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Appellate
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October 30, 2024
11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief
A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.
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October 30, 2024
4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing
A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.
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October 30, 2024
10th Circ. Upholds Sanctions Against Northwestern Law Prof
A panel of the Tenth Circuit on Wednesday affirmed a Colorado district court's sanctions against a Northwestern University law professor for his frivolous attempt to remove a probate dispute with his sister to federal court, finding in a brief, unpublished opinion that the sanctions were not an abuse of discretion.
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October 30, 2024
Conn. Justices Doubt Fertility Doc Suit Is For 'Wrongful Life'
Some justices of the Connecticut Supreme Court were skeptical Wednesday that a lawsuit accusing a fertility doctor of impregnating patients with his own sperm is a barred claim for wrongful life, pressing defense counsel on the now-grown children's allegations that they suffered psychological harm when they discovered the truth.
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October 30, 2024
Insurer Can't Cap Interest In Birth Injury Case, Patient Says
A patient suing his doctor over injuries he suffered at birth urged the Colorado Supreme Court not to limit interest on his medical malpractice damages to $1 million, arguing in a brief the doctor's insurer had chances to settle the case years ago and refused.
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October 30, 2024
5th Circ. Upholds Texas A&M's Defeat Of Hiring Bias Suit
The Fifth Circuit on Wednesday backed Texas A&M University's win over a professor's lawsuit claiming its hiring practices prevent white and Asian men's applications from being properly considered, finding his failure to actually seek a job at the school doomed his case.
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October 30, 2024
Ex-Ford Models CEO Can't Arbitrate Sex Misconduct Suit
A California appeals court won't let the former CEO of Ford Models send a woman's suit brought under a state sex trafficking law to arbitration, saying her allegations don't fall within the scope of the arbitration agreement she signed.
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October 30, 2024
3rd Circ. Told Medicare Drug Price Talks Not Voluntary
Three pharmaceutical companies told the Third Circuit on Wednesday the Medicare drug price negotiation program is anything but voluntary, arguing the appeals court should revive their challenges to the program because it is unconstitutional.
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October 30, 2024
Ga. Health Commish 'Overstepped' In Hospital Turf War
The Georgia Court of Appeals has tossed a ruling from the state's Commissioner for the Department of Community Health that would have allowed a metro Atlanta hospital system to open a new radiology center, saying Tuesday that the commissioner overstepped his review powers.
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October 30, 2024
COVID-19 Order Could Save Med Mal Suit, Ga. Judges Say
A mistake made by a paralegal working for former Georgia state representative Robbin Shipp may have been saved by a recent Peach State high court ruling that a pandemic-era judicial emergency order can toll the deadline to file medical malpractice suits, the state appeals court found Tuesday.
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October 30, 2024
AIG Tells Del. Justices Texas Medicaid Case 'Steeped In Fraud'
An attorney for insurers who brought a mid-case appeal in a tangled suit focused on a Texas Medicaid claims processor's battles over its alleged errors and omissions in orthodontia billings told Delaware's Supreme Court Wednesday that the original case was "steeped in fraud" and propped up by negligence claims.
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October 30, 2024
4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit
A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.
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October 30, 2024
Mich. Judges Reject Interest For Unclaimed Property Returns
A Michigan appellate panel overturned a trial court Tuesday that admitted it was going against the grain by requiring the state to pay interest when it returns seemingly abandoned property, with appellate judges finding state statute was comprehensive enough to supersede the common law idea that "interest follows principal."
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October 30, 2024
3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival
A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.
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October 30, 2024
Ohio PBM Case Will Wait For High Court Ruling
The Sixth Circuit agreed to pause a case from Ohio state enforcers accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices while the U.S. Supreme Court decides another case dealing with federal versus state jurisdiction.
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October 30, 2024
Mich. Justices To Mull Reviving Diminished Capacity Defense
Michigan's highest court announced Wednesday that it will hold arguments in a case that could reinstate the diminished mental capacity defense in the Great Lakes State.
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October 30, 2024
Ohio Justices Say Attorney In Prison Should Not Be Disbarred
The Ohio Supreme Court ruled Tuesday that an attorney in federal prison for his participation in a tax fraud scheme should not be disbarred, and should have a chance to reapply for his law license in the future
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October 30, 2024
NY Telecoms Urge Justices To Keep Pause On Price Cap
Telecommunications trade groups urged U.S. Supreme Court Justice Sonia Sotomayor to keep New York's broadband price cap for low-income residents on hold even if the justices ultimately decide to review it, saying in a new brief Wednesday enforcement of the price caps would do irreparable harm to their members.
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October 30, 2024
Gulfstream Arbitration Notice To Worker Adequate, Court Says
Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.
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October 30, 2024
Pa. Panel Says Undated Special Election Votes Should Count
A split Pennsylvania appellate court ruled Wednesday that throwing out mail-in votes solely for missing or "incorrect" dates on their outer envelopes was a violation of the state's constitution, but insisted the ruling applies only to a September special election in Philadelphia.
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October 30, 2024
3rd Circ. Vacates, Remands Philly Union Rule Suit
The Third Circuit revived a suit by a group of contractors against Philadelphia and its mayor's office over the city's former policy requiring that companies working on public projects be members of certain designated unions, ruling that those contractors still have standing for injuries that arose while the rule was enforced.
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October 30, 2024
High Court Says Va. Can Keep Purging 'Noncitizen' Voters
A divided U.S. Supreme Court wiped out a federal court order Wednesday that prohibited Virginia from removing suspected noncitizens from its voting rolls this close to Election Day, a program the U.S. Department of Justice and advocacy groups claim has erroneously stripped eligible voters of their constitutional rights.
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October 29, 2024
Wash. Chief Justice Calls Diversity 'Critical' For Courts
Washington Supreme Court Chief Justice Steven González reflected Tuesday night on what diversity in cultural perspectives can bring to classrooms and courtrooms alike, remarking that the dynamic on the high court has changed for the better during his 13 years on the bench as he's been joined by more colleagues of color.
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October 29, 2024
Justices Won't Let RFK Jr. Off Mich., Wis. Ballots
The U.S. Supreme Court on Tuesday rejected Robert F. Kennedy Jr.'s emergency requests to have his name removed from the presidential ballots in the key battleground states of Wisconsin and Michigan.
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October 29, 2024
Sporting Goods Chain Beats Suit By Man Shot With Stolen Gun
A Missouri appeals court on Tuesday affirmed the dismissal of a suit seeking to hold Academy Sports liable after a man was shot by a gun stolen from the store, saying a federal law shielding firearms dealers from third-party criminal acts did indeed apply.
Expert Analysis
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Ore. Insurance Litigation Is Testing The Bounds After Moody
Despite the Oregon Supreme Court’s attempt to limit application of its 2023 decision in Moody v. Oregon Community Credit Union, which for the first time awarded extracontractual damages stemming from alleged negligent claims handling, recent litigation shows Oregon insurance companies face greater exposure, says Sarah Pozzi at Cozen O’Connor.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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How 3 Recent High Court Rulings Could Shape Fintech Policy
The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.