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Appellate
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October 03, 2024
Feds Want A Word In Meta, Nvidia High Court Cases
The federal government is asking to participate in oral arguments in two private investor suits currently before the U.S. Supreme Court, saying that both Meta Platforms Inc. and Nvidia Corp. are wrong about the requirements that shareholders need to meet in order to move forward with lawsuits claiming they were misled about business risks.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
Colo. Panel Finds No Proof Of Bias In Reservoir Project Vote
A Colorado Court of Appeals panel Thursday upheld the dismissal of environmental groups' lawsuit challenging a permit approval for a Northern Colorado pipeline and reservoir project, rejecting claims that two county officials were too biased and should have recused themselves from the vote.
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October 03, 2024
4th Circ. Revives Retaliation Claim In NIH Race Bias Suit
The Fourth Circuit has revived part of a discrimination suit by a Black former chief grants management officer with the National Institutes of Health, reasoning in a published opinion that the lower court failed to consider her retaliation claim solely in the context of the complaint's allegations.
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October 03, 2024
Soldiers Urge DC Circ. Not To Revive DOD Naturalization Rule
Immigrant soldiers urged the D.C. Circuit to affirm a lower court's order that wiped away a Pentagon requirement to serve for one year before becoming eligible for citizenship, saying lawmakers wanted military personnel enlisting during wartime to reap the benefits of citizenship.
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October 03, 2024
Conn. Justices OK Bar Input On Banking Probe Into Lawyers
The Connecticut Supreme Court will allow the National Creditors Bar Association and the Connecticut Creditors Bar Association to weigh in on a case that questions whether the state banking commissioner violated the constitution's separation of powers doctrine by launching a probe into a law firm and its associated debt negotiation group.
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October 03, 2024
Cos. Want Federal Rule On Litigation Funding Disclosure
The federal courts should adopt a uniform process for the disclosure of third-party litigation funding in federal cases, a host of companies, including Johnson & Johnson and Google, told the judiciary's Rules Committee.
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October 03, 2024
Allred Feud With Ex-Tenant Over 'Large Rodent' Puzzles Judge
Gloria Allred's long-running dispute with a former tenant — who said he fled rats in her Manhattan apartment eight years ago — spilled into New York federal court Monday, leaving the judge to wonder aloud why the celebrity attorney was still suing the man over a $25,000 claim as he sought bankruptcy protection.
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October 03, 2024
Brokerage Made 'Mockery' Of Courts, Texas Justices Told
A Dallas law firm urged the Texas Supreme Court at a hearing Thursday to uphold an appellate court's ruling that tossed a $22 million malpractice verdict against the firm in a dispute with a real estate brokerage, accusing the company of changing positions "depending on where the money lies."
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October 03, 2024
Judicial Picks From 3 States Remain Hearing-Less
With a dwindling number of days left on the Senate's 2024 calendar, Democrats are pushing to confirm more judges so President Joe Biden can meet or exceed former President Donald Trump's record.
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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.
Expert Analysis
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How 3 Recent High Court Rulings Could Shape Fintech Policy
The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: What Loper Bright Portends For The NLRB
While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.