Try our Advanced Search for more refined results
Appellate
-
November 07, 2024
7th Circ. Sends Refuge Power Line Fight Back To Wis. Judge
A Seventh Circuit panel scrapped stayed preliminary injunctions that temporarily blocked a power transmission line from crossing the Upper Mississippi River National Wildlife and Fish Refuge, directing a Wisconsin federal judge to determine if conservation groups' request for permanent relief is warranted or even possible with the line now built.
-
November 07, 2024
11th Circ. Revives Project Veritas' CNN Defamation Suit
The Eleventh Circuit reversed the dismissal of Project Veritas' defamation lawsuit against CNN on Thursday, saying the group's claim was plausibly alleged against the news network over an anchor's on-air characterization of why the organization was suspended from Twitter, the social media website now named X.
-
November 07, 2024
Ariz. Textile Launderer Denied Manufacturing Tax Break
An Arizona company that launders, sanitizes and rents textiles to the healthcare industry was correctly denied a use tax exemption because it was not a manufacturing or processing operation eligible for the break, an Arizona appeals court said Thursday.
-
November 07, 2024
Tribes Make New Push For Voter Access And Representation
Facing long-standing barriers to voting access and a spate of close races, Native Americans ramped up efforts this election cycle to encourage voter turnout, elect Indigenous candidates and highlight the absence of issues affecting Indian Country on the national stage — with mixed results.
-
November 07, 2024
Apache Say 'Stakes Are Clear' In Oak Flat Land Dispute
The federal government is trying to manufacture problems by claiming that a law aimed at protecting the religious rights of minorities can't apply to later-enacted statutes, an Apache nonprofit has told the U.S. Supreme Court in its bid to save a sacred worship site in Arizona from mining destruction.
-
November 07, 2024
11th Circ. Backs Bombardier In Mechanic's Race Bias Suit
The Eleventh Circuit upheld a Bombardier unit's win Thursday in a retired Black worker's suit claiming he was forced to leave his mechanic role because of the racism he experienced on the job, finding he hadn't alleged any mistreatment serious enough to sustain his case.
-
November 07, 2024
Mass. Court Affirms Nix Of Property Tax Appeal Citing Blight
A Massachusetts homeowner's request for a property tax abatement because of local blight was properly rejected by a state tax board because the owner did not pay the tax at issue as required, the state appeals court ruled Tuesday.
-
November 07, 2024
NC Court Refuses Law Firm Sanctions In Bankruptcy Fee Fight
A North Carolina business bankruptcy law firm and its founder have escaped sanctions for allegedly lying to a trial court about its communications in a fee dispute, as a state appellate court said the former client's sanctions motion must fail as a matter of law because he "unreasonably delayed" filing it.
-
November 07, 2024
Feds Say Fla. Atty Can't Shake COVID Relief Fraud Conviction
In a case involving a Florida lawyer serving a 75-month sentence for a COVID-19 loan fraud scheme, federal prosecutors are arguing that the trial judge was correct to allow a witness to testify that the defendant had talked about having another co-conspirator killed.
-
November 07, 2024
Louisiana Says EPA Usurped State Power In Pollution Row
The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency.
-
November 07, 2024
NC Panel Affirms Axing Sex Abuse Suit As Sanction For Delay
A North Carolina appeals panel found in a precedential ruling that a trial court was right to toss a man's sex abuse suit against the Roman Catholic Diocese of Raleigh as an appropriate sanction for his counsel having "deliberately and unreasonably delayed service of process."
-
November 07, 2024
Trump's Victory Muddles NY Sentencing: 'No Playbook Here'
The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.
-
November 06, 2024
Judiciary Panel Spurns Broadcasts, But More Pressure Looms
Despite support from a jurist who televised a mass murderer's trial, the lead rulemaking body for federal criminal cases voted Wednesday against loosening limits on courtroom broadcasts, but members exchanged sharply conflicting views and predicted that digital age pressure will keep rising.
-
November 06, 2024
Chicago Pol Urges Narrow Reading Of False Statement Law
The U.S. Supreme Court should narrowly interpret the federal statute barring people from using false statements to influence certain financial institutions because backing the government's broad reading could expose borrowers to criminal liability that was never intended, former Chicago alderman Patrick Daley Thompson argued Wednesday.
-
November 06, 2024
Fed. Circ. Mulls Whether Billable Hour Tech Can Be Patented
The Federal Circuit is set to decide whether a LexisNexis program that helps attorneys track their billable hours is stepping on another company's intellectual property or if that company is simply trying to patent the noninventive concept of keeping time using a computer.
-
November 06, 2024
10th Circ. Backs Colorado Age Limits For Gun Buyers
A Tenth Circuit panel on Tuesday upheld a Colorado law establishing 21 as the minimum age to buy and sell guns in the state, concluding that age restrictions for buying guns don't have to line up with the age of majority.
-
November 06, 2024
9th Circ. Says No New Trial For Tesla Investors' Suit
The Ninth Circuit on Wednesday ruled that a lower court didn't err in denying Tesla investors' request for a new trial regarding their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private, saying there were no improper instructions given to the jury.
-
November 06, 2024
Fla. Can't Reclaim Medicaid Payments On Immigrant Care
A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.
-
November 06, 2024
Alaska Asks 9th Circ. To Roll Back Ringed Seal Protections
The state of Alaska called on the Ninth Circuit to overturn a district court's refusal to eliminate Endangered Species Act protections for Arctic ringed seals, arguing the federal government failed to properly credit new information that raised serious questions about the necessity for continuing protections.
-
November 06, 2024
Venue For Fla. County Suit Against Funder Getting New Look
A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.
-
November 06, 2024
3rd Circ. Mulls Mootness In Boy Scouts Ch. 11 Plan Appeals
Questions over whether equitable and statutory mootness foreclose challenges to the Boy Scouts of America's bankruptcy took center stage Wednesday during arguments before the Third Circuit, with the judges and parties involved noting the impact that changing the Chapter 11 plan that's already in effect could have on thousands of sexual abuse survivors.
-
November 06, 2024
Fed. Circ. Panel Irked By Confusion In Check Patent Case
An irritated Federal Circuit panel criticized attorneys for the United Services Automobile Association and PNC Bank on Wednesday for a lack of clarity on which issues reached a final judgment in their nine-figure patent dispute, with one judge telling them, "You both should be embarrassed."
-
November 06, 2024
1st Circ. Tells Immigration Board To Rethink Torture Definition
The First Circuit has ordered the Board of Immigration Appeals to reconsider denying removal relief for a man wanted for murder in Jamaica, finding that the board incorrectly assumed that direct police participation was needed to back his fear of torture.
-
November 06, 2024
Netflix Jury Will Hear Victim ID Evidence In 'Our Father' Trial
An Indiana federal judge ruled Wednesday that Netflix Inc. can't exclude evidence of third-party statements in a suit accusing the entertainment giant of wrongly revealing the identities of the biological children of a rogue fertility doctor in the "Our Father" documentary, saying the statements were not inadmissible hearsay.
-
November 06, 2024
5th Circ. Chides Texas For Clashing Insurance Law Messages
A Fifth Circuit judge Wednesday told the state of Texas it was "having its cake and eating it too" by arguing it didn't plan to enforce a law governing certain disclosures between vision insurers and optometrists while simultaneously fighting off a temporary injunction enjoining the law from going into effect.
Expert Analysis
-
Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
-
Boosting Confidence In Pennsylvania's Election System
As Election Day nears, Pennsylvania is facing an intense flurry of litigation, including an appeal to the U.S. Supreme Court centered on mail-in and provisional ballots, but the state's election system is robust, and attorneys from all practice areas have an important role to play in ensuring confidence in and access to our election system, says Bucks County Commissioner Bob Harvie.
-
Takeaways From The IRS' Crypto Doc Summons Win
A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.
-
A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
-
Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
-
Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
-
Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope
Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.
-
How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
-
Newly Acquired Information Can Be Key In Drug Label Cases
The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
-
Tips For Employers As Courts Shift On Paid Leave Bias Suits
After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.
-
NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
-
Calif. Ruling Offers Hope For Mitigated Negative Declarations
In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.
-
False Patent Marking Claims Find New Home In Lanham Act
While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
-
3rd. Circ. Ruling Shows Employers Where To Put ADA Focus
A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.
-
Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.