Try our Advanced Search for more refined results
Appellate
-
August 21, 2024
VA Tells High Court Veterans' PTSD Claims Correctly Rejected
The federal government urged the U.S. Supreme Court not to overturn decisions denying two veterans' claims for post-traumatic stress disorder benefits, saying lower courts properly refused to reconsider evidence whether the vets deserved the benefit of the doubt.
-
August 21, 2024
9th Circ. Lets Atty Fight Against $8M Malicious Prosecution
A Nevada attorney may take to the federal court to challenge an Arizona state court's civil judgment finding him liable for malicious prosecution, the Ninth Circuit determined Wednesday, finding the federal district court was wrong to toss his claims on the grounds they were barred by jurisdictional precedent established in the Rooker-Feldman doctrine.
-
August 21, 2024
Split 6th Circ. Partly Revives GM Drivers' Truck Emissions Suits
A divided Sixth Circuit panel on Wednesday revived drivers' state-law claims in consolidated litigation alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, rejecting a district court's finding that the claims conflicted with federal law.
-
August 21, 2024
Insurers Escape Calif. Starbucks Drive-Thru Easement Row
A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.
-
August 21, 2024
High Court Told Nvidia Case Could Damage Crypto Industry
The Digital Chamber is warning that a U.S. Supreme Court dispute between chipmaker Nvidia Corp. and some of its investors poses a "grave risk" to the entire cryptocurrency industry by threatening to expose it to costly litigation should the justices uphold a lower court ruling allowing the lawsuit to move forward.
-
August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
-
August 21, 2024
2nd Circ. OKs Argentine Bondholders' $310M Collateral Win
The Second Circuit on Wednesday affirmed a finding that Argentina must turn over to its onetime bondholders reversionary interests worth over $310 million in collateral backing so-called Brady Plan bonds from the 1990s that recently matured, rejecting the country's arguments that the Foreign Sovereign Immunities Act shields its interests in the collateral.
-
August 21, 2024
6th Circ. Says Fired Worker's Asthma Not Covered By ADA
A split Sixth Circuit panel on Wednesday backed the dismissal of an asthmatic worker's suit claiming an entertainer management firm unlawfully fired her for requesting to telework during the COVID-19 pandemic, saying she hadn't shown that her condition triggered the federal disability bias law's protection.
-
August 21, 2024
Hedge Fund Priest Sues SEC Over Proposed Industry Ban
A Greek Orthodox priest and hedge fund founder who beat most civil claims brought by the U.S. Securities and Exchange Commission at a 2021 trial sued the agency Wednesday, claiming it is unconstitutionally trying to implement a lifetime ban from the securities industry through an administrative case.
-
August 21, 2024
Fla. High Court Rejects Petition Against Abortion Measure Info
Florida's high court Wednesday rejected a petition from a group challenging the financial impact statement attached to a measure legalizing abortion up to 24 weeks that's slated to appear on the state's ballot in November, saying they never initially challenged a committee's authority to revise a statement they considered flawed.
-
August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
-
August 21, 2024
Daughter Keeps $9.2M Win In Father's Med Mal Death Suit
A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.
-
August 21, 2024
Feds Chide Iowa's 'Implausible' Immigration Law Defense
The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.
-
August 21, 2024
9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate
The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.
-
August 21, 2024
Minn. Justices OK Denial Of Homestead Tax Break
A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.
-
August 21, 2024
EPA Urges 8th Circ. Not To Delay Power Plant Effluent Rule
The U.S. Environmental Protection Agency and green groups on Tuesday asked the Eighth Circuit not to block the implementation of a rule that set new wastewater standards for coal-fired power plants, as utility companies, trade groups and nearly two dozen states that oppose the rule have urged.
-
August 21, 2024
3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute
The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.
-
August 21, 2024
Fed. Circ. Says Apple Can't Ship Haptic Tech IP Case To Calif.
Apple on Wednesday lost its appeal to move a lawsuit accusing it of infringing another company's haptic feedback device patents from the Western District of Texas to California, with the Federal Circuit holding that U.S. District Judge Alan Albright's denial of the transfer showed no clear abuse of discretion.
-
August 21, 2024
Justices Urged To Take Up 9th Circ. $1.3B Award Suit
The corporate arm of India's space agency is trying to downplay how big of a circuit split the Ninth Circuit created when it ruled it had no jurisdiction over a $1.3 billion arbitral award, but the company's attempts are "unconvincing," an Indian satellite telecom has told the U.S. Supreme Court.
-
August 21, 2024
How AI Could Shake Up Federal Evidence Rules
Judges, lawyers and academics say it's only a matter of time before the breakneck development of artificial intelligence collides with a cautious, slow-moving judicial system and gives rise to a thorny array of evidentiary issues. They're just not sure what to do about it.
-
August 21, 2024
Dems At DNC Push For High Court Reform
Democratic lawmakers on Wednesday made the case at an event adjacent to the Democratic National Convention that U.S. Supreme Court reform is an issue that everyday Americans should care about and championed the progress made thus far.
-
August 21, 2024
Chamberlain Hrdlicka Can't Nix $700K Award To Consultant
A Lone Star State appellate court has sided with a cost-cutting consulting firm in preserving a $700,000 judgment it was awarded following a 2022 jury trial against Chamberlain Hrdlicka White Williams & Aughtry, rejecting the law firm's argument that its liability was limited to a far lower amount under their contract.
-
August 21, 2024
Fla. Court Won't Revive Miami Atty's $5B Defamation Suit
A Florida state appeals court refused Wednesday to revive a Miami lawyer's $5 billion defamation suit against the Florida Bar and a newspaper over an article about events surrounding a previous legal action he filed against a doctor that he claims caused him irreparable reputational damage.
-
August 21, 2024
Wells Fargo Hires Jones Day After $22M ADA Trial Loss In NC
Wells Fargo has beefed up its legal representation with a powerhouse appellate litigator and an employer-side labor lawyer, both from Jones Day, following a jury's decision last month to enter more than $22 million in damages against it in a former director's disability discrimination case in North Carolina federal court.
-
August 21, 2024
Judge To Mull Recusal In Boston Marathon Bombing Case
A Boston federal judge said Wednesday he will allow briefing on whether he should recuse himself from the case of convicted Boston Marathon bomber Dzhokhar Tsarnaev, who is seeking a new sentencing trial over claims of possible jury bias.
Expert Analysis
-
CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
-
Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
-
5th Circ. Bond Claim Ruling Shows Creditors Must Be Vigilant
In Raymond James & Associates v. Jalbert, the Fifth Circuit recently held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan because the indemnified party failed to speak up, demonstrating that creditors must proactively protect their rights, says Joshua Lesser at Bradley Arant.
-
4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
-
Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
-
Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
-
3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
-
How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
-
One Contract Fix Can Reduce Employer Lawsuit Exposure
A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.
-
What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
-
High Court Injunction Case Could Shake Up Fee-Shifting Rules
In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.
-
Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
-
The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
-
Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
-
CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.