Appellate

  • September 25, 2024

    NJ High Court To Review Judicial Privacy Law In Media Case

    The New Jersey Supreme Court will consider whether a municipality overstepped by using the judicial privacy measure Daniel's Law to stop a journalist from publishing an article about the city's police director's address, according to a recently filed order.

  • September 25, 2024

    Mich. Justices Take Up Prosecutor's Outside Counsel Hires

    The Michigan Supreme Court said Wednesday it will hear arguments in a dispute over the Macomb County prosecuting attorney's power to retain outside law firms for general legal advice.

  • September 25, 2024

    2nd Circ. Eyes New Trial In Yale Retirement Fee Fight

    The Second Circuit appeared inclined Wednesday to revive a class action against Yale University from employees alleging their $5.5 billion retirement plan was mismanaged, as all three judges on the panel pointed out possible issues with jury instructions before a post-trial verdict in Yale's favor in 2023.

  • September 25, 2024

    10th Circ. Revives Amazon Worker's Overtime Suit

    The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.

  • September 25, 2024

    Ex-NY Congressman Argues He Can Be A Fair Federal Judge

    President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.

  • September 25, 2024

    Full Fed. Circ. To Tackle Patent Damages In $20M Google Case

    The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."

  • September 24, 2024

    Full 9th Circ. Vaporizes First-To-File Precedent For FCA Suits

    The full Ninth Circuit on Tuesday overruled circuit precedent and held that the so-called first-to-file rule governing False Claims Act cases is not jurisdictional, meaning that courts can't toss a whistleblower action on jurisdictional grounds rooted in the first-to-file provision.

  • September 24, 2024

    11th Circ. Weighs 'Good Cause' In Franchise Termination Suit

    The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."

  • September 24, 2024

    Cat In The Hat, 'Trashy' Books Mulled In Redo Of Library Row

    The full Fifth Circuit on Tuesday pressed a group of library patrons on whether Texas libraries already routinely engage in viewpoint discrimination through the process of weeding out outdated or unpopular library books during a lengthy discussion of hypotheticals surrounding The Cat in the Hat and the books that 19th-century Americans considered "trashy."

  • September 24, 2024

    Cathode Ray Class Attys Fight Over Fees At 9th Circ.

    Plaintiffs firm Cooper & Kirkham urged the Ninth Circuit Tuesday to reverse a ruling slashing its $3.452 million fee award in since-settled cathode ray tube price-fixing multidistrict litigation, arguing the firm was being unfairly punished for representing a subclass, while lead class counsel slammed the firm's tactics as "extreme mischief."

  • September 24, 2024

    Red States Back Florida In CWA Permit Program Fight

    Nineteen red states have told the D.C. Circuit in a friends of the court brief that it should restore Florida's power to administer a Clean Water Act permitting program for dredging approved by the U.S. Environmental Protection Agency but nixed by a D.C. federal judge.

  • September 24, 2024

    Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'

    A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.

  • September 24, 2024

    Eighth Circ. Poised To Weigh FCC's Anti-Redlining Rule

    The Federal Communications Commission is headed to court in St. Louis this week to defend new rules aimed at preventing discrimination in broadband deployment as industry groups opposing the rules fret that enforcement could begin any time.

  • September 24, 2024

    Texas Fair Gun Ban Stands, State Appeals Court Says

    A Texas appeals court has rejected Texas Attorney General Ken Paxton's bid for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, handing the state a loss in a Tuesday order and keeping the ban in place ahead of the fair's opening Friday.

  • September 24, 2024

    Wash. Justices Dubious Of Moonlighting Ban Loophole

    Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.

  • September 24, 2024

    Appeals Court Finds LNG Project Claims Barred By Arbitration

    An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.

  • September 24, 2024

    DC Circ. Open To Industry Challenge To TSCA Reporting Rule

    A D.C. Circuit panel on Tuesday seemed receptive to two trade associations' challenge to new federal regulations aimed at increasing Toxic Substances Control Act transparency, pressing the U.S. Environmental Protection Agency on a facet of the rule that opponents say would lead confidential chemical information to be divulged.

  • September 24, 2024

    1st Circ. Affirms Tossing Of IRS Crypto Doc Seizure Case

    A New Hampshire federal court correctly dismissed a bitcoin investor's claim that the IRS violated his privacy and property rights when it seized his records from the cryptocurrency exchange Coinbase, the First Circuit ruled Tuesday, agreeing that he lacked a reasonable expectation that his account information would be kept private.

  • September 24, 2024

    Nissan, Truck Owner Split On Seriousness Of Juror Remarks

    Nissan told a state appellate panel Tuesday a Harris County judge's investigation into alleged juror misconduct during deliberations in a product liability case against the car manufacturer "presents the most serious invasion of the sanctity of jury deliberations in Texas in a generation," as it fought off an order requiring the case be retried.

  • September 24, 2024

    DC Circ. Mining Decision Unsupported By Law, Groups Say

    Environmental organizations have called on the full D.C. Circuit to rethink a panel's June decision upholding a Bush-era mining regulation that removed limits on how much land near a mining site can be used for secondary operations like waste disposal, saying the ruling departs from that of all other courts.

  • September 24, 2024

    10th Circ. Judge Wants More Info Before Arbitration Decision

    A Tenth Circuit judge suggested Tuesday that the maker of Wonder bread wanted the court to set employment precedent without crucial information, saying the court lacked detail about a wholesaler's relationship with the food manufacturer.

  • September 24, 2024

    Ariz. Cops Can't Revive Late-Filed DUI Suit Against Bars

    An Arizona appeals panel on Tuesday refused to revive two police officers' claims against a pair of bars they allege overserved a man who later collided with their vehicles, finding that the trial court correctly dismissed the case as time-barred.

  • September 24, 2024

    Justices' Immunity Ruling Could Foil Trump Charges, Sens. Told

    The U.S. Supreme Court's prohibition on judges considering a former president's motive when deciding if an act is official and therefore protected from criminal prosecution may present one of the biggest roadblocks in the criminal cases filed against Donald Trump, a former U.S. Department of Justice attorney told lawmakers Tuesday.

  • September 24, 2024

    Mich. Justices Wonder If Pot Smell's Strength Justifies Search

    Michigan's Supreme Court asked Tuesday whether a whiff of marijuana can justify searching a vehicle now that the drug is legal in the state, with one justice claiming his nose can distinguish between stale smells and more recent use, which could indicate impaired driving or illicit public consumption.

  • September 24, 2024

    Ala. Can Enforce Own Interstate Clean Air Plan, 11th Circ. Told

    Alabama told an Eleventh Circuit panel Tuesday that the U.S. Environmental Protection Agency overstepped its authority when denying the state's plan to implement rules limiting harmful interstate emissions under the Clean Air Act, saying the law gives states the "primary" authority to combat air pollution.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    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.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    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.

  • Class Actions At The Circuit Courts: August Lessons

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    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.

  • Planning Law Firm Content Calendars: What, When, Where

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    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.

  • 3 Presidential Privilege Questions After Trump Ruling

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    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.

  • Notable Q2 Updates In Insurance Class Actions

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    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.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    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.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    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.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

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