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Appellate
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September 23, 2024
NJ Justices Probe State's Role In Tax Sale Foreclosures
The New Jersey Supreme Court on Monday probed whether the state's Tax Sale Law still holds up in the wake of a 2023 U.S. Supreme Court ruling that the government cannot profit from a property seizure, pondering the state's role in tax sale foreclosures and if a private, third-party lienholder could be considered a state actor.
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September 23, 2024
Alito Pauses 5th Circ. Ruling Against Horse Racing Law
U.S. Supreme Court Justice Samuel Alito has pressed pause on a Fifth Circuit ruling that would strip the teeth from a federal law handing horse safety regulation over to a private entity after the appellate court found the law's enforcement provisions to be unlawful delegation.
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September 23, 2024
Calif. Roller Rink Beats Suit Over Skater's Fall
A Los Angeles-area skating rink can't be held liable for a patron's fall, a Califorina appeals court ruled Monday, saying everyone agrees that skating is an inherently risky activity.
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September 23, 2024
AFL-CIO Backs Firefighter's Benefits Suit At High Court
The AFL-CIO urged the U.S. Supreme Court Monday to overturn an Eleventh Circuit order finding that the Americans with Disabilities Act doesn't protect certain retirees from disability bias, arguing it erred when finding a Florida firefighter with Parkinson's couldn't contest a policy stripping her healthcare in retirement.
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September 23, 2024
Family Asks NC Justices To Keep $40M Drunk Driving Verdict
A family member of a woman killed by a drunken driver wants North Carolina's highest court to uphold a $40 million verdict, described as the largest amount for such a case in state history, asserting the driver isn't allowed to present arguments that the judgment was a result of an impassioned jury.
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September 23, 2024
Paxton Urges Firearms Ban Reversal Before State Fair Opens
Texas Attorney General Ken Paxton asked a state appeals court Monday for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, writing that the entity is "forcing thousands of law-abiding Texans to choose" between their constitutional rights and attendance at the state tradition, which opens Friday.
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September 23, 2024
Del. Justices Uphold Bankrupt Byju's US Lender Takeover
A panel of Delaware Supreme Court justices on Monday affirmed a lower court's ruling that the American arm of Indian educational technology business Byju's was in default under a $1.2 billion loan and that lenders had the authority to install new directors.
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September 23, 2024
Walmart Keeps Win In Fabric Softener Slip-And-Fall Suit
An Ohio state appeals court on Monday declined to revive a man's suit alleging he slipped and fell on fabric softener while shopping at Walmart, finding that he hadn't produced any evidence that Walmart or its employees created or were aware of the spill in that aisle.
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September 23, 2024
Ex-Iowa Lawmaker Takes 'Success Kid' Meme Row To Justices
Former Iowa Rep. Steve King has told the U.S. Supreme Court that the mother of the widely memed "Success Kid" engaged in "lawfare" by taking a copyright case against the controversial former politician to trial and ultimately obtaining $750 in damages.
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September 23, 2024
Profs, Retired Judges Ask Justices To Uphold Return Of Taxes
Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.
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September 23, 2024
3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case
The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time.
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September 23, 2024
Rahimi Supports Lift Of Under-21 Handgun Ban, 5th Circ. Told
A trio of Second Amendment advocacy groups told the Fifth Circuit Monday that a June high court decision keeping domestic abusers unarmed has no bearing on their challenge to handgun bans for those under 21, urging the panel to focus on the Framers' intentions for the amendment at the time of the founding.
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September 23, 2024
What A Harris Administration Would Mean For The Courts
Vice President Kamala Harris, the Democratic presidential nominee, is familiar with the courtroom.
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September 23, 2024
RNC Urges NC Court To Block Digital Student IDs For Voting
The Republican National Committee and the North Carolina Republican Party urged a Tar Heel State appeals court to block the state's board of elections from allowing digital student and employee IDs from the University of North Carolina to be used as voter verification in the upcoming election, arguing the law already forbids them.
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September 23, 2024
Pa. Judge Commended For Admitting Error In Med Mal Case
A Pennsylvania appeals court on Thursday signed off on a Philadelphia trial court judge's opinion acknowledging that his dismissal of two defendants from a medical malpractice suit used the wrong precedent. The appeals court also reversed the dismissal and praised the judge for recognizing his error.
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September 23, 2024
Mich. Justices Let Civil Servant Retirees Keep Benefits
The Michigan Supreme Court has let stand a ruling that retired municipal employees in Allen Park, Michigan, are entitled to healthcare benefits on terms that outlast their collective bargaining agreements with the city.
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September 23, 2024
Legal Malpractice Suit Over Med Mal Case In Ga. Revived
A Georgia state appellate court on Monday revived a legal malpractice lawsuit over a former attorney's handling of a medical malpractice case, saying a trial court improperly granted a dismissal motion after disqualifying the lawyer who filed it.
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September 23, 2024
Autism Played Role In Bankman-Fried Case, 2nd Circ. Told
A group of experts on neurodiversity told the Second Circuit that Sam Bankman-Fried, who has said he has autism and attention deficit hyperactivity disorder, may have been hurt at trial by a "cognitive and communication style" that at times frustrated the trial judge.
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September 23, 2024
5th Circ. Refuses Texas A Jury Trial For Border Buoy Case
The Fifth Circuit refused Texas' request for jurors to decide the legality of barriers installed in the Rio Grande to deter migrants, saying the Seventh Amendment's right to a jury trial doesn't apply to the case.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says
JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
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September 20, 2024
Arbitration Unlikely For Nursing Home Poison Death Suit
A California state appeals court has all but affirmed the denial of arbitration in a suit alleging a nursing home caused the poisoning death of a resident who was mistakenly served industrial cleaner left in a pitcher, saying the trial court must first review the validity of the arbitration agreement.
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September 20, 2024
3rd Circ. CFPB Ruling Threatens Securitization, Justices Told
Two major trade groups for the securities industry have urged the U.S. Supreme Court to review a Third Circuit decision allowing the Consumer Financial Protection Bureau to exercise enforcement authority over a collection of student loan securitization trusts, slamming the ruling as wrong and dangerous.
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September 20, 2024
Retail Theft Wasn't Removable Crime, Immigration Board Says
Retail theft is not necessarily a crime of moral turpitude that warrants an immigrant's removal, the Board of Immigration Appeals ruled Friday, saying its 2006 precedential reasoning runs afoul of the categorical approach articulated by the U.S. Supreme Court.
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September 20, 2024
Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss
Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.
Expert Analysis
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Series
After Chevron: Challenges Loom For PBGC Actions
After Loper Bright, two recent actions taken by the Pension Benefit Guaranty Corp. already under scrutiny seem destined to be challenged and resolved under the new standard of judicial deference, which will greatly affect employers with potential withdrawal liability exposure, say Robert Perry and David Pixley at Jackson Lewis.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Ore. Insurance Litigation Is Testing The Bounds After Moody
Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.