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Appellate
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August 28, 2024
Pa. Ex-Cop Faces Feb. Trial On Trimmed Jan. 6 Charges
A D.C. federal judge set a February date for Joseph Fischer's Jan. 6 Capitol attack trial, clearing the way for the former Pennsylvania cop to be tried by prosecutors after the U.S. Supreme Court struck down the obstruction of Congress charge in his case.
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August 28, 2024
Justices Won't Revive Student Debt Relief Plan Right Now
The U.S. Supreme Court on Wednesday refused to reinstate President Joe Biden's latest student loan debt relief program, leaving the $475 billion plan on ice until the Eighth Circuit decides whether the administration has the authority to continue its new push to reduce student loan bills for millions of people.
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August 28, 2024
DOL Backs IBM Retirees' Bid To Revive Suit At 2nd Circ.
The U.S. Department of Labor urged the Second Circuit to revive a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, stating the lower court's ruling tossing the case "flies in the face" of U.S. Supreme Court precedent.
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August 28, 2024
Ex-Assistant DA Can't Revive Retaliation Suit At 9th Circ.
The Ninth Circuit declined Wednesday to reinstate a former assistant district attorney's suit claiming he was fired by the city of San Francisco for whistleblowing about what he alleged was misconduct, ruling there's not enough proof he was canned for going to the media with his concerns.
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August 28, 2024
Farm Co. Defends Switch To Amortization In 8th Circ. Tax Fight
An Arkansas company that leases land eligible for government farm subsidies was entitled to start amortizing the acres for better tax treatment without notifying the IRS, the company told the Eighth Circuit, asking the court to overturn a decision denying its related deductions for 2013 and 2014.
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August 28, 2024
Tenn. High Court Says Pot Smell A Factor In Probable Cause
Tennessee's highest court has ruled that notwithstanding the federal legalization of hemp, which smells like marijuana, a drug-sniffing police dog's signal that cannabis odor is present can still be a factor in giving law enforcement probable cause for a vehicle search.
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August 28, 2024
Top Gov't Contracts Cases To Watch In The 2nd Half Of 2024
Federal courts in the latter half of 2024 are expected to scrutinize a strict federal registration requirement for contractors and decide whether whistleblower False Claims Act cases are constitutional, potentially affecting a key federal anti-fraud tool. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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August 28, 2024
Palin Wins New NYT Libel Trial As 2nd Circ. Chides Rakoff
The Second Circuit granted Sarah Palin a new trial Wednesday in her defamation suit against The New York Times, holding that U.S. District Judge Jed S. Rakoff biased the verdict in favor of the newspaper and "usurped" the jury's role by erroneously tossing the case during deliberations.
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Walmart Has To Face EEOC Again After Losing Bias Trial
The Seventh Circuit gave the Equal Employment Opportunity Commission another chance Tuesday to force Walmart to boost its disability accommodation training after a jury found it intentionally discriminated against an employee with Down syndrome, and affirmed what was originally a $125 million jury verdict later reduced to $419,000.
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August 27, 2024
9th Circ. Says Pakistani Man Didn't Show 'Good Faith' Marriage
The Ninth Circuit has ruled a Pakistani citizen looking to overcome a removal order couldn't show he married a U.S. citizen in good faith, saying in a published opinion that his contention was foiled by an immigration judge's "fatal" adverse credibility finding.
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August 27, 2024
Justices Told Gender Care Ban Defies Decades-Old Precedent
A group of transgender adolescents on Tuesday urged the U.S. Supreme Court to overturn a Sixth Circuit decision allowing Tennessee to enforce a state ban on certain medical procedures that they say treats individuals differently based on their assigned sex at birth.
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August 27, 2024
DOJ Says Immigration Group Can't Join Oklahoma Suit
The federal government urged the Tenth Circuit to reject a Tulsa immigration nonprofit's efforts to join its suit against Oklahoma over a state law that would ban unauthorized immigrants from settling in the state.
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August 27, 2024
Enbridge, Mich. Battle Over Immunity Order In Pipeline Fight
Enbridge Energy and Michigan are swapping barbs over whether a federal district court should defer a summary judgment ruling in favor of the company over its Line 5 pipeline or wait until the Sixth Circuit has decided the state's bid to overturn a decision that it's not immune from the litigation.
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August 27, 2024
Insurer Off The Hook For $1.8M Praying Coach Settlement
A Washington state school district's insurer doesn't have to cover a nearly $1.8 million legal fee settlement the district reached with a high school football coach whom the U.S. Supreme Court found was wrongly suspended for praying on the 50-yard line after games, a state appeals court ruled.
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August 27, 2024
2nd Circ. Urged To Reject Preemption Defense In BofA Row
The Second Circuit should join fellow federal courts in finding that a New York statute requiring all banks to pay at least 2% interest on mortgage-escrow accounts isn't preempted, a former Bank of America mortgage customer has told the appeals court following the U.S. Supreme Court's remand of the matter.
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August 27, 2024
Judges Upend Alaska Airlines Loss, Blame Jury Instruction
A Washington state appeals court on Tuesday threw out a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19 while away from home for her job, in an opinion that said a jury instruction misstated a legal doctrine covering traveling workers.
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August 27, 2024
Chamber Backs Duke Bid To Review Monopoly Suit's Revival
The U.S. Chamber of Commerce is backing Duke Energy Carolinas' bid for an en banc rehearing in the Fourth Circuit after a panel there revived NTE Energy's antitrust suit against the company.
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August 27, 2024
9th Circ. Says Inference Foils Mexican Man's Removal Fight
The Ninth Circuit refused to revive a Mexican-born man's removal order challenge, saying in a published opinion that an Arizona federal court was allowed to choose an unfavorable inference that his mother couldn't transmit U.S. citizenship to him.
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August 27, 2024
5th Circ. Holds Mandate In Subsidy Suit During FCC Appeal
The Fifth Circuit has agreed to let the current subsidy for telecom services remain in place while the Federal Communications Commission seeks U.S. Supreme Court review of a ruling that upended the subsidy system.
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August 27, 2024
Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed
The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.
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August 27, 2024
White Ex-Coach Asks 11th Circ. To Rethink Bias Suit Ruling
A white former football coach has asked the Eleventh Circuit to rethink its choice not to reopen his case alleging that a Georgia school district unlawfully refused to renew his contract because he's white, arguing that the decision deprives him of his right to have his day in court.
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August 27, 2024
Split 5th Circ. Revives Tesla's Case Over La. Sales Ban
A split Fifth Circuit panel revived Tesla's case accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, finding Tesla had done enough to survive dismissal by alleging a regulatory board that included competitors is biased against it.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
AT&T Tells Justices 9th Circ. Erred In Reviving 401(k) Suit
AT&T urged the U.S. Supreme Court to review a Ninth Circuit ruling that upended its defeat of a class action alleging the company mismanaged its employee 401(k) plan, saying Tuesday the appeals court deepened a circuit split that threatens to cause chaos for plan administrators.
Expert Analysis
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.