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October 07, 2024
5th Circ. Casts Doubt On SEC's Updated Short-Selling Rules
A Fifth Circuit panel on Monday appeared skeptical of the U.S. Securities and Exchange Commission's arguments for maintaining two regulations aiming to bolster transparency around short selling in the marketplace, with one judge asking whether the agency was "having cake and eating it too," by claiming that the rules were not interconnected in a way that was fatally flawed.
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October 07, 2024
NJ Justices Skeptical Philly Archdiocese Subject To NJ Courts
New Jersey Supreme Court justices on Monday appeared skeptical that the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, questioning whether it was being asked to extend personal jurisdiction to where it hasn't gone before.
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October 07, 2024
9th Circ. Revives Asylum App Denied Over Alleged Plagiarism
The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.
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October 07, 2024
Missed Deadline Ends Ga. Nightclub's Appeal Of Atty DQ
The Georgia Court of Appeals said it won't hear a challenge to a Fulton County judge's decision to disqualify a lawyer from a property dispute after it was revealed the attorney advised one of the defendants to carry out alleged property destruction central to the case.
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October 07, 2024
Merck Immune For 'Inflated' Vax Claims To FDA, 3rd Circ. Says
A divided Third Circuit panel inoculated Merck from claims that it tried to prevent competition by making inflated declarations to federal regulators about its mumps vaccine, with the majority ruling Monday that because Merck convinced federal regulators it had extended the vaccine's long-term potency, those assertions can't have been an anticompetitive "sham."
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October 07, 2024
Miss. Can't Use Federal Law To Squelch Pot Ads, 5th Circ. Told
A Fifth Circuit panel on Monday pushed attorneys for a Mississippi medical marijuana business and state officials to articulate when it is acceptable for governments to restrain commercial speech as it pertains to conduct that is illegal under federal law, but regulated under state law.
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October 07, 2024
Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post
The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law.
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October 07, 2024
Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit
The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.
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October 07, 2024
Decision In Jurisdictional Case 'Outlier,' High Court Told
An attorney representing Royal Canin USA Inc. and Nestlé Purina PetCare Co. on Monday told the U.S. Supreme Court that a jurisdictional decision in a case over prescription dog food is both an "extreme outlier" and goes against more than a hundred years of precedent.
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October 07, 2024
DC Circ. Says Frat Members Can't Sue Over 'Nazi-Like' Photo
The D.C. Circuit won't let four Gallaudet University alumni revive their defamation suit against the school and the Washington Post over their comments about a photo that depicts two of the men in a group of Kappa Gamma fraternity members doing a salute that resembles the infamous Nazi salute.
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October 07, 2024
High Court Doubts States Can Police Federal Rights Claims
The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.
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October 07, 2024
No Firm Schedule For New LNG Rule, Feds Tell DC Circ.
The Biden administration has told the D.C. Circuit that it has no "firm schedule" for revising a rule allowing liquefied natural gas to be transported by rail, information the court asked for in litigation filed by environmental groups opposed to the regulations.
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October 07, 2024
Split DC Circ. Says FERC Can Require Power Plant Upgrade
Federal energy regulators were right to require NextEra Energy to upgrade its New Hampshire nuclear power plant's circuit breaker to accommodate a new transmission line being developed by Avangrid Inc., a split D.C. Circuit panel has ruled.
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October 07, 2024
3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases
3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.
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October 07, 2024
5th Circ. Gears Up To Tackle High Court's ICWA Ruling
The Fifth Circuit Court of Appeals is gearing up to tackle the high court's ruling last year that upheld the Indian Child Welfare Act, which determined that the nearly 50-year-old law does not exceed the federal government's authority in imposing a standard procedure on Indigenous child custody cases.
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October 07, 2024
7th Circ. Revives Wage Claim In Sales Rep's Bonus Suit
A sales associate adequately showed that he and the technology and consulting company employing him had an agreement under which he would receive a bonus after meeting a sales target, the Seventh Circuit ruled, sending his wage claim back to Illinois federal court.
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October 07, 2024
Justices Won't Hear Commerzbank RMBS Fight With US Bank
The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.
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October 07, 2024
Trio Of 1st Circ. Criminal Cases Turned Away By Top Court
The U.S. Supreme Court on Monday declined to review three white collar cases on appeal from the First Circuit, including challenges to a cryptocurrency founder's conviction for investor theft and an Illinois attorney's fraud and money laundering conspiracy verdict.
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October 07, 2024
Sanctioned Election Denier Is Stalling, Dominion Exec Says
A former Dominion Voting Systems executive urged a Colorado federal judge Monday to find a key witness and 2020 election denier can't appeal a $1,000-per-day sanctions order for walking out of a deposition, arguing the appeal is a "frivolous" delay tactic.
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October 07, 2024
NJT Cop Can't Overturn Firing Over Positive THC Test
A New Jersey appeals panel won't upend a decision by the New Jersey Transit Corp. police chief terminating an officer for testing positive for THC, rejecting the officer's argument that the chief wrongly deviated from an administrative law judge's determination that the test was unreliable.
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October 07, 2024
Stormwater Fees Not Illegal Tax, Mich. Appellate Panel Finds
Stormwater drainage charges in Ann Arbor constitute a lawful fee and not an illegal tax, the Michigan Appeals Court ruled, saying the charges did not require voter approval as demanded under the state constitution for increased local tax rates.
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October 07, 2024
Sparring With Adams, Feds Shadowbox The Supreme Court
The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.
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October 07, 2024
Mich. Judges Ask If 'Deplorable' Robocalls Actually Criminal
A Michigan appeals court panel is considering for a second time whether two conservative activists can be criminally prosecuted for running a misinformation campaign that one judge on Monday called "deplorable," after the state Supreme Court narrowed the reach of the law they were charged with violating.
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October 07, 2024
Grocery Co. Won't Get High Court Review Of Gender Bias Suit
The U.S. Supreme Court announced Monday it won't review the revival of a gender bias case brought by a woman who said she was fired from her management role in a grocery store chain after her supervisor repeatedly said that management jobs were "too stressful" for women to handle.
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October 07, 2024
11th Circ. Balks At Ex-Braves' $47M Easement Case
Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.
Expert Analysis
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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.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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3 Presidential Privilege Questions After Trump Ruling
The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.