Try our Advanced Search for more refined results
Appellate
-
June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
-
June 24, 2024
LA Schools Says Pseudoscience Infected 9th Circ. Vax Ruling
The Los Angeles Unified School District said Friday that a split Ninth Circuit panel leaned on pseudoscience when ruling that a rescinded employee COVID-19 vaccination mandate implicated the right of district employees to refuse medical treatment, urging an en banc panel to correct the "fatally flawed" decision.
-
June 24, 2024
Mars Beats Dove Chocolate False Ad Suit At 9th Circ.
The Ninth Circuit affirmed the dismissal Monday of a proposed class action claiming that a Mars subsidiary falsely advertised its Dove dark chocolate products as being made without using child slave labor or contributing to rainforest deforestation, finding that the candy packages' "Rainforest Alliance Certified farms" labeling isn't misleading.
-
June 24, 2024
Mich. Justices Take Up Young Adults' Life Sentence Challenge
Michigan's top court will weigh whether the state's mandatory life sentence for murder is unconstitutional when applied to young adults, after 19- and 20-year-olds argued that a 2022 precedent banning the punishment for 18-year-olds should extend to them.
-
June 24, 2024
8th Circ. Sides With Minn. DOT In Injured Worker's ADA Suit
The Eighth Circuit on Monday backed the Minnesota Department of Transportation in a suit by a former mechanic who alleged the agency discriminated against him after an on-the-job injury, finding MNDOT reasonably showed that he could not do the work of his prior position.
-
June 24, 2024
Pipe Co. Seeks Full Fed. Circ. Redo Of Thai Pipe Duty Review
A pipe company asked the full Federal Circuit to unwind a panel ruling broadening a decades-old anti-dumping duty order on Thai pipe, saying the panel mistakenly expanded the levy to cover more imports than allowed under federal trade law.
-
June 24, 2024
9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver
The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.
-
June 24, 2024
9th Circ. Won't Revive Ex-Uber Driver's Bias Suit
An Asian man who previously drove for Uber didn't provide enough information in his proposed class action to support his claim that the ride-hailing platform's use of customer ratings when making decisions to drop drivers had a "significant disparate impact" on non-white drivers, the Ninth Circuit said Monday.
-
June 24, 2024
Wage Law Doesn't Apply To $32M In PPE Sales, NJ Panel Says
An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.
-
June 24, 2024
DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker
The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.
-
June 24, 2024
Ex-NJ Corrections Official Can't Revive Demotion Bias Suit
A New Jersey state appellate court on Monday refused to reinstate a lawsuit against the state's Department of Corrections alleging it demoted a former deputy commissioner because she was in her 60s and underwent a hip replacement, saying the agency's commissioner was free to make personnel decisions.
-
June 24, 2024
Julie Chrisley To Be Resentenced, But Convictions Stand
The Eleventh Circuit on Friday upheld the tax evasion and fraud convictions of former reality TV stars Todd and Julie Chrisley, but ordered a Georgia federal judge to resentence Julie Chrisley after finding that the judge failed to fully explore her discrete role in the $36 million scheme.
-
June 24, 2024
NC Justice's Politician Dad Doesn't Merit DQ, Lawmakers Say
North Carolina Supreme Court Justice Phil Berger Jr. should not recuse himself from a constitutional challenge concerning the governor's appointment powers merely because his father is president pro tem of the state Senate, top lawmakers argue.
-
June 24, 2024
Suit Over Medical Screws Filed Too Late, Texas Panel Finds
A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.
-
June 24, 2024
NJ Atty Suspended 3 Years For Unauthorized Practice Of Law
A New Jersey attorney has been suspended from practicing law for three years after she continued to represent clients and mishandle sensitive matters while she was suspended for similar conduct in 2019, according to a New Jersey Supreme Court order.
-
June 24, 2024
Mich. High Court Denies Officers' Judge-Shopping Appeals
A divided Michigan Supreme Court has rejected the appeals of three police officers facing charges related to a traffic-stop assault who complained that their cases should not have been handed to a new judge mid-prosecution.
-
June 24, 2024
High Court Won't Take Up Michigan Tribal Tag Dispute
The U.S. Supreme Court on Monday declined to take up a petition by a Native American man seeking to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions stemming from a dispute over tribal-licensed tags.
-
June 24, 2024
Pa. Court OKs $3.65M Deal On Student Loan 'Pay-To-Pay' Fees
A Pennsylvania federal judge said Monday that she would give her final approval to a $3.65 million settlement of claims that loan servicer Educational Computer Systems Inc. had improperly charged payment fees on hundreds of thousands of federally-backed student loans.
-
June 24, 2024
No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms
The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.
-
June 24, 2024
Justices' Removal Notice Decision Unwinds 3 Migrants' Wins
The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.
-
June 24, 2024
High Court Passes On Religious Webcasters' Royalty Hike Suit
The U.S. Supreme Court refused Monday to review the federal Copyright Royalty Board's latest hike in royalty rates webcasters must pay to play audio recordings, turning away a radio trade group's appeal challenging one of the increases on religious freedom and administrative procedure grounds.
-
June 24, 2024
Justices Pass On Conn. School Vaccine Mandate Fight
The U.S. Supreme Court on Monday declined to review a Second Circuit decision that largely upheld the dismissal of a suit challenging a Connecticut law passed during the COVID-19 pandemic that revoked religious exemptions to student vaccine mandates.
-
June 24, 2024
6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit
The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.
-
June 24, 2024
3rd Circ. Seems Ready To Send Experian Row To Arbitration
A Third Circuit panel on Monday appeared poised to send a Fair Credit Reporting Act lawsuit against Experian to arbitration, questioning whether a plaintiff's dispute over applying an arbitration agreement with an Experian-related credit-monitoring service fell under the "scope" disputes that would also get decided by an arbitrator.
-
June 24, 2024
Justices Won't Hear Atty's Appeal Of DQ From Product Case
An attorney who allegedly made false statements about a magistrate judge that subsequently got him booted as plaintiff's counsel in a suit against a handheld torch manufacturer can't appeal his disqualification after the Supreme Court declined to review his bid Monday.
Expert Analysis
-
Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
-
The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
-
Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
-
CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.
-
2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
-
When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
-
Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
-
In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
-
Navigating Title VII Compliance And Litigation Post-Muldrow
The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.
-
How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
-
Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
-
Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
-
Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
-
Novel Applications May Fizzle After Fed Master Account Wins
Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.
-
Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.