Appellate

  • September 06, 2024

    11th Circ. Judge Continues Drum Beat For Bench Use Of AI

    An Eleventh Circuit judge who has explored how courts might use artificial intelligence to interpret terms in legal disputes revisited this idea in a recent concurring opinion in a criminal appeal, though he acknowledged the notion is "fairly provocative."

  • September 06, 2024

    DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims

    Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.

  • September 06, 2024

    7th Circ. Skeptical Of Bid To Revive Fraud Claims Against Firm

    The Seventh Circuit seemed inclined Friday not to disturb lower court rulings that sank a litigation funder's fraud and damages claims against a law firm that abruptly dropped the business to represent a former employee who left to open a competing venture.

  • September 06, 2024

    NJ Atty's Med Mal, Defamation Suit Against Hospital Revived

    A New Jersey appellate court on Friday reinstated a suit accusing a hospital of negligently committing an attorney complaining of hip pain as a schizophrenia patient, saying the requisite medical expert affidavit was not necessary due to the so-called common knowledge exception.

  • September 06, 2024

    Takeaways From Fair Use Rejection Of Free E-Book Library

    The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.

  • September 06, 2024

    Texas Biz Court Will Be A Brave New World For Energy Cos.

    Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.

  • September 06, 2024

    Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm

    The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.

  • September 06, 2024

    7th Circ. Backs Bulk Of CFTC's Fraud Claim Win Against CEO

    The Seventh Circuit has largely upheld a win for the Commodity Futures Trading Commission, finding that the head of a Chicago-based brokerage conducted a multimillion-dollar options fraud scheme, but remanded on two claims related to whether the company was required to register as a commodity trading adviser.

  • September 06, 2024

    Fla. Hospital Wins Records Fight In Amputation Suit

    A Florida appeals court ruled Friday that a hospital need not produce an orthopedic surgeon's "credentialing file" in a suit accusing the surgeon of providing negligent care resulting in a leg amputation, saying the documents are protected under the state's Peer Review Statutes.

  • September 06, 2024

    9th Circ. Says Immigration Board Mischaracterized Calif. Law

    A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated.

  • September 06, 2024

    5th Circ. Urged To Act Fast On Green Card Rule Suit Appeal

    A nonprofit immigrant rights group has asked the Fifth Circuit to accelerate its challenge to a lower court's refusal to let them intervene in a Texas lawsuit against a program allowing noncitizen relatives of U.S. citizens to seek green cards, noting a bench trial could proceed soon without its participation.

  • September 06, 2024

    Gov't Asks Fed. Circ. To Rehear AI Deal Dispute

    The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.

  • September 06, 2024

    2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit

    The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.

  • September 06, 2024

    11th Circ. Orders New Look At Penalty In SEC Loan Fraud Suit

    The Eleventh Circuit on Friday rejected a bid from a couple accused by the U.S. Securities and Exchange Commission of a nearly half-a-billion-dollar fraud to reverse an order expanding a receivership of their merchant loan business, but it vacated $43.7 million in penalties they were ordered to pay on the grounds it was unclear who was liable for what.

  • September 06, 2024

    JD Vance Can't Ax Campaign Spending Limits At 6th Circ.

    The full Sixth Circuit upheld coordinated campaign spending limits in the face of a challenge from Ohio senator and vice presidential hopeful J.D. Vance and Republican party organizations that sought to lift the restrictions.

  • September 06, 2024

    Ex-Conn. Utility Execs Can't Shake Convictions At 2nd Circ.

    The Second Circuit issued a mammoth 140-page decision Friday upholding punishments including a $748,000 restitution order for three former executives convicted of stealing from a Connecticut utility cooperative, but the court threw out the utility's bid for a $9.6 million reimbursement for fronting the defendants' attorney fees.

  • September 06, 2024

    Attys Urge Justices To Shield Corporate Veil In TM Case

    More briefs landed Friday in the "Dewberry" trademark case currently before the U.S. Supreme Court — this time, from two groups of intellectual property lawyers who are concerned about the use of the Lanham Act to "pierce the corporate veil."

  • September 06, 2024

    Calif. Panel Rejects PE Exec's Excess Coverage Claims

    A California state appeals court upheld the dismissal of a private equity executive's claims that two excess insurers had to cover the millions he said he and his companies incurred in litigation with his co-founder, finding he didn't sufficiently allege that underlying limits had exhausted first.

  • September 06, 2024

    Appeals Court Says Nursing Home Seller Keeps Atty Fees

    An entity that sold a nursing home is entitled to keep attorney fees because the underlying contract spelled out that it was entitled to them, a Texas appeals court found, even though the eventual buyer was not a party to the contract granting attorney fees.

  • September 06, 2024

    Starbucks Finds Interest For Appeal In Shareholder Suit

    A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.

  • September 06, 2024

    Justice Alito Reports Concert Tickets From Catholic Activist

    U.S. Supreme Court Justice Samuel Alito accepted $900 concert tickets from a German princess and Catholic activist in 2023, but otherwise received no free trips or other gifts, according to his annual financial disclosure, which was made public Friday.

  • September 06, 2024

    'He Says, She Says' In Harvey Weinstein's America

    The controversial decision by New York's highest court to overturn Harvey Weinstein's sexual assault conviction has some lawmakers focusing intense new scrutiny on centuries-old legal jurisprudence barring evidence of a defendant's criminal propensity.

  • September 06, 2024

    3rd Circ. Follows Corner Post In Home Care OT Change Feud

    Three home care companies' challenge to an Obama-era rule expanding overtime eligibility for certain workers is back on track, the Third Circuit ruled Friday, saying that the U.S. Supreme Court's Corner Post decision mooted a Pennsylvania federal court's ruling that the entities' suit was late.

  • September 06, 2024

    'Insanity Tolling' May Save Ford Rollaway Claims, Panel Says

    A split Michigan appellate panel has revived a lawsuit against Ford Motor Co. from a woman who was run over by her Ford Escape, finding that a genuine dispute exists regardless of whether debilitating stress and depression entitled her to an exception to the statute of limitations.

  • September 06, 2024

    Split 2nd Circ. OKs Jury Of 11 In Fox News Hosts Threat Case

    A split panel of the Second Circuit on Friday upheld a man's conviction for sending messages threatening two Fox News hosts and two members of Congress, despite the jury only having 11 people.

Expert Analysis

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • What We Know From Early Cyberinsurance Rulings

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    Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.

  • 6th Circ. Ruling Highlights Complexity Of ERISA Preemption

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    The Sixth Circuit’s recent ruling in Standard Insurance v. Guy — that the defendant couldn't collect his mother’s life insurance after being convicted of murdering his parents — illustrates how courts must engage in mental gymnastics to avoid the broad reach of Employee Retirement Income Security Act preemption, says Mark DeBofsky at DeBofsky Law.

  • Strategies To Defend Against Healthcare Nuclear Verdicts

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    The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

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    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

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    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

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