Try our Advanced Search for more refined results
Appellate
-
September 09, 2024
Kramer Levin Beats NJ Malpractice Suit From RE Developer
Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.
-
September 07, 2024
Justice Barrett Describes Life With Constant Security Detail
U.S. Supreme Court Justice Amy Coney Barrett said Friday her around-the-clock protection has been the largest adjustment since joining the high court, recalling an evening when she had to explain the bulletproof vest she was issued to her 13-year-old.
-
September 07, 2024
Colo. Justice Warns Judges: Studying Up On AI Isn't Optional
Colorado Supreme Court Justice Maria E. Berkenkotter urged judges and lawyers Saturday not to wait to learn about how artificial intelligence tools are being used in the legal profession, citing thorny situations raised by the technology including litigants who push back against their lawyers based on inaccurate AI-generated information.
-
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.
Expert Analysis
-
The Bank Preemption Ripple Effects After Cantero, Flagstar
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
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
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.
-
How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
-
Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
-
When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
-
Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
-
How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
-
Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
-
Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
-
Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
-
Fed. Circ. Patent Ruling Clarifies Section 101 Procedures
The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.
-
What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
-
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.
-
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.