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Appellate
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August 28, 2024
6th Circ. Frees Mich. City, Mayor From Lead Pollution Suit
The Sixth Circuit on Wednesday tossed all but one remaining defendant from a proposed class action filed by residents of Benton Harbor, Michigan, over elevated lead levels found in the city's tap water, finding allegations that the mayor misled the public to be vague and conclusory.
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August 28, 2024
5th Circ. Says Aviation Treaty Can't Apply To Airline Injury Suit
The Fifth Circuit has ruled in a matter of first impression that an international treaty governing in-flight injuries does not create personal jurisdiction over an airline in the U.S. because the treaty lacks the necessary language to establish such a case's correct venue.
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August 28, 2024
WARF Can't Revive Apple Patent Fight After Axed $506M Verdict
The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.
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August 28, 2024
Red States Raise Alarm Over Methane Rule Retroactivity
Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.
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August 28, 2024
Fed. Circ. Won't Make ITC Reopen Drill Patent Suit
The Federal Circuit said Wednesday that a Japanese company that makes power drills can't force the U.S. International Trade Commission to finish adjudicating a patent case from a rival after the infringement allegations were dropped.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
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August 28, 2024
3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay
The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.
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August 28, 2024
Contractor Drops Fed. Circ. Challenge To Registration Rule
The federal government and a joint venture on Wednesday agreed to end a Federal Circuit appeal that questioned whether the U.S. State Department unfairly disqualified the company from a security contract over its failure to register on the contracting database.
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August 28, 2024
Injured Driver Asks 6th Circ. To Revive Hyundai Car-Theft Suit
An Ohio motorist who was injured in a crash involving a stolen Hyundai vehicle driven by a teenager told the Sixth Circuit on Wednesday that the automaker must be held liable for knowingly selling defective theft-prone vehicles, and ineffectively combating a viral TikTok trend that launched a car-theft "epidemic."
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August 28, 2024
Attempted Child Abuse Is Grounds For Removal, BIA Says
The Board of Immigration Appeals said a noncitizen convicted in Texas of attempting to injure a child is removable, rejecting the man's argument that attempted child injury doesn't constitute actual child abuse under the Immigration and Nationality Act.
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August 28, 2024
11th Circ. Trans Health Redo May Spark Supreme Court Fight
The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.
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August 28, 2024
2nd Circ. Affirms Ex-GE Engineer's Espionage Conviction
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
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August 28, 2024
Insurer Blasts Ralph Lauren's Appeal For COVID-19 Coverage
Factory Mutual Insurance Co. urged the Third Circuit on Wednesday to reject Ralph Lauren Corp.'s bid to recoup up to $700 million in COVID-19 pandemic losses, blasting the fashion house's "conclusory allegations" that it was entitled to coverage.
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August 28, 2024
4th Circ. Says Immigration Board 'Flouted' Review Precedent
The Fourth Circuit on Wednesday overturned a Board of Immigration Appeals decision denying a Yemeni national another chance to seek asylum, ruling that the BIA "flouted its own precedents" in applying a needlessly strict standard to reconsideration of his case.
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August 28, 2024
Del. Justices OK Mid-Case Appeal In Zantac Class Suit
The Delaware Supreme Court on Tuesday said it would hear a mid-case appeal in mass tort litigation over claims that the heartburn drug ranitidine, widely sold under the name Zantac, caused cancer.
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August 28, 2024
Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
High Court Told Tyvaso Row Petition Based On 'False' Premise
A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about why an appeals court rejected United Therapeutics' case.
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August 28, 2024
The Biggest Enviro Cases To Watch In 2024: Midyear Report
Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.
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August 28, 2024
Covering Up For Mayor Not Fire Chief's Job, 6th Circ. Says
Covering up alleged misconduct to help a Michigan mayor pursue reelection was not part of an ex-fire chief's official job duties, a Sixth Circuit panel said Tuesday, finding the fire chief's refusal to lie was protected speech and denying the mayor immunity.
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August 28, 2024
Venezuela Argues For Pause In Chemical Co. Seizure Suit
Venezuela is asking the Eleventh Circuit to put litigation accusing the country of unlawfully seizing a chemical company over sham drug charges on hold until the U.S. Supreme Court weighs in on an expropriation case Holocaust survivors are pursuing against the Hungarian government.
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August 28, 2024
Judge Stays Enbridge's Bid For Quick Win In Pipeline Fight
Enbridge Energy's bid for a quick win in its challenge to Michigan over the company's Line 5 pipeline must wait until Michigan officials' appeal of a ruling to the Sixth Circuit that seeks to overturn an immunity order is resolved, a federal district court judge said.
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August 28, 2024
Ga. Appeals Court Says Worker Should Get Pandemic Aid
The Georgia Court of Appeals overturned a superior court order affirming the denial of pandemic unemployment assistance benefits to a college student who worked part-time at a Chick-fil-A, saying both the trial court and the Georgia Department of Labor's review board wrongly found he quit his job for personal reasons.
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August 28, 2024
Pa. Justices To Mull 'Click-Through' Arbitration Agreements
The Supreme Court of Pennsylvania will review a ruling that so-called "click-through" terms of service for apps and online forms don't give users adequate notice that they are often waiving their rights to a jury trial, according to an order issued Tuesday.
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August 28, 2024
Trump Prosecutor Restarts Precarious Road To DC Trial
The revised federal indictment accusing Donald Trump of scheming to overturn his 2020 presidential election loss is crafted in a way that experts say should allow it to survive scrutiny under the U.S. Supreme Court's ruling granting broad immunity to former presidents for official acts, but the justices could have the final say.
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August 28, 2024
DC Circ. Rejects Challenges To Nuke Waste Storage Site
A D.C. Circuit panel rejected a slew of challenges to federal regulators' approval of a temporary nuclear waste storage site in New Mexico, ruling that the U.S. Nuclear Regulatory Commission was right to include forward-looking terms about federally owned spent nuclear fuel in the license.
Expert Analysis
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Opinion
Justices' Malicious-Prosecution Ruling Shows Rare Restraint
The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Fed. Circ. Skinny Label Ruling Guides On Infringement Claims
The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.