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Appellate
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July 02, 2024
4th Circ. Won't Rethink Google Ad Subpoena Decision
The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.
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July 02, 2024
Conn. Justices Send Trade Secrets Row Back To Trial Court
The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.
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July 02, 2024
Georgia Wants 11th Circ. To Undo Blocks On Election Law
The state of Georgia has urged the Eleventh Circuit to undo the enjoining of two provisions of the state's controversial 2021 election law, including a ban on handing out food and drinks to voters waiting in line that the state called a "prophylactic" against electoral interference.
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July 02, 2024
9th Circ. Won't Rethink Hospitality Co.'s Virus Coverage Suit
The Ninth Circuit said Tuesday it would not rehear an international restaurant and nightclub operator's COVID-19 property insurance coverage appeal against a Liberty Mutual unit.
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July 02, 2024
Even If There's A Better Reading, Follow Arbitrator, 9th Circ. Says
The Ninth Circuit has affirmed an arbitration award requiring two venture capital funds to dissolve in a suit alleging the funds' general partners breached their fiduciary duty, saying "even if there is a better interpretation, the arbitrator's interpretation controls, 'however good, bad, or ugly.'"
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July 02, 2024
6th Circ. Takes Up Fuel Pump Appeal GM Pledged To Drop
The Sixth Circuit has agreed to hear General Motors' bid to undo certification of seven state classes of drivers who say GM sold diesel-powered trucks with faulty fuel pumps, although the automaker recently agreed to a $50 million settlement that includes a promise to abandon the appeal.
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July 02, 2024
Justices Told Fed. Circ. Nullified Limits On PTAB Evidence
Manufacturer Provisur Technologies Inc. has asked the U.S. Supreme Court to review a Federal Circuit decision reviving rival Weber Inc.'s challenge to Provisur's food slicer patents, saying the appellate court flouted precedent that limits the evidence available in Patent Trial and Appeal Board cases.
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July 02, 2024
2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit
The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.
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July 02, 2024
Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says
The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.
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July 02, 2024
Enbridge, Tribes Spar Over Payout In Pipeline Trespass Row
Enbridge Energy told the Seventh Circuit a recent ruling that resulted in a tribe receiving a nearly $400 million payout for trespassing does not apply to the Bad River Band of Lake Superior Tribe's current trespass challenge, arguing the district court recognized that this case presents a different set of facts.
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July 02, 2024
Ind. High Court Say Firefighter's Fall Suit Can Go Forward
The Indiana Supreme Court on Tuesday gave the green light to a firefighter's injury suit over him falling through a gap in a wall while responding to a fire, saying the state's "First Responder Rule" doesn't preempt his claim because the alleged negligence that caused the fire is not the cause of his injury.
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July 02, 2024
Justices Revive FERC Solar Fight, Citing Chevron Ruling
The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.
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July 02, 2024
Butterball Must Face NC Worker's Assault Suit In State Court
The North Carolina Court of Appeals ruled Tuesday that a lawsuit accusing turkey processor Butterball of failing to stop a worker's assault can't be resolved administratively because the injuries didn't occur in the course of the employee's work.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
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July 02, 2024
Fla. Bar Drops Kennedys Ethics Case Over Unlawful Practice
The Florida Bar has dropped an ethics complaint against Kennedys CMK and three of its attorneys over allegations the firm improperly presented the lawyers as permitted to practice law in the Sunshine State.
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July 02, 2024
Mich. Justices Pass Up 'Most Famous' Atty's Malpractice Case
The Michigan Supreme Court on Tuesday left in place an appellate ruling that said comments by self-proclaimed "America's most famous trial lawyer" during a press conference can be used in a malpractice suit brought against him by a former client.
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July 02, 2024
Ga. Justices Say Atty Ethics Rules Only Apply To Legal Work
A Georgia lawyer did not violate attorney ethics rules when she allegedly mishandled trust funds since she was managing those funds only as a fiduciary and not as a lawyer, the Georgia Supreme Court ruled Tuesday.
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July 02, 2024
Sentencing Relief Law Gets Another Supreme Court Look
The U.S. Supreme Court on Tuesday agreed to consider whether a sentencing reduction provision in the First Step Act can apply to defendants whose sentences prior to the 2018 law are vacated and who are resentenced with the statute in effect.
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July 02, 2024
Top Federal Tax Cases Of 2024: Midyear Report
In the first half of the year, the U.S. Supreme Court torpedoed the Chevron doctrine of judicial deference to federal agencies and affirmed the denial of a tax refund to a business owner's estate related to a life insurance payout, while the U.S. Tax Court reversed itself regarding a rule for conservation easements. Here, Law360 reviews federal court decisions from the past six months that tax attorneys should know.
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July 02, 2024
Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case
The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.
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July 02, 2024
Thomas Laments Cert Denial In OSHA Standard Setting Fight
The U.S. Supreme Court said Tuesday it will not review the Sixth Circuit's split decision that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, although Justice Clarence Thomas warned against the "far-reaching" grant of that power to an agency.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 02, 2024
Supreme Court Won't Hear Ill. Gun Ban Dispute
The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision upholding laws by the state of Illinois and a Chicago suburb banning the sale of assault weapons.
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July 02, 2024
Justices Order Post-Rahimi Review For Felon Gun Ban
The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.
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July 02, 2024
High Court Agrees To Review FDA's Flavored E-Cig Denial
The U.S. Supreme Court on Tuesday granted the U.S. Food and Drug Administration's petition to review a Fifth Circuit decision overturning its denial of a flavored e-cigarette marketing application.
Expert Analysis
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Perspectives
High Court Ruling Leaves Chance For Civil Forfeiture Reform
Though advocates for civil forfeiture reform did not prevail in Culley v. Marshall last month, concerns voiced by a majority of the U.S. Supreme Court justices potentially leave the door open to consider stricter limits in future cases, say attorneys at Dykema.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.
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Perspectives
NY Chief Judge Spotlights Need To Strengthen Public Defense
In a recent concurrence in People v. Watkins, New York Chief Judge Rowan Wilson called attention to the necessity for greater investment in public defense services, highlighting not only the urgency of current crises, but the need to embrace a more ambitious vision of equal right to counsel, says Corey Stoughton at Selendy Gay.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Takeaways From Justices' Redemption Insurance Decision
The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.