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Appellate
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March 12, 2025
Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds
Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.
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March 12, 2025
Labcorp Warns Fed. Circ. Of 'Balkanization' In Prenatal IP Row
Labcorp, one of the world's largest chains of clinical lab providers, told the full Federal Circuit that a loss it incurred there over a patent tied to a $384 million judgment in Texas was the result of the "balkanization" of the court's patent obviousness jurisprudence.
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March 12, 2025
Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto
Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.
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March 12, 2025
Women Attys, AGs Urge Justices To Protect Provider Choice
Women attorney groups and a group of state attorneys general urged the U.S. Supreme Court to reject South Carolina's attempt to stop Medicaid patients from seeing Planned Parenthood healthcare providers, saying in an amicus brief Wednesday that patients have a right to choose their healthcare providers and have a private right of action to enforce that right.
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March 12, 2025
Trump Admin Seeks To End ACA Access For 'Dreamers'
The U.S. Department of Health and Human Services on Wednesday proposed a regulation that would do away with the Biden administration's rule allowing recipients of Deferred Action for Childhood Arrivals to qualify for Affordable Care Act coverage.
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March 12, 2025
Panel Decries Judge's Watergate Remarks, Axes $2M Verdict
A Florida appeals court on Wednesday vacated a $2 million verdict in a slip-and-fall suit against Walmart, saying the trial court's comments that allegedly missing video evidence was akin to Nixon's actions in the Watergate scandal signaled his preconceived notion that the company improperly destroyed evidence.
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March 12, 2025
Look At All These 1-Word Orders In IP Cases, Justices Told
A patent owner has told the U.S. Supreme Court that there's momentum behind its push for scrutiny of the Federal Circuit's one-word orders in patent cases and its challenge to courts' summary judgment practices in such matters.
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March 12, 2025
Tech Mahindra Urges Justices To Nix White Worker's Bias Suit
Tech Mahindra asked the U.S. Supreme Court to review a Third Circuit's ruling reviving a proposed class action claiming the information technology company favored South Asian employees, arguing it deepened a circuit split by greenlighting a case that should have been time-barred.
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March 12, 2025
Del. Senate Panel Sends Corp. Law Overhaul To Full Chamber
Delaware legislation that could narrow stockholder opportunities to sue state-chartered corporations for fiduciary duty breaches or access to books and records moved to the state's full Senate on Wednesday after a less than 90-minute committee hearing that leaned toward the bill's supporters.
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March 12, 2025
Education Dept. Eyes Appeal After Teacher Grants Revived
President Donald Trump's administration opened two lines of attack on a Boston federal judge's order temporarily reinstating $250 million in U.S. Department of Education grants for teacher training that were cut last month because of their ties to diversity, equity and inclusion efforts, filing an appeal with the First Circuit while also seeking an emergency stay.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Mich. Justices Fret About Insurer Fallout In Benefits Case
The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.
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March 12, 2025
Mich. Appellate Judge Pans Medical Pot Co.'s Sales Tax Claim
A Michigan Court of Appeals judge sounded skeptical Wednesday of a medical cannabis provisioning center's claim that nonbinding guidance from the state tax agency shielded it from collecting sales tax for the first year after a law regulating its type of business was enacted.
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March 12, 2025
Trump Admin Drops Biden Bid To Unfreeze ACA Trans Rule
The Trump administration asked the Fifth Circuit on Wednesday to dismiss its appeal, filed in July by the Biden administration, of a Texas federal judge's decision to halt a rule protecting access to gender-affirming healthcare.
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March 12, 2025
Del. Justices Uphold LG Co.'s Loss In Firing Challenge
Delaware's top court has backed a Chancery Court ruling that Alphonso Inc., a TV data company majority-owned by an LG subsidiary, was not permitted to push out five co-founders.
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March 12, 2025
COVID Test Device Maker Settles Fed. Circ. Feuds With Rival
A company that makes saliva collection devices used for COVID-19 tests says it will drop out of Federal Circuit appeals fights with Longhorn Vaccines & Diagnostics stemming from the Patent Trial and Appeal Board canceling 183 of Longhorn's patent claims as a punishment for "egregious abuse of the PTAB process."
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March 12, 2025
Mich. Justices Urged To Break Long Silence On Doc Dumping
An attorney for the estate of a crash victim asked Michigan's highest court to reinstate a lawsuit against a truck driver's employer and sanctions for tossing records in a dumpster, saying the case was an opportunity for the court to break its silence on the issue of destroying evidence.
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March 12, 2025
Justices Face Renewed Calls To Nix Mass. Wind Farm Permits
Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.
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March 12, 2025
4th Circ. Voids IRS Win In Collections Suit Against NC Couple
The IRS should not have been granted a district court win over a North Carolina couple's 2007 tax bill because there was conflicting evidence about when the taxpayers had reached out to the agency for an installment payment agreement, the Fourth Circuit said Wednesday.
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March 12, 2025
Second Bid For Roundup Mass Tort Launched In New Jersey
A second application for lawsuits against Monsanto Co. and Bayer AG alleging injuries by exposure to the company's weed killer Roundup to be designated as multicounty litigation has been filed with the New Jersey Supreme Court, according to a notice to the bar.
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March 12, 2025
Cal State Can Bar Caste Bias, 9th Circ. Affirms
A Ninth Circuit panel on Wednesday affirmed a lower court's ruling that two California State University professors lacked standing to challenge the university's inclusion of caste as a protected class in its antidiscrimination policy, saying the policy never specifically mentions Hinduism and therefore does not stigmatize the religion or force self-censorship.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
Property Tax Can Fund Retired Cops' Insurance, Panel Says
A Michigan state appeals court on Tuesday said property taxes imposed by four municipalities to cover the cost of health insurance for retired firefighters and police officers are not illegal, finding a law established before a constitutional amendment barring new taxes without a public vote allowed taxation for broad retirement benefits.
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March 12, 2025
White House Urged To Back Patent Eligibility Bill To Aid AI
The Council for Innovation Promotion has urged the Trump administration to support a legislative overhaul of patent eligibility law and reconsider patent office guidance on the issue as the White House aims to ensure the U.S. plays a dominant role in artificial intelligence.
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March 12, 2025
Drew Eckl Can't Keep Breakaway Firm In Arbitration Over Fees
The Georgia Court of Appeals on Wednesday found that Burke Moore Law Group LLP — founded by former Drew Eckl & Farnham LLP partners and others — cannot be subject to arbitration over fees between Drew Eckl and those ex-firm partners since Burke Moore did not sign the agreement at issue.
Expert Analysis
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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The Rising Need For The Selective Prosecution Defense
In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.