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Appellate
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July 08, 2024
Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test
A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.
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July 08, 2024
8th Circ. Won't Review Immigration Hardship Determination
A split Eighth Circuit panel held Monday that it can't review whether a Mexican man's U.S. citizen children will experience extreme hardship if he's removed, saying the underlying decision denying him removal relief is discretionary and therefore shielded from judicial review.
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July 08, 2024
9th Circ. Denies Northrop Retirees' Bid For New Judge
A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.
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July 08, 2024
11th Circ. Revives Fla. Worker's Retaliation Claim
The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.
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July 08, 2024
9th Circ. Revives Liability Claims In Welder's Injury Suit
The Ninth Circuit has mostly reversed a summary judgment order that freed a hoist maker and maintenance company from product liability and negligence claims by a welder who was injured when the hoist came loose and struck him in the head.
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July 08, 2024
DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told
A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.
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July 08, 2024
Mich. Justices Back Funeral Costs Imposed Years After Murder
The Michigan Supreme Court said Monday that it is not unconstitutional to apply current restitution laws to old crimes, finding that restitution awards do not run afoul of constitutional prohibitions on retroactively making the consequences of a crime harsher.
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July 08, 2024
Trump Allies Push For Fani Willis DQ In Election Case
A pro-Donald Trump think tank has thrown its support behind the former president's bid at the Georgia Court of Appeals to have a trial court's decision reversed and Fulton County District Attorney Fani Willis disqualified from prosecuting Trump and 18 co-defendants over interference in the 2020 election.
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July 08, 2024
DC Circ. Supports NLRB Order Against Puerto Rico Hospital
The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.
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July 08, 2024
Rite Aid Says Elixir Buyer In Contempt Over Liability Dispute
Bankrupt pharmacy chain Rite Aid has asked a New Jersey bankruptcy judge to find the purchaser of its prescription benefits subsidiary in contempt, saying the buyer is defying his orders by refusing to assume $200 million of the subsidiary's liabilities.
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July 08, 2024
UnitedHealth's Cross-Plan Offsetting Affirmed By 8th Circ.
The Eighth Circuit affirmed Monday a Minnesota federal judge's decision to toss a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, finding the lower court properly concluded the patients hadn't sufficiently established injury.
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July 08, 2024
House Hearing Postponed For Trump's NY Prosecutors
The House Judiciary Committee's hearing with Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo on former President Donald Trump's conviction on 34 felony counts has been postponed.
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July 08, 2024
1st Circ. Nominee Cut Teeth As 'Victim-Centered' Prosecutor
Maine Superior Court Justice and First Circuit nominee Julia Lipez spent most of her legal career prosecuting federal human trafficking cases, an experience former colleagues say demonstrates her sense of fairness and a sharp focus on the well-being of victims.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 08, 2024
US Supreme Court Term In Review: What You Need To Know
Judicial deference, agency courts, presidential immunity, abortion and social media moderation were just some of the issues the U.S. Supreme Court considered in its latest term.
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July 08, 2024
Biden Says Reelection Crucial To Supreme Court Reform
President Joe Biden told congressional Democrats his reelection is crucial to bringing about "real" reforms to the U.S. Supreme Court in a letter Monday rejecting calls for him to back out of the presidential race.
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July 05, 2024
Antitrust Partner In Fatal Crash Remembered As A Mentor
Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.
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July 05, 2024
Judge Says Michigan Not Immune From Enbridge's Line 5 Suit
A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.
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July 05, 2024
9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits
The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.
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July 05, 2024
Don't Defer To ITC On Domestic Industry, Fed. Circ. Told
The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.
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July 05, 2024
11th Circ. Won't Touch $9.7M College Hurricane Coverage Win
The Eleventh Circuit ruled Friday that a district court unlawfully certified a partial judgment in favor of The Baptist College of Florida for review in a $13 million insurance coverage dispute for hurricane damage costs.
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July 05, 2024
Fired Atty Only Gets $9K From $1.5M Motorcycle Crash Deal
A Connecticut appeals court ruled Friday that $9,000 was a fair payment to a personal injury attorney who was fired after he quickly obtained a $100,000 settlement offer for a motorcyclist who eventually settled for $1.5 million.
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July 05, 2024
FTC Gears Up For Busy 2024 Merger Summer & Fall
U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
Expert Analysis
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TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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What A Louisiana Ruling Means For Pipeline Crossings
After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.
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Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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Fostering Employee Retention Amid Shaky DEI Landscape
Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.