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Appellate
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October 02, 2024
Game Artist's Discovery Violations Doom Gen Con Suit
A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.
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October 02, 2024
Feds Can Back ND Tribes In 8th Circ. Legislative Privilege Row
The federal government can participate in arguments later this month before an Eighth Circuit panel in support of two North Dakota tribes in a discovery dispute over legislative privilege in an already-decided Voting Rights Act case, the appellate court says.
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October 02, 2024
Panel Revives Fraud Suit On Merchant Cash Advance Cos.
An Ohio state appeals court revived part of S&T Bank Inc.'s suit against more than 30 merchant cash advance companies that it accused of working with convicted fraudster Harold Sosna to help him run a check-kiting scheme that cost the bank $58 million.
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October 02, 2024
10th Circ. Affirms Microsoft, Premera Tab For ERISA Violations
The Tenth Circuit upheld a six-figure award for a family that claimed Microsoft and Premera Blue Cross unlawfully refused to cover their son's stay at a residential treatment center, but struck down the family's trial court win on their mental health parity claim.
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October 02, 2024
DC Circ. Says Election Betting Contracts Can Go Live
The D.C. Circuit on Wednesday allowed betting on election outcomes to move forward after finding that the U.S. Commodity Futures Trading Commission hasn't shown that KalshiEx's listing of election-based event contracts would likely harm the public while the regulator challenges a ruling that gave the trading platform the green light to offer such services.
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October 02, 2024
Trump 'Resorted To Crimes' To Cling To Power, Feds Say
Donald Trump's alleged scheme to subvert the 2020 election results was "fundamentally a private one," special counsel Jack Smith told a D.C. federal judge in a newly unsealed brief that vies to prove that the former president is not immune from charges of election interference.
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October 02, 2024
Texas High Court Skeptical Of Atty Solicitation Law Overreach
The Texas Supreme Court on Wednesday appeared skeptical that an anti-solicitation statute should apply to lawyers licensed in the state who used "case runners" to attract personal injury clients who live out of state for lawsuits filed and decided beyond the borders of the Lone Star State.
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October 02, 2024
Fla. Atty Disbarred For Abandoning Pharma Biz Before USPTO
The Florida Supreme Court on Wednesday disbarred an attorney for taking on intellectual property work for a pharmaceutical company only to later cease communications and keep the business in the dark about maintenance fees, causing its patents to expire.
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October 02, 2024
Justices Asked To Short-Circuit Mass. Offshore Wind Project
Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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October 02, 2024
Georgia Moves To Block, Appeal Ruling Against Abortion Ban
The Georgia attorney general's office, as promised earlier this week, moved swiftly Tuesday to halt and appeal a Fulton County judge's decision that struck down for the second time the state's so-called heartbeat abortion ban, which prohibits most abortions after six weeks.
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October 02, 2024
Ahmuty Demers Booted Off NJ Fatal Crash Case Over Conflict
A New Jersey state appeals court affirmed Wednesday that Ahmuty Demers & McManus is not allowed to represent both a paving company and one of its employees at the same time in a case in which the employee allegedly caused a fatal car crash.
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October 02, 2024
4th Circ. Says Murdaugh Can't Appeal Fraud Sentence
Former South Carolina attorney Alex Murdaugh, who is serving life in prison for murder, was denied an appeal of a separate 40-year sentence after pleading guilty to stealing at least $9 million from clients by a Fourth Circuit panel that said he'd waived his right to appeal.
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October 02, 2024
Progressive Group Staffs Up For Judicial Nominee Fights
With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.
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October 02, 2024
Maine's First Female Federal Judge To Take Semiretired Status
U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.
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October 02, 2024
Auto Parts Co. Tells 6th Circ. NLRB Judge Is 'Unaccountable'
An auto parts manufacturer urged the Sixth Circuit to halt National Labor Relations Board proceedings against the company before an "unaccountable" agency judge, arguing the employer would face harm because the administrative judge is unconstitutionally shielded from removal by the president.
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October 02, 2024
DC Circ. Urged To Scrap EPA Mercury Rule For Coal Plants
States and industry groups fighting a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants told the D.C. Circuit it would impose exorbitant and unjustifiable costs for no public health benefit, and is actually aimed at forcing plants to retire to advance climate goals.
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October 01, 2024
Oxygenation Doesn't Show Water Quality, Texas Justices Hear
Texas Supreme Court justices prodded the Save Our Springs Alliance's argument that a permit to release treated wastewater would degrade water quality, questioning whether the advocacy organization's argument that a drop in levels of dissolved oxygen shows water degradation during oral arguments Tuesday.
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October 01, 2024
9th Circ. Cites 'Sunscreen' Song In Reviving Banana Boat Suit
The Ninth Circuit on Tuesday revived a proposed class action claiming Banana Boat sunscreen contains unsafe levels of benzene, citing a one-hit wonder from an Academy Award nominated director and saying a lower court judge erred by prematurely resolving disputed issues of fact and the merits of the consumer case.
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October 01, 2024
Former Rutgers Law Dean To Serve As University's Interim GC
A former Rutgers Law School dean will serve as the university's interim senior vice president and general counsel following John J. Hoffman's confirmation to the New Jersey Supreme Court, Rutgers announced Tuesday.
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October 01, 2024
Ga. County Urges Full 11th Circ. To Nix Trans Deputy's Win
A Georgia county told the Eleventh Circuit on Monday that a health plan coverage exclusion for gender-affirming surgery is comparable to other exclusions in coverage and does not violate federal anti-discrimination laws.
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October 01, 2024
9th Circ. Revives FCA Claims Against Dermatology Practice
A Ninth Circuit panel on Monday revived the claims of a former employee who accused a Nevada dermatology practice of retaliation under the False Claims Act and other wrongdoing, reversing the practice's early win and sending the case back for trial.
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October 01, 2024
University Can Keep Conduct Records, Texas Justices Hear
Texas Supreme Court Justices asked the University of Texas at Austin why it was trying to keep from releasing records of students who violated policies against violence and sex offenses during oral arguments Tuesday, saying that the category of students the university was protecting seemed the "least defensible."
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October 01, 2024
Georgia-Pacific Tells 6th Circ. Rivals Liable In CERCLA Row
Georgia-Pacific Consumer Products LP on Tuesday asked the Sixth Circuit to affirm a Michigan federal judge's ruling that International Paper Co. and Weyerhaeuser Co. can be sued for future cleanup costs of a Michigan Superfund site.
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October 01, 2024
Activists Sue Ark. Officials Over Medical Pot Ballot Measure
Activists attempting to put a measure that would expand medical marijuana access in Arkansas on the ballot brought a lawsuit against John Thurston, the state's secretary of state, on Tuesday, one day after he said that the campaign did not have enough signatures to qualify for the ballot.
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October 01, 2024
Colo. Workers' Comp. Doesn't Exempt Employer Auto Insurers
Workers who are injured in car accidents while on the job can sue their employers' auto insurance carriers for underinsured motorist coverage, even if they have received workers' compensation benefits, Colorado's supreme court concluded, finding no state law precluded it.
Expert Analysis
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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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.