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Appellate
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June 24, 2024
Wage Law Doesn't Apply To $32M In PPE Sales, NJ Panel Says
An employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic is not entitled to $1.3 million in commissions under the New Jersey Wage Payment Law, because the sales did not fall under her normal role and are instead "supplementary incentives," a state appeals panel ruled Monday.
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June 24, 2024
DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker
The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.
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June 24, 2024
Ex-NJ Corrections Official Can't Revive Demotion Bias Suit
A New Jersey state appellate court on Monday refused to reinstate a lawsuit against the state's Department of Corrections alleging it demoted a former deputy commissioner because she was in her 60s and underwent a hip replacement, saying the agency's commissioner was free to make personnel decisions.
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June 24, 2024
Julie Chrisley To Be Resentenced, But Convictions Stand
The Eleventh Circuit on Friday upheld the tax evasion and fraud convictions of former reality TV stars Todd and Julie Chrisley, but ordered a Georgia federal judge to resentence Julie Chrisley after finding that the judge failed to fully explore her discrete role in the $36 million scheme.
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June 24, 2024
NC Justice's Politician Dad Doesn't Merit DQ, Lawmakers Say
North Carolina Supreme Court Justice Phil Berger Jr. should not recuse himself from a constitutional challenge concerning the governor's appointment powers merely because his father is president pro tem of the state Senate, top lawmakers argue.
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June 24, 2024
Suit Over Medical Screws Filed Too Late, Texas Panel Finds
A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.
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June 24, 2024
NJ Atty Suspended 3 Years For Unauthorized Practice Of Law
A New Jersey attorney has been suspended from practicing law for three years after she continued to represent clients and mishandle sensitive matters while she was suspended for similar conduct in 2019, according to a New Jersey Supreme Court order.
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June 24, 2024
Mich. High Court Denies Officers' Judge-Shopping Appeals
A divided Michigan Supreme Court has rejected the appeals of three police officers facing charges related to a traffic-stop assault who complained that their cases should not have been handed to a new judge mid-prosecution.
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June 24, 2024
High Court Won't Take Up Michigan Tribal Tag Dispute
The U.S. Supreme Court on Monday declined to take up a petition by a Native American man seeking to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions stemming from a dispute over tribal-licensed tags.
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June 24, 2024
Pa. Court OKs $3.65M Deal On Student Loan 'Pay-To-Pay' Fees
A Pennsylvania federal judge said Monday that she would give her final approval to a $3.65 million settlement of claims that loan servicer Educational Computer Systems Inc. had improperly charged payment fees on hundreds of thousands of federally-backed student loans.
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June 24, 2024
No Coverage For $3M Logging Injury Verdict, 4th Circ. Affirms
The Fourth Circuit has affirmed that an insurer doesn't have to cover a $3 million jury verdict over a man's logging injuries, finding that a North Carolina federal court correctly decided that a broad worker injury exclusion was applicable.
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June 24, 2024
Justices' Removal Notice Decision Unwinds 3 Migrants' Wins
The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.
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June 24, 2024
High Court Passes On Religious Webcasters' Royalty Hike Suit
The U.S. Supreme Court refused Monday to review the federal Copyright Royalty Board's latest hike in royalty rates webcasters must pay to play audio recordings, turning away a radio trade group's appeal challenging one of the increases on religious freedom and administrative procedure grounds.
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June 24, 2024
Justices Pass On Conn. School Vaccine Mandate Fight
The U.S. Supreme Court on Monday declined to review a Second Circuit decision that largely upheld the dismissal of a suit challenging a Connecticut law passed during the COVID-19 pandemic that revoked religious exemptions to student vaccine mandates.
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June 24, 2024
6th Circ. Won't Rethink Partial Revival Of Sanofi Pollution Suit
The full Sixth Circuit has declined to review a split panel's decision reviving parts of a Sanofi unit's lawsuit against a Tennessee landfill owner it accused of improperly shuttering the dump, which then led to the contamination of water at its property.
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June 24, 2024
3rd Circ. Seems Ready To Send Experian Row To Arbitration
A Third Circuit panel on Monday appeared poised to send a Fair Credit Reporting Act lawsuit against Experian to arbitration, questioning whether a plaintiff's dispute over applying an arbitration agreement with an Experian-related credit-monitoring service fell under the "scope" disputes that would also get decided by an arbitrator.
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June 24, 2024
Justices Won't Hear Atty's Appeal Of DQ From Product Case
An attorney who allegedly made false statements about a magistrate judge that subsequently got him booted as plaintiff's counsel in a suit against a handheld torch manufacturer can't appeal his disqualification after the Supreme Court declined to review his bid Monday.
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June 24, 2024
2nd Circ. Reopens Insider Trading Suit Against Hedge Fund
The Second Circuit on Monday revived a lawsuit accusing hedge fund Raging Capital Management LLC of profiting off its position as a corporate insider of 1-800-Flowers, rejecting arguments that a recent U.S. Supreme Court ruling overturned circuit precedent allowing shareholders to sue beneficial owners who partake in short-swing trading.
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June 24, 2024
Justices Affirm 6th Circ. Decision Allowing Bump Stocks
The U.S. Supreme Court on Monday rejected the government's appeal of a Sixth Circuit decision blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives' ban on so-called bump stocks, after finding in a separate case that the ATF rule went beyond the agency's authority.
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June 24, 2024
Justices Pass On Rutgers COVID-19 Vax Mandate Case
The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.
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June 24, 2024
Justices Send 3 US Trustee Fee Cases Back To Lower Courts
The U.S. Supreme Court on Monday vacated three appellate court decisions ordering refunds to debtors who had overpaid U.S. Trustee's Office fees under a previous fee structure and remanded the cases for further adjudication after resolving the issue earlier this month.
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June 24, 2024
High Court To Review $46.6M Award Over 'Dewberry' TM Fight
The U.S. Supreme Court on Monday granted a real estate development company's request to review a $46.6 million trademark infringement award that petitioners argued violated federal law by making its corporate affiliates responsible for the amount.
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June 24, 2024
Justices Will Consider New Question In Holocaust Suit
The U.S. Supreme Court has agreed to again consider a long-running expropriation case brought by Holocaust survivors against Hungary, this time to resolve whether the historical commingling of assets is enough to establish that proceeds of seized property have a commercial nexus to the U.S.
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June 24, 2024
Justices Will Hear Reservist's Case Over Denied Top-Up Pay
The U.S. Supreme Court on Monday said it will hear a federal employee's case over whether he was owed differential pay after being called to active duty in his role as a military reservist, but not directly into a contingency operation.
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June 24, 2024
High Court To Review State Gender Care Bans
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that allowed Tennessee to keep in place a new ban on gender-affirming care for minors.
Expert Analysis
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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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.