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Appellate
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October 24, 2024
4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court
The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.
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October 24, 2024
Split Fed. Circ. Rejects Expert's 'Because I Said So' Testimony
A Delaware federal jury was wrong to find Comcast infringed a NexStep "digital butler" patent, and the trial judge properly overruled it, a split Federal Circuit panel said Thursday.
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October 24, 2024
2nd Circ. Largely OKs Gun Control Law After High Court Order
The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.
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October 24, 2024
Del. Co. Tells 3rd Circ. €4.2M Award Was Properly Denied
A Delaware investment company wants the Third Circuit to affirm a lower court ruling that refused to enforce an approximately €4.2 million arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia.
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October 24, 2024
11th Circ. Seeks Bias Test Briefing In Fla. Trans Patients' Suit
The Eleventh Circuit has ordered Florida health officials and transgender individuals to provide additional briefing in the state's appeal to reverse a ruling blocking its ban on Medicaid coverage for gender-affirming care, directing the parties to present their positions on whether hostile discrimination analysis applies to certain classes of people.
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October 24, 2024
Colo. Justices Grill State On Biz Names, ID Theft Law
Colorado Supreme Court justices pressed state prosecutors Thursday on why a man's reversed conviction for identity theft should be reinstated, saying the identity theft law's use of "name" as a type of personal information seems to suggest the law refers only to people and not corporations.
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October 24, 2024
High Court Asked To Toss Texas Stay Of Green Card Rule
An immigrant rights group asked the U.S. Supreme Court on Thursday to wipe out a Texas order freezing a new program that would allow certain noncitizen relatives of U.S. citizens to stay in the country while seeking green cards, arguing the court improperly used a procedural tool to effectively issue injunctive relief.
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October 24, 2024
Bank Groups Appeal Loss In Suit Over CFPB Small Biz Rules
Lender trade groups that sued the Consumer Financial Protection Bureau over its reporting requirements for small businesses have appealed to the Fifth Circuit after a Texas federal judge granted the bureau's request for summary judgment in August.
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October 24, 2024
2nd Circ. Says Healthcare Arbitrations Were Properly Halted
The Second Circuit affirmed Thursday that a lower court properly halted a group of healthcare providers from pursuing thousands of arbitrations against State Farm as part of an alleged massive fraudulent scheme, ruling in a novel opinion the injunction did not violate federal arbitration law.
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October 24, 2024
IP Forecast: Inhibrx Co-Founder Faces Biotech Secrets Trial
A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a biotech executive of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 24, 2024
Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction
The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.
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October 24, 2024
No Tax Break For Bad Debt Investors, Wash. Justices Say
The Washington State Supreme Court said Thursday that a group of funds that buy and sell distressed credit card debt can't claim a state business tax deduction on investment income because those investments were not incidental to their main business purpose.
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October 24, 2024
Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause
Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.
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October 24, 2024
7th Circ. Doubts Satanic Temple Can Wage Abortion Fight
A Seventh Circuit panel appeared skeptical Thursday that the Satanic Temple had standing to challenge Indiana's near-complete abortion ban, with questioning turning contentious when one judge pointed out that the religious organization would be blocked from providing abortion drugs through telehealth appointments even without the law.
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October 24, 2024
Judges Doubt 'Troublesome' Comments Warrant New Trial
Washington appellate judges appeared skeptical Thursday that a handful of comments could've triggered jury bias and tainted the trial of a Palestinian woman's medical malpractice case, though one judge called it "troublesome" that defense counsel told jurors the accused doctor was "from this part of the world."
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October 24, 2024
Wash. High Court Lets Anti-Tax Ballot Measure Show Impact
Elections officials are permitted to place financial disclosure information next to a Washington state ballot measure that would repeal the state's tax on capital gains, the Washington Supreme Court ruled Thursday, upholding a trial court.
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October 24, 2024
4th Circ. Affirms Dismissal Of Crypto Theft Coverage
The Fourth Circuit upheld a lower court's ruling that an individual's homeowners policy didn't cover his loss of $170,000 in cryptocurrency to an alleged scam, agreeing with a Virginia federal court that the loss didn't constitute a "direct physical loss."
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October 24, 2024
FCC Won't Hold Off Prison Phone Rate Caps During Suits
The Federal Communications Commission has turned down three bids for the agency to shelve new prison phone service rate caps during legal appeals of the FCC's rule, saying such lawsuits are unlikely to prevail.
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October 24, 2024
DOJ Pushes Justices To Revive Bid-Rigging Conviction
Federal prosecutors told the U.S. Supreme Court that the Fourth Circuit got it wrong last year when it vacated the bid-rigging conviction of aluminum pipe maker Contech's former executive, arguing Wednesday that agreements between firms can be per se unlawful even when they have a vertical relationship.
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October 24, 2024
Enviro Attys Must Teach Judges Science, Wash. Justice Says
Attorneys shouldn't assume that judges are up to speed on scientific evidence that they're reviewing and instead should work on building judges' knowledge and helping them "feel smart," a Washington Supreme Court justice told environmental lawyers on Thursday.
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October 24, 2024
Colo. Justices Hesitant To Extend Personhood To Elephants
Colorado Supreme Court justices appeared unlikely Thursday to grant habeas corpus rights to elephants in a zoo, repeatedly asking an animal rights group seeking to send the elephants to a sanctuary where the court should draw the line on personhood.
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October 24, 2024
Ga. Elections Official To Appeal Certification 'Discretion' Loss
A Fulton County, Georgia, elections official who recently lost a lawsuit in which she tried to assert her purported "discretion" to certify vote results said Wednesday she plans to appeal the decision to the state's Court of Appeals.
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October 24, 2024
TikTok Won't Get 3rd Circ. Rehearing Of Section 230 Ruling
The Third Circuit on Wednesday turned down TikTok's request for an en banc rehearing of a panel decision that the social media company's "For You Page" algorithm isn't entitled to immunity under Section 230 of the Communications Decency Act in a case over a 10-year-old's death.
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October 24, 2024
EPA Can't Rush Truck Electrification, DC Circ. Hears
The U.S. Chamber of Commerce and a trucking industry group have thrown their support behind challengers' attempts to upend the U.S. Environmental Protection Agency's greenhouse gas emission standards for heavy-duty vehicles, telling the D.C. Circuit that the agency is trying to accomplish too much too soon.
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October 24, 2024
Meet The Candidates Vying For Texas Supreme Court Seats
A trio of Republican incumbents are looking to maintain the full GOP makeup of the Texas Supreme Court in next month's general election amid challenges from Democratic candidates looking for promotions from lower state courts.
Expert Analysis
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days
In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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High Court's Expert Ruling May Help Health Fraud Defendants
The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Contract Disputes Recap: Preserving Payment Rights
Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.