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Appellate
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November 05, 2024
Fla. Judge Overcomes Loss In Last Election To Win Seat
Florida voters opted Tuesday to retain an appellate judge who was elevated to the newly created Sixth District Court of Appeal by Gov. Ron DeSantis after being ousted from the trial court bench in Tampa largely thanks to a highly publicized decision to deny a teenager an abortion because of poor grades.
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November 05, 2024
Houston Metro Can Blame Sniper In Cop Shooting Suit
A Texas appeals court on Tuesday cleared the way for Houston's transit authority to blame a third-party sniper for the shooting of a police officer instead of a Metropolitan Transit Authority of Harris County officer, saying there is credible evidence that the sniper was behind the shooting.
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November 05, 2024
Justices Urged To Take Up 9th Circ. Sesame Oil TM Decision
The U.S. Supreme Court is being asked to take up a Ninth Circuit ruling that disfavored an India-based sesame oil company, with the company arguing that the circuit court ignored high court precedent, resulting in "a constitutional error" in its trademark infringement case and causing a Lanham Act violation.
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November 05, 2024
USPTO Says Hyatt Forfeit Appeal Relies On Rejected Args
A D.C. federal judge properly held inventor Gilbert Hyatt forfeited his rights to receive certain patents by delaying his applications for decades, and the inventor's claims otherwise rehash arguments the Federal Circuit has already rejected, the U.S. Patent and Trademark Office told the circuit court.
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November 05, 2024
Wash. Courts' Website Goes Dark After 'Unauthorized Activity'
The Washington state courts' website was down for a second day Tuesday following an outage officials attributed to "unauthorized activity," though few details were available.
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November 05, 2024
Texas Justices Shut Down Last-Minute Poll Judge Challenge
The Texas Supreme Court on Monday denied a last-minute challenge to the distribution of presiding judges at Travis County polling locations, with one justice chiding the county's Republican Party for filing its petition on the eve of the election while conceding it appears the county's election administrator "has not complied with her statutory duties."
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November 05, 2024
Fubo Defends Block Of Sports Streaming Service At 2nd Circ.
Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.
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November 05, 2024
DC Circ. Wary Of FTC Changes To $5B Meta Privacy Deal
The Federal Trade Commission faced a skeptical D.C. Circuit panel Tuesday in its bid to modify a $5 billion privacy deal with Meta, with judges questioning why any private company would settle with the agency if the deal could later be reopened.
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November 05, 2024
9th Circ. Says State Farm Needn't Cover Sex Assault Claims
A State Farm unit doesn't owe coverage to a man accused of sexual assault, the Ninth Circuit held Tuesday, affirming that the man engaged in deliberate and intentional conduct and thus there was no occurrence, or accident, for the purpose of triggering coverage.
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November 05, 2024
FTC Defends Noncompete Ban In 11th Circ. Appeal
The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.
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November 05, 2024
Justices Appear Wary Of Higher FLSA Evidence Standards
The U.S. Supreme Court seemed skeptical of heightened evidence standards for the Fair Labor Standards Act overtime exemptions during oral arguments Tuesday, grilling workers' counsel about why such wage rights are more important than others.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Amazon Bashes Wash. Supreme Court's Price-Gouging Ruling
Amazon urged a Washington federal judge Monday to toss an updated proposed consumer class action alleging price gouging during the pandemic, saying the claims remain overly broad and the Washington Supreme Court's interpretation of the state's consumer protection law is unconstitutionally vague.
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November 05, 2024
Meta Ruling Will Fuel Class Actions, Chamber Warns Justices
Business organizations are backing Meta's appeal of a Ninth Circuit ruling upholding damages class certification for a group of Meta advertisers claiming they were misled about Facebook's ad tools, with the industry outfits telling the U.S. Supreme Court that the Ninth Circuit is out of sync with other circuits on class questions.
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November 05, 2024
9th Circ. Rules Biden Couldn't Spike Federal Contractor Wage
The Federal Property and Administrative Services Act didn't authorize President Joe Biden to mandate a $15 blanket minimum wage for federal contractors, a split Ninth Circuit panel ruled Tuesday, reviving a challenge four states lodged against the government.
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November 05, 2024
Connecticut High Court Will Hear Atty's Suspension Appeal
The Connecticut Supreme Court has agreed to hear an appeal of a personal injury and workers' compensation attorney's 90-day suspension for misconduct and consider whether he gave up his ability to argue that long delays in the proceedings violated his due process rights.
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November 05, 2024
EPA's Superfund 'Blank Check' Dooms PFAS Rule, Groups Say
The U.S. Environmental Protection Agency wrote itself a legal "blank check" to increase the number of chemicals subject to required cleanups under federal Superfund law, industry advocates told the D.C. Circuit.
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November 05, 2024
Burden For Hearst May Override Vax Objection, 1st Circ. Hints
A Boston television station may have been justified in firing a Hearst videographer who refused to get a COVID-19 vaccine during the pandemic even if the worker's religious objections were sincere, the First Circuit hinted during arguments Tuesday.
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November 05, 2024
Insurer Can't Avoid Paying $122K LSU Frat Hazing Award
The Fifth Circuit refused to let an Allstate unit off the hook for coverage of a $122,000 judgment entered in favor of the parents of a former Louisiana State University student who died during a fraternity hazing incident.
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November 05, 2024
Fla. Agency's Election Fraud Power Needs Review, Court Told
A man accused of election fraud is asking the Florida Supreme Court to consider whether the Florida Office of Statewide Prosecution has the authority to pursue the claims against him.
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November 05, 2024
NJ Atty Must Face Malpractice Suit Over Real Estate Deal
A New Jersey state appeals court on Monday said a Clifton-based attorney must face part of a legal malpractice action over his handling of a real estate transaction.
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November 05, 2024
1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars
A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.
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November 05, 2024
Georgia Atty Disbarred After Theft Conviction
A Waco, Georgia, attorney was disbarred Tuesday after he was convicted of "theft by conversion" for taking advantage of an elderly client.
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November 05, 2024
On Election Eve, Trump Fights Reviving Nixed Charges In Ga.
With voters set to decide on his bid to return to the White House, former President Donald Trump has urged a Georgia state appeals court to reject an attempt by the Fulton County District Attorney's Office to reinstate six criminal charges against him and five of his co-defendants in an election interference case.
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November 05, 2024
FERC Skimped On Pipeline Review, Environmental Groups Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
Expert Analysis
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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What To Expect As Worker Bias Suit Heads To High Court
The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.