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Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 28, 2024
Conn. Justices Eye Lesson For Attys In Deathbed Will Case
Connecticut's highest court on Monday seemed skeptical of an attorney's bid to avoid negligence and contract law claims by three people who did not receive portions of a combined $845,368 gift from a TD Ameritrade account because bank beneficiary forms stymied a testator's deathbed will.
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October 28, 2024
Transgender Inmate's Suit Meets Skeptical 2nd Circ. Judge
A Second Circuit judge pressed counsel for a transgender inmate Monday to explain how prison officials in Connecticut were supposed to know that their failure to refer the inmate to specific gender dysphoria treatment would constitute cruel and unusual punishment, noting that relevant case law may not have put them on notice.
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October 28, 2024
5th Circ. Balks At Ballots Received After Election Day
The Fifth Circuit has ruled against Mississippi being able to count ballots received after Election Day, but it is unlikely to have an effect on the upcoming election.
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October 28, 2024
Mass. Court's Wiretap Ruling May Be Bad Omen For Plaintiffs
A ruling by the Massachusetts high court rejecting wiretap claims over website operators' use of tracking software like Meta Pixel and Google Analytics shows the steep climb plaintiffs may continue to face as they try to apply older laws to modern technologies, experts told Law360.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into also paying for a membership in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 28, 2024
Hotel Guests Ask 3rd Circ. To Look At Algorithm Price-Fix Suit
Three Atlantic City guests are taking their beef with hotel-casinos to the Third Circuit after a New Jersey federal court threw out their lawsuit that accused hotel owners in the town of using an algorithm to inflate the price of rooms.
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October 28, 2024
RNC Asks High Court To Stop Pa. Provisional Ballot Rule
The Republican National Committee asked the U.S. Supreme Court on Monday to freeze a ruling from Pennsylvania's high court allowing voters whose mail-in ballots are rejected as defective to submit provisional ballots instead, claiming the late change to voting rules in a key battleground state could have monumental consequences on the 2024 election.
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October 28, 2024
New Jury Ordered In 'Cop City' Trial Over Court Closure
A defendant in the sprawling, 61-person racketeering indictment of protesters against Atlanta's controversial "Cop City" police training center will get another shot at jury selection after the Georgia Court of Appeals said Monday that a Fulton County trial judge unjustifiably closed her courtroom to the public and the press.
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October 28, 2024
5th Circ. Affirms Texas Health Coordinator Is Not Tax-Exempt
A Texas nonprofit corporation that coordinates healthcare mostly for privately insured patients does not qualify for tax-exempt status because its business fails to help the larger community, the Fifth Circuit ruled Monday in affirming a U.S. Tax Court decision.
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October 28, 2024
NJ Suspends Ex-Carter Ledyard Partner After NY Disbarment
The New Jersey Supreme Court has ordered the indefinite suspension of a former Carter Ledyard & Milburn LLP partner, two years after a New York state appeals court disbarred the lawyer for ignoring subpoenas and failing to cooperate in a fee investigation.
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October 28, 2024
Farm Co. Can't Push Worker's Wage Suit To Arbitration
A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.
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October 28, 2024
Cleary Adds Northern Calif. Deputy Criminal Chief As Partner
The deputy chief of the criminal division of the U.S. Attorney's Office for the Northern District of California has joined Cleary Gottlieb Steen & Hamilton LLP's Bay Area office as a partner in the Americas litigation practice, the firm said Monday.
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October 28, 2024
Va. Asks High Court To Reinstate Voter Rolls Purge
Virginia asked the U.S. Supreme Court on Monday to pause a district court order prohibiting the state from continuing a systematic removal of suspected noncitizens from its voting rolls this close to Election Day, arguing a federal "quiet period" law only protects citizens from last-minute changes to their voting status.
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October 25, 2024
5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order
An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."
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October 25, 2024
Entergy Struggles To Challenge FERC Decision At DC Circ.
The D.C. Circuit is set to decide whether or not utility giant Entergy will be allowed to challenge the Federal Energy Regulatory Commission's rejection of a plan that would change capacity market rules, after finding that it would give Entergy too much market power.
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October 25, 2024
NEPA Rail Ruling Backers Flood Justices With Amicus Briefs
Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.
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October 25, 2024
Va. Takes Block Of Voter Purge Program Straight To 4th Circ.
The state of Virginia lodged an immediate appeal at the Fourth Circuit on Friday after a federal judge said the state can't continue a voter removal program so close to Election Day and must re-register those already purged.
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October 25, 2024
2nd Circ. Denies BNP Quick Appeal In Sudan Refugee Suit
The Second Circuit rejected BNP Paribas SA's attempt to immediately appeal a New York federal judge's May ruling certifying a class of Sudanese refugee plaintiffs in litigation accusing the bank of funding the former Sudan government's human rights violations.
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
9th Circ. Backs 7-Year Sentence Over Chip Exports To China
The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.
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October 25, 2024
Fla. Bar Seeks 2-Year License Suspension Against Klayman
The Florida Bar is asking the state's high court for a two-year license suspension of conservative activist attorney Larry Klayman due to alleged ethical violations in another jurisdiction, saying a more than reciprocal term of punishment is needed in the Sunshine State because Klayman continues to dispute the findings.
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October 25, 2024
DC Circ. Could Nix OK Of $8M Equatorial Guinea Award
The D.C. Circuit on Friday appeared willing to consider nixing enforcement of an $8 million arbitral award against Equatorial Guinea issued in a dispute over an ill-fated hospital operating contract, even as the panel spent much of a hearing focusing on the impact of a decade-old U.S. Supreme Court decision.
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October 25, 2024
Shoplifter's Probation Pot Ban Upheld By Mich. Appeals Court
A Michigan appeals court on Thursday ruled that, notwithstanding the state's legalization of recreational cannabis, a woman who pled guilty to shoplifting violated the terms of her probation by smoking marijuana while it remains federally illegal.
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October 25, 2024
Yale, Travelers Beat Conn. Age Bias Appeals
A Connecticut appeals court on Friday declined to revive claims that Yale University and Travelers Indemnity Co. committed age discrimination with job postings seeking "recent" college graduates, reasoning that the court that threw out the cases properly interpreted state high court precedent.
Editor's Picks
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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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How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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Law360's Guide To Biden's Judicial Picks
UPDATED October 24, 2024 | President Joe Biden is shaping the federal judiciary by adding to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, who made the judiciary more homogeneous as the judges confirmed under him were 84% white and 76% male.
Expert Analysis
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High Stakes In Justices' Review Of Clean Air Act Venue Fights
Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent a wait-and-see approach from some potential litigants, say attorneys at Norton Rose
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Employer Lessons From Mass. 'Bonus Not Wages' Ruling
In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Anticipating Jarkesy's Effect On Bank Agency Enforcement
Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.