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Appellate
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
1st Circ. Urged To Back TM Loss For Family Of Late MLB Star
A Puerto Rico agency planning a sports district in honor of late Major League Baseball Hall of Famer Roberto Clemente has pressed the First Circuit to uphold the agency's dismissal from a trademark lawsuit filed by the baseball legend's family alleging unauthorized use of his name and likeness.
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June 13, 2024
Michigan Supreme Court Curbs Voter Interference Law
The Michigan Supreme Court narrowed the reach of a law criminalizing voter intimidation Thursday due to fears it could be used to chill political speech, sending prosecutions for robocalls that aimed to suppress Black voter turnout back to an appellate panel for more review.
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June 13, 2024
4th Circ. Revives Bacardi Fight Over Expired TM Renewal
The Fourth Circuit on Thursday revived Bacardi's lawsuit challenging the U.S. Patent and Trademark Office's decision to renew an expired trademark registration for Havana Club rum, finding such registration renewals can be reviewed by the courts.
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June 13, 2024
Green Groups Challenge EPA Approval Of La. Well Authority
The U.S. Environmental Protection Agency's decision to give Louisiana authority over some underground injection wells, which can be used for carbon capture and sequestration, violated the Safe Drinking Water Act, green groups said in a new lawsuit.
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June 13, 2024
Ford Asks To Defend EPA's Heavy-Duty Truck Emissions Rule
Ford Motor Co. has urged the D.C. Circuit to let it intervene in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emissions standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.
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June 13, 2024
Immigrant Bond Co. Says Sale Complied With $811M Order
An immigrant bond company staring down an $811 million judgment for predatory lending practices is urging a Virginia federal court not to sanction it over its recent sale, saying the transaction complied with the judgment's restrictions on its operations.
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June 13, 2024
Pennsylvania Gov. Sued For More Public Defense Funding
Defendants facing charges in Pennsylvania sued Gov. Josh Shapiro and the state Legislature Thursday over their alleged failure to ensure that people who can't afford an attorney in their criminal cases receive effective and free representation.
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June 13, 2024
Mass. Court Blesses Broad Liability In BMW Dealer Wage Suit
An intermediate Massachusetts appellate panel on Thursday ruled that a BMW dealership employee can sue not only her direct employer for wage law violations, but also a separate company that manages the dealership.
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June 13, 2024
Georgia DA Willis Moves To Ax Trump Appeal In DQ Fight
A prosecutor from Fulton County District Attorney Fani T. Willis' office wants a Georgia appellate court to nix an appeal that seeks to disqualify Willis from her election interference case against former President Donald Trump, claiming the appeal rests on flimsy evidence.
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June 13, 2024
Contentious Del. Corporate Law Changes Sail Through Senate
After triggering rare public dissent, a multipart Delaware General Corporation Law amendment that would let boards cede some governance rights to big stockholders whisked through the state's Senate on Thursday without debate or an opposing vote, with a House vote expected as early as next week.
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June 13, 2024
Justice Thomas Failed To Disclose More Trips, Dems Say
U.S. Supreme Court Justice Clarence Thomas failed to disclose more private jet trips gifted by billionaire and Republican donor Harlan Crow, according to new information released Thursday by Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee.
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June 13, 2024
New State Judge, UT Austin Prof Headed To Biz Court
In his latest round of business court appointments, Texas Gov. Greg Abbott announced Thursday that a recently appointed state court judge and the owner of Sharp Appellate PLLC are his two picks for the new venue's San Antonio-area seats.
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June 13, 2024
Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'
The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.
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June 13, 2024
Conn. Justices Side With Ritzy Borough In Legal Notice Case
The borough of Fenwick, Connecticut, provided adequate legal notice of zoning changes that would allow for short-term home rentals, the state Supreme Court ruled Thursday, rejecting arguments that officials published their decision in a newspaper that does not substantially circulate in the affluent community.
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June 13, 2024
Trade Groups Join EPA Vehicle Emissions Rule Fight
A coalition of trade associations and auto dealers on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's final rule requiring reductions in greenhouse gas emissions from cars, trucks and vans.
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June 13, 2024
6th Circ. Skeptical Of Takings Theory In Mich. Dam Collapse
Property owners whose homes were damaged in flooding caused by a hydroelectric dam collapse met pushback from Sixth Circuit judges Thursday, in their case arguing local governments must compensate them for their losses under a Fifth Amendment takings theory.
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June 13, 2024
Mass. High Court Approves Tipped Wage Ballot Measure
Massachusetts' highest court on Thursday gave its blessing to a November ballot question asking voters to increase the state's minimum wage for tipped workers, finding that pairing the measure with a provision to allow tip pooling is part of an overall public policy goal to boost wages for all service industry employees.
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June 13, 2024
Supreme Court Tightens NLRB Injunction Test
The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.
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June 13, 2024
Justices Say 'Trump Too Small' TM Denial No Speech Violation
The U.S. Supreme Court on Thursday concluded "Trump Too Small" cannot be a registered trademark because it would violate a federal prohibition on using a living person's name without their consent, ruling against a California attorney who said using the phrase should be considered protected political speech.
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June 13, 2024
Abortion Medication Case Ends 'With A Whimper' At High Court
A case that threatened to cut off access to a widely used abortion medication while disrupting the U.S. Food and Drug Administration's authority over drugs and medical devices ended Thursday at the U.S. Supreme Court with a decision concerned solely with challengers' right to sue.
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June 12, 2024
Oklahoma Justices Toss Tulsa Race Massacre Survivors' Suit
The Oklahoma Supreme Court on Wednesday dismissed a lawsuit brought by survivors of the Tulsa Race Massacre in the affluent Black community of Greenwood in 1921, acknowledging as legitimate their "grievance with the social and economic inequities" created by the decimation, but finding that it falls outside public nuisance doctrine.
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June 12, 2024
Hytera Tried 'End Run' Around Court's Power, Motorola Says
Hytera Communications should not be able to get around an antisuit injunction that forced it to end Chinese litigation addressing mobile radio trade secrets, Motorola Solutions told the Seventh Circuit on Tuesday, arguing that Hytera must be stopped from doing an "end run" around the American case against it.
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June 12, 2024
Senate Dems Admonish Roberts As Ethics Reform Stalls
Several senior Democratic senators chided Chief Justice John Roberts on Wednesday for failing to take responsibility for or address the U.S. Supreme Court's ethics issues, vowing to continue fighting Republican opposition and to pass court reform legislation unless the chief justice makes improvements.
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June 12, 2024
FTC Tells DC Circ. It Can Modify $5B Meta Privacy Deal
The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.
Expert Analysis
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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How A Motion Before Justices May Help Trump Beyond Court
Even if Donald Trump loses his presidential immunity claim before the U.S. Supreme Court, the delay created by the motion may mean a trial can't be completed before the November election, says Paul Tuchmann at Wiggin and Dana.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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Conn. Bankruptcy Ruling Furthers Limitation Extension Split
A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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What A Post-Chevron Landscape Could Mean For Labor Law
With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.