power Line Permit
Illinois utility regulators on Thursday urged the state's top court to reverse a lower court's decision striking a key permitting decision for part of the $7 billion Grain Belt Express high-voltage transmission line, saying the faulty ruling threatens the legislature's clean energy goals.
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October 03, 2024
UC Regents Sued Over Ban On Undocumented Student Jobs
The University of California has the authority to hire undocumented students to fill campus jobs, but it's refusing to exercise that authority and thus discriminating against thousands of students enrolled at campuses across the state, according to a petition filed in California appellate court.
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October 03, 2024
Drivers Rip GM's Bid For Full 6th Circ. Redo In Emissions Row
A group of drivers on Thursday balked at General Motors' bid to get the full Sixth Circuit to review a divided panel's recent decision partly reviving consolidated litigation alleging the automaker deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were.
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October 03, 2024
'Charlatan' Colo. Clerk Gets 9 Years In Election Breach Case
A Colorado state judge on Thursday called a former county clerk an attention-seeking "charlatan" before sentencing her to nine years behind bars for helping a man get unauthorized access to county voting equipment based on unfounded theories of a stolen 2020 election.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Justices Urged To Ax Google's Ad Tech Subpoena
A South Carolina agency has asked the U.S. Supreme Court to review its challenge of Google's document request in a case accusing the tech giant of monopolizing key digital advertising technology after the Fourth Circuit ruled the agency has to respond.
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October 03, 2024
Full Fed. Circ. Won't Look Into PTAB Estoppel Rule
The Federal Circuit will not reconsider a panel's holding that Patent Trial and Appeal Board rulings can be used to find claims invalid in future U.S. Patent and Trademark Office proceedings.
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October 03, 2024
11th Circ. Rejects Bid To Block Fla. Law Banning Trans Care
The Eleventh Circuit said Thursday it would not reconsider a decision that allowed a Florida law that bans gender-affirming care for transgender minors and restricts it for adults to take effect.
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October 03, 2024
14 States Challenge FCC Over Prison Phone Rate Caps
Fourteen states from Alabama to Virginia have sued the Federal Communications Commission in the Eighth Circuit over regulations it enacted this summer capping prison phone rates.
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October 03, 2024
3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row
An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.
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October 03, 2024
3rd Circ. Backs Added Payout For Late Royal Bank CEO
The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."
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October 03, 2024
Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads
The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
Medical Pot Expansion Effort Notches Win In Ark. High Court
The Arkansas Supreme Court has granted an injunction to the activists behind a ballot measure to expand medical marijuana access and ordered the state's secretary of state to verify signatures submitted by the campaign which he had previously deemed invalid.
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October 03, 2024
Parties Ask For Stay In Title IX Transgender Protection Case
The U.S. Department of Education and Texas have asked a Texas federal judge to stay a case involving a challenge to the agency's new policy enforcing protections for transgender students in Lone Star State schools while the issue gets worked out at the Fifth Circuit in a Thursday motion.
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October 03, 2024
4th Circ. Orders Damages Redo In Metal Worker Benefits Fight
The Fourth Circuit ruled Thursday that a Maryland-based sheet metal manufacturer violated federal benefits law by underpaying contributions it owed to a group of union benefit plans, but said a trial court needs to take another shot at calculating damages.
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October 03, 2024
10th Circ. Denies Gunshot Injury Coverage To Hookah Lounge
The Tenth Circuit backed an insurer's win Thursday against a hookah lounge seeking coverage of underlying litigation over paralyzing gunshot wounds a man suffered in 2019 during a shootout between lounge security guards and an armed patron.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
CFTC Asks DC Circ. To Hasten Election Contract Loss Appeal
The U.S. Commodity Futures Trading Commission pressed the D.C. Circuit to immediately schedule its appeal of a district court's decision to permit KalshiEx's listing of election-based event contracts, which the trading platform is poised to oppose.
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October 03, 2024
Fla. Court Reverses Condos' Win In $1M Contractor Dispute
A Florida appeals court Wednesday reversed a win for three condominium associations in a dispute over $1.4 million worth of mitigation work done on the property after Hurricane Irma, ruling that the contractor did not need to be licensed to do most of the work.
Expert Analysis
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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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.