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Appellate
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October 03, 2024
NJ Panel Opens Door To Remote Testimony In Criminal Cases
Trial courts have the authority to hear requests for experts to testify remotely in criminal trials without the state's permission, a New Jersey state appellate panel found in a precedential ruling on Thursday, saying court rules and precedent that seemed at odds could be interpreted harmoniously.
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October 03, 2024
Newest High Court Reform Bill Would Cap Gifts At $50
A group of Democratic senators has introduced new legislation that would place price caps and other restrictions on gifts received by U.S. Supreme Court justices in an effort to bring the court's ethical rules closer in line with those followed by federal employees and members of Congress.
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October 03, 2024
Colo. Judicial Building To Partially Reopen After Jan. Break-In
The Colorado Judicial Department announced Thursday that the office tower of the building that houses the state's Supreme Court and intermediate appellate courts will partially reopen to the public next week after a January break-in resulted in significant fire and water damage.
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October 03, 2024
Calif. Eateries End COVID-19 Coverage Fight
The operators of two high-end Napa Valley restaurants told the Ninth Circuit they have agreed to end their suit seeking to recover pandemic-related losses from a Hartford unit following the California Supreme Court's ruling in a similar case that a virus exclusion didn't render limited virus coverage illusory.
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October 03, 2024
Ohio Justices Reject Neighbor's Objection To Gas Pipeline
The Ohio Supreme Court on Thursday affirmed a state siting board's accelerated approval for a NiSource unit's 3.7-mile natural gas pipeline in the city of Maumee, rejecting a commercial property owner's claims that the project's risks were not adequately considered.
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October 03, 2024
Chancery Tosses Barry Diller From Match.com Class Suit
Media mogul Barry Diller escaped for a second time a Delaware Court of Chancery stockholder challenge to Match.com's $30 billion reverse spinoff from IAC Interactive, in a post-U.S. Supreme Court remand decision that also kept alive related, previously dismissed claims against five allegedly Diller-loyal "dual fiduciaries."
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October 02, 2024
Convicted Judge Owes Feds Retirement Funds, 7th Circ. Says
A former Illinois judge convicted of running a $1.4 million mortgage fraud scheme must cough up assets from her retirement accounts to cover her restitution obligations, the Seventh Circuit ruled Wednesday, agreeing with a Chicago district court that the government can access her retirement savings to satisfy that debt.
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October 02, 2024
Watchdog Appeals After Court Grants X Access To Donor Lists
The nonprofit group Media Matters for America appealed to the Fifth Circuit on Tuesday after a Texas federal judge ordered it to turn over its donor lists to social media platform X Corp., saying that it still had a First Amendment privilege to keep the names of its donors private.
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October 02, 2024
9th Circ. Won't Force New Factory Farm Water Regs On EPA
The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.
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October 02, 2024
Giuliani Asks DC Circ. To Ax Poll Workers' $148M Judgment
Rudy Giuliani urged the D.C. Circuit Wednesday to throw out the $148 million damages awarded to two Georgia poll workers the former New York City mayor falsely accused of committing ballot fraud during the 2020 presidential election, saying they didn't establish he published the misinformation with actual malice.
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October 02, 2024
Gov't Tells Justices That E-Rate Program Is Covered By FCA
The federal government is urging the U.S. Supreme Court to declare that E-Rate reimbursement fraud is covered by the False Claims Act because the government provides the program's funding.
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October 02, 2024
2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers
A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.
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October 02, 2024
Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row
An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.
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October 02, 2024
Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug
Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.
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October 02, 2024
U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant
U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.
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October 02, 2024
White Ex-Coach Won't Get 11th Circ. Redo In Bias Suit
An Eleventh Circuit panel on Wednesday rejected a former football coach's request to reconsider its decision not to reopen a lawsuit alleging that a Georgia school district refused to renew his contract because he is white.
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October 02, 2024
Amarin Says Sky Isn't About To Fall In Skinny Labels Fight
Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."
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October 02, 2024
Fla. Court Says Superintendent Must Face Perjury Charge
A Florida appeals court Wednesday reinstated an indictment accusing a school superintendent of lying to a statewide grand jury convened in response to the 2018 mass shooting at Marjory Stoneman Douglas High School.
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October 02, 2024
14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule
A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.
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October 02, 2024
Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight
The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.
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October 02, 2024
2nd Circ. Prods NY Appeals Court To Weigh Foreclosure Law
The Second Circuit has urged a state appeals court to provide input on a ruling retroactively canceling U.S. Bank's attempt to foreclose on a Queens condo in 2016 by applying a six-year statute of limitations in the state's 2022 Foreclosure Abuse Prevention Act.
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October 02, 2024
NC's Med Mal Damages Cap Is Constitutional, Panel Told
North Carolina's cap on compensatory damages in medical negligence suits does not impede a citizen's right to a jury trial and is in line with the state's constitution, according to an attorney appointed to defend the law against a woman seeking to collect her full $7.5 million jury verdict stemming from the loss of her unborn baby.
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October 02, 2024
Game Artist's Discovery Violations Doom Gen Con Suit
A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.
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October 02, 2024
Feds Can Back ND Tribes In 8th Circ. Legislative Privilege Row
The federal government can participate in arguments later this month before an Eighth Circuit panel in support of two North Dakota tribes in a discovery dispute over legislative privilege in an already-decided Voting Rights Act case, the appellate court says.
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October 02, 2024
Panel Revives Fraud Suit On Merchant Cash Advance Cos.
An Ohio state appeals court revived part of S&T Bank Inc.'s suit against more than 30 merchant cash advance companies that it accused of working with convicted fraudster Harold Sosna to help him run a check-kiting scheme that cost the bank $58 million.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.