Appellate

  • December 10, 2024

    9th Circ Reverses Cert. In Widow's Allianz Life Insurance Suit

    A unanimous Ninth Circuit panel on Tuesday reversed a lower court decision granting class certification in a case claiming that Allianz LIfe Insurance didn't follow statutorily required notice provisions before denying life insurance claims, saying the lead plaintiff wasn't an adequate representative for the proposed class, among other concerns.

  • December 10, 2024

    BNP Paribas Seeks High Court Appeal In Sudan Refugee Case

    BNP Paribas has urged the U.S. Supreme Court to clarify the standard for permitting immediate appeals of class certifications, arguing the Second Circuit was wrong to deny it such review in a class action accusing the bank of enabling human rights abuses in Sudan.

  • December 10, 2024

    Arb. Award 'Unjust' Enough To Toss? Ga. Justices Ponder

    Justices of Georgia's Supreme Court appeared to agree Tuesday that arbitration of a dispute between a medical provider and its contractor unjustly turned into a one-sided affair, but hesitated to endorse the argument that the issues raised warrant throwing out the arbitrator's $1.75 million award in the contractor's favor.

  • December 10, 2024

    3rd Circ. Reopens White Worker's Bias Suit Against Tech Firm

    The Third Circuit revived a white former manager's lawsuit alleging an Indian information technology company unlawfully favored South Asian job candidates and employees, ruling Tuesday that a trial court was wrong to say his failed attempt to join a separate class action couldn't extend the time limit for his claims. 

  • December 10, 2024

    7th Circ. Questions Reviving Harley-Davidson Warranty MDL

    The Seventh Circuit on Tuesday flagged issues with not only Harley-Davidson's motorcycle warranty but also its customers' antitrust claims against it as the court considered reviving multidistrict litigation claiming the contract constitutes illegal tying. 

  • December 10, 2024

    9th Circ. Upholds $850K Penalty In EPA Fine Suit

    The Ninth Circuit on Tuesday upheld a $850,000 penalty against Multistar Industries Inc. for Clean Water Act violations related to chemical storage, saying it agrees with the Environmental Protection Agency's view that the company was not exempt from the rules for storing hazardous materials.

  • December 10, 2024

    BNSF Railway On The Hook For $2.7M Spinal Injury Verdict

    BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.

  • December 10, 2024

    2nd Circ. Revives Antitrust Suit Over Instagram Algorithm

    A split Second Circuit Tuesday revived defunct app Phhhoto Inc.'s claims that Meta Platforms used anticompetitive means, including an algorithm for Instagram to suppress rival content, to squash its business, finding that Phhhoto adequately alleged Meta's fraudulent concealment of an anticompetitive scheme would stretch out the four-year statute of limitations.

  • December 10, 2024

    Fed. Circ. Says IT Cos. Can't Duck $4K H-1B Petition Fees

    The Federal Circuit on Tuesday rejected software companies' attempt to secure a refund on H-1B visa petition fees for U.S.-based noncitizens, saying the fee is applicable regardless of whether the workers are already in the country or not. 

  • December 10, 2024

    Fed. Circ. Backs PTAB Ruling That Wireless Tech IP Is Invalid

    The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board finding that a mobile communications patent owned by a unit of European patent-licensing company Sisvel was invalid, handing a win to challengers, including Honeywell International and Sierra Wireless.

  • December 10, 2024

    9th Circ. Says Idaho Can't 'Veto' Federal Law In Abortion Row

    The Ninth Circuit seemed poised on Tuesday to turn away fresh arguments from Idaho officials claiming a state abortion ban does not conflict with a federal emergency stabilizing law, after the officials said the federal government can't impose conditions on private hospitals receiving Medicare funds.

  • December 10, 2024

    5th Circ. Asks ATF Where To 'Draw The Line' In Trigger Ban

    A Fifth Circuit panel has pressed the government on how so-called "forced reset triggers" are different from bump stocks, asking where it was supposed to draw the line to determine whether the triggers turn semiautomatic firearms into federally banned machine guns.

  • December 10, 2024

    Kid Climate Activists Ask Justices To Save Twice-Nixed Case

    Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.

  • December 10, 2024

    Great-Grandson Brings Nazi-Looted Art Case Back To Justices

    A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is asking the U.S. Supreme Court to intervene for a second time after the Ninth Circuit again denied his request.

  • December 10, 2024

    Venezuela Oil Cos. Say $23M Suit Wasn't Properly Served

    Two Venezuelan oil companies urged the Eleventh Circuit on Tuesday to undo a $23 million judgment for a Florida-based chemical distributor, arguing neither company was properly served the summons and complaint.

  • December 10, 2024

    Ohio Justices Undo Paint-Maker's Lead Paint Coverage Win

    Insurers for Sherwin-Williams Co. don't have to cover the paint-maker's portion of a $305 million settlement to abate lead paint in California homes, the Ohio Supreme Court ruled Tuesday, finding the payment does not qualify as damages under its commercial general liability policies.

  • December 10, 2024

    2nd Circ. Backs Deloitte's Win In 401(k) Fee Suit

    The Second Circuit said a trial court correctly tossed a proposed class action by a group of workers claiming Deloitte saddled its $7.3 billion retirement plan with excessive recordkeeping fees, stating they couldn't overcome concerns that their claims amounted to comparisons of apples to oranges.

  • December 10, 2024

    Ga. Justices Say Courts To Decide Whether Utilities Are Taxes

    A Georgia trial court wrongly decided it could not judge whether a county's utility rates are a backdoor tax on property owners, the state's highest court said Tuesday, ruling that a restriction on the state Legislature's power to "regulate or fix" rates doesn't bar review by the judicial branch.

  • December 10, 2024

    Utah Counties' Narrow NEPA Test Meets High Court Critics

    Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.

  • December 10, 2024

    Michigan Tribe Asks High Court To Undo Land Trust Order

    A Michigan tribe is asking the Supreme Court to overturn a decision that rejected its bid to compel the federal government to take land into trust for a casino venture outside Detroit, arguing that if the ruling is left to stand, it will forever impair its ability to achieve economic self-sufficiency.

  • December 10, 2024

    6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections

    A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award

    A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.

  • December 10, 2024

    8th Circ. Remands Sexual Misconduct Removal Case

    The Eighth Circuit sent a Minnesota man's removal case back to immigration court for further review after finding that the third-degree sexual misconduct statute that he pled guilty to doesn't fall within the federal definition of rape that would allow him to be removed.

  • December 10, 2024

    4th Circ. Casts Doubt On Broker's FINRA Challenge

    A Fourth Circuit panel wondered Tuesday whether it was too soon to hear one North Carolina broker's constitutional challenge against the Financial Industry Regulatory Authority, with the circuit judges pointing out that FINRA's case against the broker was not yet over.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 3 Presidential Privilege Questions After Trump Ruling

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    The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

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