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Appellate
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August 20, 2024
Ohio Dance Teachers Can't Escape Suit Over Sex Assault
Two Cleveland dance instructors cannot escape claims that they knowingly allowed a now-notorious sexual predator, who was also a teacher, to rape a student, an Ohio state appeals court has ruled, saying both were likely aware of the man's already sordid past.
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August 20, 2024
Feds Fight Ex-Pa. Town Official's Appeal Of CWA Conviction
The federal government on Tuesday urged the Third Circuit to reject a former Pennsylvania township official's bid to undo his conviction for environmental and financial crimes committed during his time as director of the municipality's sewage authority.
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August 20, 2024
Fed. Circ. Flips Samsung's Win In 'Slide To Unlock' Patent Suit
The Federal Circuit on Tuesday revived part of a small smartphone company's patent suit against Samsung over its "swipe to unlock" feature, saying that one of Neonode Smartphone's core patent claims was more definite in its scope than the lower court gave it credit for.
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August 20, 2024
DOD Tells DC Circ. It Can Set Criteria For Soldier Citizenship
The U.S. Department of Defense is urging the D.C. Circuit to reverse a district court injunction permanently blocking the agency from setting service duration requirements for noncitizen soldiers to become citizens, saying Congress authorized it to do so.
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August 20, 2024
Fla. Attys' Licenses Suspended In Connection To Assault Case
The Florida Supreme Court has suspended the licenses of a Tallahassee attorney couple after they pled no contest to charges related to a criminal case in which their former babysitter accused them of sexual assault during an incident at the couple's home.
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August 20, 2024
Ex-Client Opposes Amicus In McCarter & English Fee Fight
A dietary supplement maker has asked Connecticut's highest court to reject a bid by the Connecticut Trial Lawyers Association to file a friend-of-court brief in a case questioning whether McCarter & English LLP can obtain punitive damages in a fee dispute, saying no additional input is necessary because no tort occurred.
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August 20, 2024
Ex-State's Atty Says Md. Trial Convictions Should Be Axed
Former Baltimore State's Attorney Marilyn Mosby is vying to upend her convictions for perjury and mortgage fraud, telling the Fourth Circuit the federal prosecution was riddled with errors from the outset.
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August 20, 2024
Mich. Judge Says She's Falsely Accused In Watchdog's Probe
A Michigan state judge said she now knows the "injustice" of being falsely accused, urging a judicial watchdog to reject charges that she lied to investigators who were probing another judge's misconduct.
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August 20, 2024
NC Panel Revives Meddling Claims Against Real Estate Atty
A real estate attorney must face renewed claims that he helped a stranger meddle in an ownership fight among heirs over a parcel of land in Charlotte, the North Carolina Court of Appeals said Tuesday.
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August 20, 2024
States, Coal Cos. Seek High Court Block Of EPA Mercury Rule
A group of red states and coal companies have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision allowing the U.S. Environmental Protection Agency to implement a mercury air pollution rule while their legal challenges play out.
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August 20, 2024
AMC Shareholder Wants Opt-Out Fight In US High Court
Arguing that stockholder rights to opt out of class-wide monetary settlements should no longer be "dependent on the accident of geography," attorneys for an AMC Entertainment Inc. stockholder asked the U.S. Supreme Court Tuesday to review opt-out denials in a deal that ended a Delaware Court of Chancery suit last year.
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August 20, 2024
'Full Steam Ahead' For Pandemic IG Despite Sunset Fear
A pandemic watchdog office is poised to shutter in seven months — its pleas for an extension have gone unheeded. But in the meantime, its remaining employees, some working away in their nondescript Alexandria, Virginia, office, others from their homes, are hustling to recover millions of dollars from COVID-19 fraudsters.
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August 20, 2024
Mass. AG Can't Enforce Housing Act, State's Top Court Told
Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
BNSF Urges 5th Circ. To Nix Colorblind Conductor's ADA Suit
BNSF Railway Co. urged the Fifth Circuit to reject a colorblind conductor's bid to revive his disability bias suit claiming he was illegally fired for failing a vision test, arguing that the former employee's impairment disqualified him for the job.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Mich. County Will Pause Court Closures Opposed By Judges
A Michigan county has agreed to pause plans to consolidate seven court locations into one courthouse in Flint and get judges' buy-in on the future of the court facilities, resolving a lawsuit filed by the judges.
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August 19, 2024
Hospital Says NLRB Injunction Bid Relies On Disputed Facts
A National Labor Relations Board official's request for an injunction compelling a Michigan hospital to resume recognizing a Service Employees International Union affiliate is short on uncontested facts and heavy on pressure to adopt the official's findings, the hospital argued Monday, urging a federal judge to deny the request.
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August 19, 2024
Ariz. Sheriff Can't Ax Racial Profiling Injunction, 9th Circ. Says
The Ninth Circuit on Monday kept in place a permanent injunction in a class action alleging the Maricopa County Sheriff's Office in Arizona racially profiled Latinos for traffic stops under the guise of immigration enforcement, saying the district court was within its powers to assign an independent monitor.
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August 19, 2024
Military Reservist Tells High Court Top-Up Pay Law Is Broad
A federal employee who was denied top-up pay while on active duty as a military reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.
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August 19, 2024
Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
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August 19, 2024
Justices Urged To Refuse Rent-To-Own Co. Fee Suit
Two consumers suing a rent-to-own furniture store over fees that are allegedly barred under California law urged the U.S. Supreme Court on Monday not to review a Ninth Circuit decision nixing the company's arbitration bid, arguing that the case is too fact-specific to warrant the court's attention.
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August 19, 2024
Texas Says Biden's River Barrier Claims Insist On Jury Trial
Texas told the Fifth Circuit that a federal judge got it wrong by denying its right to jury trial in a fight over the state's use of a border barrier in the Rio Grande, saying in a Monday brief that the government's claims carry a right for a jury trial.
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
Expert Analysis
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.