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Appellate
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October 03, 2024
3rd Circ. Backs Added Payout For Late Royal Bank CEO
The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."
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October 03, 2024
Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads
The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
Medical Pot Expansion Effort Notches Win In Ark. High Court
The Arkansas Supreme Court has granted an injunction to the activists behind a ballot measure to expand medical marijuana access and ordered the state's secretary of state to verify signatures submitted by the campaign which he had previously deemed invalid.
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October 03, 2024
Parties Ask For Stay In Title IX Transgender Protection Case
The U.S. Department of Education and Texas have asked a Texas federal judge to stay a case involving a challenge to the agency's new policy enforcing protections for transgender students in Lone Star State schools while the issue gets worked out at the Fifth Circuit in a Thursday motion.
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October 03, 2024
4th Circ. Orders Damages Redo In Metal Worker Benefits Fight
The Fourth Circuit ruled Thursday that a Maryland-based sheet metal manufacturer violated federal benefits law by underpaying contributions it owed to a group of union benefit plans, but said a trial court needs to take another shot at calculating damages.
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October 03, 2024
10th Circ. Denies Gunshot Injury Coverage To Hookah Lounge
The Tenth Circuit backed an insurer's win Thursday against a hookah lounge seeking coverage of underlying litigation over paralyzing gunshot wounds a man suffered in 2019 during a shootout between lounge security guards and an armed patron.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
CFTC Asks DC Circ. To Hasten Election Contract Loss Appeal
The U.S. Commodity Futures Trading Commission pressed the D.C. Circuit to immediately schedule its appeal of a district court's decision to permit KalshiEx's listing of election-based event contracts, which the trading platform is poised to oppose.
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October 03, 2024
Fla. Court Reverses Condos' Win In $1M Contractor Dispute
A Florida appeals court Wednesday reversed a win for three condominium associations in a dispute over $1.4 million worth of mitigation work done on the property after Hurricane Irma, ruling that the contractor did not need to be licensed to do most of the work.
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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.
Expert Analysis
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7th Circ. Rulings Offer Employee Vaccine Exemption Guidance
Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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6th Circ. Ruling Highlights Complexity Of ERISA Preemption
The Sixth Circuit’s recent ruling in Standard Insurance v. Guy — that the defendant couldn't collect his mother’s life insurance after being convicted of murdering his parents — illustrates how courts must engage in mental gymnastics to avoid the broad reach of Employee Retirement Income Security Act preemption, says Mark DeBofsky at DeBofsky Law.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.