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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Trade Groups Sue Denver Over Gas Stove Ban
A coalition of trade groups representing the restaurant, home construction, rental housing and propane gas industries have claimed in Colorado federal court that two Denver ordinances that restrict the use of gas appliances can't be enforced because they're preempted by federal law.
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July 05, 2024
Colo. Appeals Court Invalidates Sheriff's ICE Agreement
The Colorado Court of Appeals has ruled that a state law prohibits an agreement between the Teller County Sheriff's Office and U.S. Immigration and Customs Enforcement permitting state and local law enforcement to arrest and detain noncitizens.
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July 05, 2024
Denver Firm Accused Of Botching Business Dispute
The Denver law firm of Fairfield and Woods PC and one of its attorneys has been accused in Colorado state court of malpractice that caused their client more than a million dollars in damages in connection with a business dispute involving the client's brother.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Top Federal Tax Cases To Watch In The 2nd Half Of 2024
In the coming months, the U.S. Treasury and the IRS will defend rules designed to go after what they consider as abusive tax practices, including the economic substance doctrine, the Corporate Transparency Act and the moratorium on employee retention tax credits. Here, Law360 looks at key federal tax cases to watch in the rest of 2024.
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July 03, 2024
24 AGs Urge High Court To Preserve Ghost Gun Regs
A coalition of 24 attorneys general urged the U.S. Supreme Court to uphold a new federal regulation regarding the weapon parts kits consumers can purchase and use to build ghost guns — firearms without serial numbers — treating them the same way preassembled firearms are, saying the new rule is "crucial to preventing and solving violent, firearm-related offenses."
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July 03, 2024
5 Argument Sessions Benefits Attys Should Watch For In July
Republican state attorneys general will try to convince the Fifth Circuit to knock down a U.S. Department of Labor rule covering how retirement plan managers can consider environmental and social factors when picking investments, while Kellogg workers will challenge class action waivers at the Sixth Circuit. Here are five argument sessions coming up this month that benefits attorneys should keep an eye on.
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July 03, 2024
Judge Trims Retailer's Defenses In Long COVID EEOC Suit
A Colorado federal judge struck several of an appliance retailer's affirmative defenses Wednesday in a U.S. Equal Employment Opportunity Commission lawsuit alleging it wrongfully terminated a worker who asked for more time off to deal with long COVID symptoms.
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July 03, 2024
Holland & Hart Adds 2 Litigators From Sherman & Howard
Holland & Hart LLP has added a pair of litigators from fellow Denver-based Sherman & Howard LLC as partners in its Denver office.
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July 03, 2024
Cyclist's Widow Settles With Atty Who Caused Fatal Crash
A bicyclist's widow has reached a settlement with the attorney whose car fatally crashed into her husband, just a few weeks after a Colorado federal judge allowed her to revise her lawsuit to include punitive damages under state law.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Chamber, Pharma Slam Colorado Drug Price Controls
The U.S. Chamber of Commerce and a prominent pharmaceutical industry group have urged a Colorado federal court to bar a state review board from setting price controls on prescription drugs, arguing that the practice is "irreconcilable" with federal patent law.
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July 02, 2024
Charter Justified Firing Of Lactating Worker, 10th Circ. Says
A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.
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July 02, 2024
Colo. City Housing Authority Says Board Can't Be Fired At Will
A Colorado city's ordinance violates state law because it gives the mayor the power to replace the commissioners of the city's housing authority without just cause, the housing authority has claimed in Colorado state court.
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July 02, 2024
Justices Order Post-Rahimi Review For Felon Gun Ban
The U.S. Supreme Court on Tuesday ordered lower courts to review a series of cases that challenged as unconstitutional federal gun restrictions, including those for felons and drug users, in light of its ruling this term that allowed bans for domestic abusers.
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July 02, 2024
Justices To Review Relief For Self-Deportation Failure
The U.S. Supreme Court agreed Tuesday to review if noncitizens who fail to leave voluntarily within 60 days of a deportation order can try reopening their removal cases when the 60th day falls on a weekend or federal holiday.
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July 01, 2024
Juror Didn't Taint Trial Before Removal, Colo. Justices Say
The Colorado Supreme Court said Monday that a trial judge's rejection of a Black defendant's challenge to a juror for alleged racial bias did not infringe on the defendant's rights, according to a majority decision that concluded the error was harmless because the juror was ultimately sent home.
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July 01, 2024
Colo. Justices To Mull If Xcel Is Immune From Injury Suits
Colorado's justices announced Monday that they will consider whether a state-approved utility tariff governing Xcel's relationship with its customers can immunize the company from lawsuits about powerline injuries, including those brought by noncustomers.
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July 01, 2024
Dish Faces Appeal After Beating Jury's $469M Verdict
A company that developed a way of skipping naughty scenes from movies wants the Federal Circuit to restore the $469 million that a jury in Salt Lake City ordered the satellite company Dish Network LLC to cough up for allegedly using those ideas to let customers skip commercials.
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July 01, 2024
Colo. Restaurant Says Insurer Must Cover Plumbing Damage
A Denver restaurant said it is owed coverage for its property losses and a neighbor's demand for reimbursement after a sewage leak allegedly caused by defective plumbing work damaged a commercial condominium complex, telling a Colorado state court its insurer unreasonably denied or delayed coverage.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
Expert Analysis
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High Court's Tribal Water Rights Ruling Steadies The Boat
The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Colo. Eviction Case Could Transform Tenant Rights
The Colorado Supreme Court recently granted certiorari in a case that could open the door for tenants to assert allegations of discrimination and retaliation during eviction proceedings, and dramatically prolong the state's process, says Jacob Hollars at Spencer Fane.
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Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert
Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.
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High Court Ruling Boosts New York Times v. Sullivan Vitality
The U.S. Supreme Court's recent decision in Counterman v. Colorado, that the First Amendment requires a recklessness standard for true threats prosecutions, shows that an outright overruling of New York Times v. Sullivan is now unlikely despite prior dissenting opinions urging the court to revisit its actual malice standard, say attorneys at Davis Wright.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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The Supreme Court Is At War With Itself On Extraterritoriality
The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.
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Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke
The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.
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Unpacking The POWR Act, Colo.'s New Work Harassment Law
With the August rollout of Colorado’s Protecting Opportunities and Workers' Rights Act set to make it easier for employees to claim harassment, companies should confirm that their harassment prevention programs satisfy the law’s requirements and provide a clear method to investigate any future claims, say Mamie Ling and Michael Freimann at Armstrong Teasdale.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.