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Appellate
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September 30, 2024
Texas Says 5th Circ. Border Buoy Ruling Is No Court Split
The federal government and the state of Texas are at odds over how much weight a Fifth Circuit en banc opinion that halted the removal of a 1,000-foot buoy barrier in the Rio Grande should carry, with the Lone Star State rebuking the assertion that the en banc proceedings produced a nine-nine, non-precedential split.
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September 30, 2024
9th Circ. Asked To Interpret DMCA In GitHub Code Suit
A California federal court has asked the Ninth Circuit to determine if the Digital Millennium Copyright Act requires an infringing copy be identical to the original to have an actionable claim for removing copyright management information, a key question in a case where developers sued Microsoft and GitHub for allegedly ripping off code to develop AI tools.
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September 30, 2024
DC Circ. Urged To Revisit Retroactive FARA Registration
The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.
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September 30, 2024
AGs, Academics Back Media Giants In Sports Streaming Fight
ESPN, Fox and Warner Bros. have picked up allies in their push to move ahead with a "sports-first" broadcasting service, with six state attorneys general and a host of respected economics professors urging the Second Circuit to undo a New York court order that blocked the service's launch.
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September 30, 2024
Conn.'s Interim Chief Justice Gears Up For 'Drastic Revamp'
The Connecticut legislature's judiciary committee voted Monday to confirm state Supreme Court Justice Raheem L. Mullins as chief justice on an interim basis, elevating the 46-year-old career public servant after hearing his plans for a "drastic revamp" of courthouse technology and his promise to exercise judicial restraint.
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September 30, 2024
Military Reservist Not Owed Top-Up Pay, Feds Tell High Court
A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.
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September 30, 2024
AFL-CIO Backs NLRB In 6th Circ. Constitutionality Review
The United Auto Workers urged the Sixth Circuit not to block a National Labor Relations Board administrative suit accusing a car parts maker of firing a worker to stifle a union drive, saying the proceeding, which the company claims is unconstitutional, hasn't actually harmed it.
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September 30, 2024
BakerHostetler Says Ethics Suit Must Stay In Ga. Fed. Court
BakerHostetler has asked a Georgia federal court not to remand a suit alleging the firm botched a patent application for a smart wardrobe system to state court, arguing that its former client's claims that the firm violated professional rules under U.S. patent law belong in federal court.
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September 30, 2024
NY Man Must Face Brownstone Deed Theft Charges
A New York state court on Monday denied a Long Island man's bid to escape charges accusing him of using forgery and shell companies to steal two brownstone buildings in Harlem that are worth millions of dollars, disagreeing with the man's argument that the case was too stale to prosecute.
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September 30, 2024
Del. Justices Asked To Revive Malpractice Suit Against Firms
Parents who hired Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA to pursue claims that contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child are urging Delaware's Supreme Court to revive their malpractice suit against the firms, saying they didn't "have an adequate opportunity to litigate."
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September 30, 2024
NJ Senate Confirms Rutgers GC To Supreme Court Seat
John Jay Hoffman was approved to be the newest New Jersey Supreme Court justice by the state Senate on Monday, marking a new high point in the career of the Rutgers general counsel and former New Jersey acting attorney general.
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September 30, 2024
Covington Adds Longtime DOJ Atty With High Court Chops
Sarah Harrington has dedicated almost her entire legal career to public service. But on Dec. 1, following 3½ years overseeing the U.S. Department of Justice's appellate staff in the Civil Division as deputy assistant attorney general, she'll return to private practice as the new co-leader of the appellate and Supreme Court practice at Covington & Burling LLP, the firm said Monday.
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September 30, 2024
Mich. Justices Give Condo Drowning Suit Another Chance
The Michigan Supreme Court on Monday remanded a premises liability lawsuit against a condominium owners association that was brought by the estate of a member, saying an appeals court should take into account the justices' recent ruling that condo associations have a duty to exercise reasonable care to protect condo owners in shared spaces.
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September 30, 2024
NJ Justices Will Take Up Jersey City Gerrymandering Case
The New Jersey Supreme Court has agreed to weigh in on whether the ward maps in the state's second-largest city, which were redrawn after the 2020 census, were properly laid out for compactness or were configured in violation of voters' civil rights.
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September 30, 2024
GM Asks Full 6th Circ. To Rehear Transmission Defect Case
General Motors LLC is asking the full Sixth Circuit to hold an en banc rehearing of a panel decision last month affirming class certification in a suit alleging it sold vehicles with defective transmissions that caused shaking and shuddering, saying the panel ignored precedent in allowing the class claims to go forward.
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September 30, 2024
Mich. Justices Won't Restore 1-800-Bathtub's $1.3M Award
The Michigan Supreme Court on Monday left in place an appellate ruling slashing most of a $1.3 million arbitration award for the owner of a toll-free number, 1-800-BATHTUB.
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September 30, 2024
Red States Urge Justices To Take Up $15 Min. Wage Dispute
Conservative-led states told the U.S. Supreme Court that President Joe Biden's administration misused the Procurement Act when it hiked federal contractors' hourly minimum wage to $15, throwing their support behind two outdoor groups hoping to overturn a Tenth Circuit ruling in favor of the federal government.
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September 30, 2024
Adams Asks To Toss Bribery Charge, Citing Top Court Ruling
New York City Mayor Eric Adams moved swiftly to dismiss the bribery charge from his federal indictment on Monday, arguing that evidence of Turkish officials' gifts to curry favor with him fails to meet a high legal standard laid out by the U.S. Supreme Court.
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September 27, 2024
1st Circ. Drops Bribery, Reinstates Extortion In Casino Case
The First Circuit on Friday reversed both convictions and acquittals in a high-profile bribery and extortion case involving a Rhode Island architect and a Massachusetts tribal official who had been found guilty of a quid pro quo exchange of pricey gifts related to a valuable design contract on the tribe's $1 billion casino development.
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September 27, 2024
7th Circ. Doubts Artist Proved French Montana Copied Work
Two Seventh Circuit judges seemed unsure Friday that they saw enough evidence of copying to reverse rapper French Montana's summary judgment win over claims that he infringed a California producer's sound recording copyright to make his song "Ain't Worried About Nothin'."
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September 27, 2024
SEC Drops Case Against Marcum CPA After High Court Ruling
The U.S. Securities and Exchange Commission quietly dropped an in-house proceeding Friday against a Marcum LLP accountant whose case was called into question by a U.S. Supreme Court ruling that curtailed the agency's use of its administrative courts.
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September 27, 2024
Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices
The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.
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September 27, 2024
Calif. Appeals Court Won't Revive Suit Targeting Zero Emission Reg
A California appeals court has refused to jump-start a natural gas vehicle coalition's lawsuit targeting an Advanced Clean Trucks regulation aimed at boosting the sale of electric zero-emission medium- and heavy-duty vehicles, ruling state regulators properly considered alternatives and impacts.
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September 27, 2024
9th Circ. Says Stem Cell Treatment Not Exempt From FDA Rule
Two California clinics' experimental stem cell treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations, the Ninth Circuit ruled Friday, reviving the federal government's bid to stop the clinic from marketing the products as cures for certain diseases without U.S. Food and Drug Administration review.
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September 27, 2024
Fed. Circ. Urged To Block Gov't Bid To Rehear AI Deal Dispute
An artificial intelligence company has asked the Federal Circuit not to revisit a high-profile decision reviving the firm's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the original ruling fit within the circuit court's precedent.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Justices' Removal Ruling Presents Hurdles, But Offers Clarity
The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Takeaways From Justices' Redemption Insurance Decision
The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.