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December 11, 2024
Wyoming Defends Hemp Law At 10th Circ.
Wyoming's hemp law, which imposes new restrictions on hemp-derived THC and bans products with more than 0.3% THC, should continue uninterrupted, the state told the Tenth Circuit, saying the statute is neither unconstitutional nor preempted by federal law.
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December 11, 2024
Justices Won't Block EPA Coal Ash Rule During Court Case
The U.S. Supreme Court on Wednesday rejected a Kentucky electric utility's effort to halt implementation of the U.S. Environmental Protection Agency's rule strengthening federal regulations for the safe management of coal ash.
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December 11, 2024
4th Circ. Unsure Judges' Free Speech Suit Belongs In Court
A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.
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December 11, 2024
Trump Media Fights Stay Of Fla. Suit In Investor Dispute
The company behind Donald Trump's Truth Social platform told a Florida appeals court on Wednesday that a trial court should not have paused its suit against investors in favor of a related dispute in Delaware because the two suits are not substantially similar.
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December 11, 2024
Wash. Port Asks Justices To Review 9th Circ. CWA Ruling
The Port of Tacoma urged the U.S. Supreme Court on Wednesday to answer what it calls a "longstanding circuit split" over whether private suits seeking to enforce state permit conditions that go beyond the Clean Water Act can proceed in federal court.
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December 11, 2024
Justices Question Affiliates' Liability In $47M TM Judgment
The U.S. Supreme Court on Wednesday questioned why lower courts ordered affiliates of a real estate company to pay a $47 million trademark infringement judgment against it when they were not defendants, with Justice Clarence Thomas asking counsel for the prevailing party why they did not include the affiliates in the case.
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December 11, 2024
DOJ Tells Justices To Preserve Antitrust Probe Into NAR
The U.S. Department of Justice told the U.S. Supreme Court that it made no commitment not to reopen its investigation into the National Association of Realtors as part of its 2020 consent decree with the company, urging the justices to reject the association's bid for a day before the high court.
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December 11, 2024
Uber Worker Can Arbitrate Firing Claim, Calif. Court Says
A California state appeals court backed a trial court's move to revive a former Uber employee's arbitration dispute with the company claiming she was fired for complaining about sex bias, ruling an arbitrator was wrong to find she attempted to restart the clock on her allegations.
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December 11, 2024
Texas Panel Says Hospital To Blame For Tonsillectomy Death
A Texas appeals court upheld a widow's wrongful death victory against a hospital, finding in a Wednesday opinion that the Laredo Medical Center hadn't done enough to show it hadn't negligently caused a man to bleed to death after a tonsillectomy.
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December 11, 2024
High Court Bar's Future: Haynes Boone's Daniel Geyser
Daniel L. Geyser of Haynes and Boone LLP is an unconventional U.S. Supreme Court advocate in every respect, from the path he forged to become one of the high court's frequent arguers to the way he runs his current practice from more than half a country away from the nation's capital.
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December 11, 2024
NC Elections Board Rejects GOP Protests To 60,000 Votes
A divided North Carolina State Board of Elections on Wednesday voted to deny a consortium of election protests filed by Republican candidates seeking to discount more than 60,000 ballots from the Nov. 5 election, further cementing incumbent Supreme Court Justice Allison Riggs' victory in her contested race with Judge Jefferson Griffin.
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December 11, 2024
Doctors Group Asks DC Circ. To Pause Pot Hearings
A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.
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December 11, 2024
Mixed 5th Circ. Backs $14M Exxon Texas Air Pollution Fine
A mixed Fifth Circuit on Wednesday backed a $14 million fine against ExxonMobil Corp. over air pollution in southeast Texas, with a per curiam opinion stating the court wouldn't have reheard the case if it had known it would take more than 18 months to issue an opinion.
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December 11, 2024
Black Realtor, Client Cuffed During House Showing Can Sue
The Sixth Circuit has partially reinstated a lawsuit filed by a Black real estate agent and his client who were arrested while touring a Michigan house for sale after a neighbor called the police, reviving an unlawful detention claim against one of the officers.
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December 11, 2024
Justices Asked To Reject Roku Petition Challenging ITC
There's no reason the U.S. Supreme Court should review the "unremarkable" decision backing up the U.S. International Trade Commission's power to ban the import of patent-infringing software, a company has told the justices, saying that streaming television company Roku's questions are "redundant."
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December 11, 2024
Movie Producer Asks 11th Circ. To Reverse YouTube's IP Win
A movie producer urged the Eleventh Circuit on Wednesday to revive his copyright claims against YouTube, arguing that the platform has a duty under the Digital Millennium Copyright Act to locate additional infringing clips in its video library after receiving a takedown notice.
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December 11, 2024
6th Circ. Probes Rationale For State Farm Worker's Firing
The Sixth Circuit grappled Wednesday with whether to reopen a former State Farm employee's suit alleging she was illegally fired after counseling a colleague about a disability accommodation complaint, with one judge questioning if the insurer had looked into the worker's claim that she faced selective discipline.
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December 11, 2024
4th Circ. Seems Wary Of Reviving Post-Pregnancy Firing Suit
The Fourth Circuit seemed skeptical Wednesday of a former Nexstar Media Inc. worker's bid to revive her pregnancy-related disability discrimination suit, reminding the ex-employee's counsel about the limits to how much accommodation an employer has to provide.
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December 11, 2024
Fed. Circ. OKs Intel's Partial PTAB Loss
The Federal Circuit on Wednesday shot down Intel's appeal of a Patent Trial and Appeal Board decision that found the company failed to show that numerous claims of a patent on battery-saving technology for computer processors are invalid.
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December 11, 2024
Ga. Justices Disbar Atty For Abandoning Criminal Cases
The Georgia Supreme Court has disbarred a Florida-based attorney in the Peach State after finding he caused economic harm to three clients in abandoning their criminal cases "and even caused one client to experience an extended period of incarceration."
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December 11, 2024
After Veto Threat, Courts Warn Need For More Judges Urgent
Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.
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December 11, 2024
Akerman Can't Escape Malpractice Suit Over Lease Dispute
Akerman LLP has lost its jurisdictional challenge to a lawsuit alleging it owes a seafood restaurant chain over $1 million for giving bad advice during a lease dispute in Florida, with a Texas appeals court ruling the malpractice claims stem from work the firm solicited within the Lone Star State.
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December 11, 2024
DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix
The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.
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December 11, 2024
Developer, Feds Ask Justices To Pass On Offshore Wind Case
The federal government and Vineyard Wind 1 LLC are urging the U.S. Supreme Court to reject a Massachusetts group's latest bid to block the large offshore wind farm taking shape in waters off Nantucket and Martha's Vineyard.
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December 11, 2024
Calif. Panel Reverses Cost Award After Auto Shop Wage Trial
A California appeals panel flipped a lower court's decision awarding about $54,000 in post-offer costs to an auto body shop after winning a former employee's wage and hour suit, saying that two sections of the California Labor Code preclude such awards.
Expert Analysis
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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3 Presidential Privilege Questions After Trump Ruling
The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.