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Appellate
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July 15, 2024
Mogul's Co. Drops Bid To Stop Insurer's Liquidation
A company owned by convicted insurance mogul Greg Lindberg wants to end a fight against North Carolina's liquidation of an insurer, saying that it desires to withdraw its case in the state Court of Appeals.
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July 15, 2024
NHTSA Fuel Economy Suits Consolidated In 6th Circ.
Eight separate legal challenges to the U.S. Department of Transportation's newly finalized fuel economy standards for passenger cars and light trucks have been consolidated in the Sixth Circuit, the Judicial Panel on Multidistrict Litigation said Friday.
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July 15, 2024
4th Circ. OKs No Hardship Finding In Mexican Man's Removal
A Fourth Circuit panel on Monday rejected a petition from a Mexican citizen seeking to halt his removal from the United States, ruling that the Board of Immigration Appeals was right to find that his petition fell short of the extreme hardship standard necessary to prevent removal.
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July 15, 2024
Split 2nd Circ. Nixes Surgeon's Default In Sex Assault Case
A split panel of the Second Circuit said a Connecticut surgeon should have been fully freed from the default judgment against him in a sex assault suit after a jury concluded his accuser failed to prove the assault happened, with one judge dissenting Monday that parts of the default ruling should remain.
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July 15, 2024
North Carolina Cases To Watch In 2024: A Midyear Report
The second half of 2024 will see the North Carolina Business Court tackle media rights in one of the country's largest collegiate athletic conferences while state justices weigh the scope of hospital immunity under the Tar Heel State's COVID-19 emergency law.
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July 15, 2024
Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024
A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.
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July 15, 2024
8th Circ. Revives Cop's Biased Transfer Suit After Muldrow
The Eighth Circuit reinstated a St. Louis police officer's suit alleging he was reassigned to a different unit for being straight, reversing its prior decision affirming the dismissal of his suit following a U.S. Supreme Court order loosening requirements the circuit placed on Title VII discrimination claims.
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July 15, 2024
DC Circ. Won't Rethink Revived DOJ Realtor Antitrust Probe
The D.C. Circuit won't reconsider a ruling that allowed the U.S. Department of Justice to reopen an investigation into certain rules and policies of the National Association of Realtors, rejecting the trade group's request that the court correct "far-reaching and exceptionally important" legal errors.
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July 15, 2024
Neoprene Maker Tells 5th Circ. Louisiana Can Stall EPA Rule
A Louisiana neoprene manufacturer is asking the Fifth Circuit to affirm a state regulator's decision to grant the company a two-year extension to comply with a final chemical emissions rule issued by the U.S. Environmental Protection Agency.
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July 15, 2024
6th Circ. Unsure If Philips Glass Pollution Suit Time-Barred
A Sixth Circuit panel considered Monday whether there was any reason to throw out a jury's verdict clearing Philips Electronics of releasing harmful pollution in a Kentucky town, with the judges seemingly leaning different ways on whether the jury properly found the property owners missed their window to sue.
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July 15, 2024
SoulCycle Must Face Suit Over Fall From Exercise Bike
A New Jersey appeals panel on Monday revived a woman's claims against SoulCycle Inc. alleging an instructor's negligence led to her falling from a stationary exercise bike, finding the waivers she'd signed were ambiguous and unenforceable.
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July 15, 2024
Theranos Ex-Exec's Lead Atty Joins Boutique Firm In LA
A former BigLaw attorney who was lead defense counsel for Theranos' former president Ramesh Balwani has joined Los Angeles boutique Foundation Law Group LLP to lead its white collar practice, the firm announced Monday.
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July 15, 2024
Union Fund Asks Justices To Reject Withdrawal Liability Case
A pension fund for the International Association of Machinists urged the U.S. Supreme Court not to disturb its win in a dispute with two employers over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, saying retroactive recalculations are valid.
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July 15, 2024
11th Circ. Affirms Atty Fee Awards In Nursing Home Ch. 7
The Eleventh Circuit found Monday a bankruptcy court didn't abuse its discretion when it awarded attorney fees to Shumaker Loop & Kendrick LLP, Fox Rothschild and a firm that merged with Venable for representing the Chapter 7 trustee in a nursing home operator's insolvency.
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July 15, 2024
Waste Site Ruling Must Be Undone, Nuke Group Tells Justices
The main trade group for the U.S. nuclear industry on Friday urged the U.S. Supreme Court to reverse a Fifth Circuit decision that barred the federal government from licensing a temporary nuclear waste storage facility in Texas, saying the erroneous ruling threatens to upend the industry.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
Rejecting Euthanasia For Pet Not Cruelty, Mass. Justices Say
Massachusetts' top court ruled Monday that a pet owner's decision to bring her ailing 14-year-old cocker spaniel home to die rather than have it euthanized as recommended by a veterinarian didn't qualify as animal cruelty, affirming lower court decisions dismissing the case.
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July 15, 2024
11th Circ. Affirms Yemeni Man's Removal After Marriage Fraud
The Eleventh Circuit has affirmed the removal of a Yemeni citizen who fraudulently claimed he was married to a U.S. citizen, rejecting arguments that he has since legitimately married another U.S. woman who he now supports and that his removal proceedings should have been paused while he pursued other visa options.
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July 15, 2024
11th Circ. Upholds UMiami's Win In Retaliation Suit
The Eleventh Circuit affirmed a Miami federal jury's verdict rejecting claims that the University of Miami fired a compliance officer for his refusal to close an investigation into the college's alleged Medicare overcharging, ruling that the officer had "invited" the jury instruction on which he based his appeal.
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July 15, 2024
Trump Classified Docs Case Canned Over Special Counsel Law
A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Del. Court Finds 1 Of 6 Bylaws Invalid But All Unenforceable
Only one of six contested advance-notice bylaws that Florida pharma company AIM Immuno Tech Inc. adopted in response to an activist shareholder's proxy contest is actually invalid but none remain enforceable because the board adopted them primarily to thwart the shareholder's challenge, Delaware's Supreme Court has ruled.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
NC Justices Asked To Take Up 'Double Odor' Pot Test Appeal
Police should not be able to establish probable cause to search a vehicle based on the smell of cannabis and a perceived "cover scent," such as cologne, according to a petition filed to the North Carolina Supreme Court which described this kind of conduct as a "stealthy encroachment" on constitutional rights.
Expert Analysis
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.