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Appellate
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June 11, 2024
No Tax Owed On Mailed Ads, Insurer Tells Mich. Appeals Court
Advertisements mailed for a Michigan insurance provider by an out-of-state direct-mail contractor should not incur the state's use tax, the insurer told a state appeals court Tuesday.
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June 11, 2024
Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case
The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.
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June 11, 2024
4th Circ. Unconvinced Migrant Siblings' Abuse Was Retaliatory
The Fourth Circuit has refused to revive an asylum application from two Salvadoran siblings fleeing an abusive uncle, unconvinced that the uncle had targeted the pair in retaliation for their mother's reporting him to the police.
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June 11, 2024
DOE Urges DC Circ. To Extinguish Furnace Rule Fight
The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.
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June 11, 2024
Pa. County Can't Give Voting Machine Data To Mich. Atty
A Pennsylvania judge on Tuesday blocked Fulton County commissioners from giving data copied from the county's Dominion Voting Systems equipment to an attorney and Donald Trump ally facing criminal charges for illegally accessing voter information in Michigan.
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June 11, 2024
Texas AG Urges DC Circ. To Revive Media Matters Probe
Texas Attorney General Ken Paxton wants the D.C. Circuit to revive his investigation into progressive media watchdog Media Matters' reporting on the social media platform X, saying the D.C. federal court had no authority to interfere with the probe.
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June 11, 2024
Justices Urged To Review Fee Denial In DOL Stock Plan Case
A construction design firm is urging the U.S. Supreme Court to take up its fight for attorney fees after beating an enforcement case brought by the U.S. Department of Labor alleging the company and its founders mismanaged an employee stock ownership plan, with the firm arguing the Ninth Circuit erred in siding with the DOL.
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June 11, 2024
Ga. Justices Accept Fla. Atty's Voluntary Suspension
An attorney suspended by the Florida Bar for myriad failures — including a lack of communication with clients and the submission of illegible court filings — while practicing with Your Jacksonville Lawyer PA was reciprocally suspended Tuesday in Georgia and is currently ineligible to practice in either state.
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June 11, 2024
Spat Over Texas Trial, Vacation Plans Ends With New Date
A Texas appeals court has dismissed a tech company's mandamus petition stating that a Harris County court scheduled a trial in its case despite several attorney vacation letters after the parties said the trial court moved the date.
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June 11, 2024
Ga. Justices Disbar Atty For Unlawful Disbursement Of $2M
The Georgia Supreme Court on Tuesday disbarred an attorney who disbursed approximately $2 million of a digital asset trading company's funds, which had been intended for a bitcoin sale that never went through, into personal accounts controlled by her and her sister.
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June 11, 2024
Ga. Justices OK Remote Work For Attys Not Licensed In State
The Georgia Supreme Court unanimously put its stamp of approval Tuesday on an opinion stating that attorneys who reside in the Peach State but are not licensed there may provide legal services by remote means under certain circumstances.
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June 11, 2024
Mich. Court Says Insurer Can Yank Benefits For Litigation Lies
The Michigan Supreme Court unanimously reversed an appeals court decision, ruling Tuesday that misrepresentations made during discovery could prevent the family of a deceased car accident victim from recovering benefits from an insurer assigned to his claim by a state safety net program.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
FDA Urges 11th Circ. To Back E-Cig Ban Over High Nicotine
The U.S. Food and Drug Administration is urging the Eleventh Circuit to not let Bidi Vapor market an e-cigarette product that the agency claimed would expose users to nearly twice as much nicotine as a typical combustible cigarette.
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June 10, 2024
Calif. Targets Oil Giants' Profits In Amended Climate Suit
California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.
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June 10, 2024
New State Appeals Court Is Constitutional, Texas Says
The Texas Health and Human Services Commission asked the state's high court to reject a petition by Dallas County seeking a declaration that the newly created Fifteenth Court of Appeals is unconstitutional, saying the legislature indeed can create an appeals court with subject-matter jurisdiction.
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June 10, 2024
Weinstein Calls Accuser 'Brazen Liar' In Calif. Criminal Appeal
Harvey Weinstein told a California appellate court that prejudicial rulings deprived him of a fair trial in the Golden State, arguing in his opening brief that the jury wrongfully heard evidence of uncharged sex assault offenses but never heard evidence that would have exposed his accuser as a "brazen liar."
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June 10, 2024
9th Circ. Partially Revives Puget Sound Pollution Row
The Ninth Circuit sided with an environmental group Monday in a regulation enforcement case against the Port of Tacoma, Washington, partially overturning a lower court to find previous iterations of state stormwater permitting rules do extend across marine cargo terminals and other transportation facilities.
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June 10, 2024
6th Circ. Won't Rethink Drop Of Suit Over Doped Derby Horse
A Sixth Circuit panel on Monday declined to rehear arguments from a group of gamblers who claim they should have been paid for their 2021 Kentucky Derby winning bets after the first-place horse was eventually disqualified for doping.
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June 10, 2024
Home Flooding Was Unavoidable, Agency Tells Appeals Court
A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.
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June 10, 2024
IHS Urges Budget Shift After High Court Healthcare Ruling
The Indian Health Service, following a divided U.S. Supreme Court decision affirming that the federal government is liable for the reimbursement of millions in administrative healthcare costs for two Native American tribes, is urging Congress to shift its budget appropriations for fiscal year 2026 to protect the agency's overall health.
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June 10, 2024
9th Circ. Won't Revive Ex-City Worker's Accommodation Suit
The Ninth Circuit declined Monday to revive an employee's suit alleging the city he worked for used an argument he had with police officers as a cover-up to fire him because he requested leave to treat a knee injury, ruling that the worker lacked proof of prejudice.
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June 10, 2024
'Wicked Smart' Justice Sworn In To Mass. High Court
If there's one thing that makes Supreme Judicial Court Justice Gabrielle Wolohojian uncomfortable, it's praise, former WilmerHale partner Peter Macdonald told an audience of hundreds of the jurist's colleagues, friends and family during a ceremonial swearing-in Monday evening.
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June 10, 2024
Injured Teen Athlete Drops Michigan Supreme Court Appeal
A high school athlete who claimed a car crash ended his hopes of a college baseball career settled his lawsuit Friday, weeks after Michigan's top court had expressed interest in his appeal, which turned on who decides the seriousness of a crash victim's injury.
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June 10, 2024
Colo. Justice Blasts Majority Decision In Judge DQ Case
The Colorado Supreme Court reinstated a man's motor vehicle theft conviction Monday after he convinced a lower court to overturn it because the judge who presided over his trial should have been disqualified, with a dissenting justice arguing the ruling upends "long-settled law" as to when the right to seek such disqualification can be deemed to have been waived.
Expert Analysis
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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BIPA's Statutory Exemptions Post-Healthcare Ruling
The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.
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2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion
The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Opinion
High Court Should Endorse Insurer Standing In Bankruptcy
In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Justices' Trump Ballot Ruling: Purposivism In Textualist Garb
The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Texas Insurance Ruling Could Restore Finality To Appraisal
The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.