Analysis

En Banc DC Circ. Eyes Court Power Over FEC

By Ali Sullivan

The D.C. Circuit's decision to sit for its first en banc rehearing since 2021 might signal that the court is inclined to reconsider an oft-challenged precedent barring judges from second-guessing federal election regulators when they decline to take enforcement actions, experts say.

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3rd Circ. Reins In Novel Use Of Atty-Client Privilege Exception

By Matthew Santoni

While attorney-client privilege typically falls away for communications about a client's intentions in making their will after they have died, the Third Circuit on Wednesday declined to expand that exception to include communications from third parties about the deceased.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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DC Circ. Skeptical Of Texas AG's Bid To Revive X Probe

By Ali Sullivan

A D.C. Circuit panel seemed skeptical Wednesday of the Texas attorney general's claims that Media Matters lacks a valid claim to challenge the state enforcer's investigation into the media watchdog's reporting about the social media platform X, formerly Twitter, but one judge expressed uncertainty about the suit's readiness for judicial review.

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3 States To Challenge Abortion Regs After Docs Drop Claims

By Gianna Ferrarin

Anti-abortion medical groups that were dealt a loss by the U.S. Supreme Court earlier this year have now dropped out of their lawsuit challenging federal approvals for mifepristone, leaving Missouri, Idaho and Kansas to carry on litigation over the abortion medication.

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US Chamber Backs Fla. City In ADA Retirement Benefits Suit

By Patrick Hoff

The U.S. Chamber of Commerce urged the U.S. Supreme Court to back the Eleventh Circuit's determination that federal disability law doesn't protect former employees from post-employment bias, arguing a former Florida firefighter is trying to stretch the statute beyond what Congress intended.

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DC Circ. Judge Blasts 'Bogus' Bid To Nix Discrimination Rule

By Nadia Dreid

One judge on a D.C. Circuit panel ripped into an insurance trade group Wednesday over its contention that it is mounting a facial challenge to a U.S. Department of Housing and Urban Development rule expanding what is considered a discriminatory housing practice.

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FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

By Madeline Lyskawa

The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

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FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

By Madeline Lyskawa

The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

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2nd Circ. Doubts Error In Tenant Screener's FHA Suit Win

By Brian Steele

A Second Circuit panel appeared skeptical Wednesday that a Connecticut federal judge used the wrong analysis to find that a tenant screener's criminal history reporting practices do not violate the Fair Housing Act, grilling counsel for the federal government about the lower court's process.

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Judge Opens Path For Ex-Yale Student's Asylum Bid

By Aaron Keller

A Connecticut federal judge has illuminated a potential path for an expelled Yale student to send his sex assault accuser's name to immigration officials, suggesting that submitting a state trial transcript would "not seem to run afoul" of a magistrate judge's ban on otherwise naming the woman.

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Not So Fast: Lenders Say CFPB Payday Rule Must Stay On Ice

By Jon Hill

Lender trade groups challenging the Consumer Financial Protection Bureau's payday loan rule have told the Fifth Circuit that they anticipate pursuing another U.S. Supreme Court appeal in their case, and that the rule should be kept on hold for even longer in the meantime.

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Prison Phone Cos. Say FCC Reg Fight Belongs In 5th Circ.

By Nadia Dreid

There should have been no lottery to decide where to place an appeal challenging the Federal Communications Commission's new caps on rates charged for prison phone calls — the matter belongs in the Fifth Circuit, a pair of prison phone service providers told the First Circuit.

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6th Circ. Revives 401(k) Fund Suit Against Parker-Hannifin

By Kellie Mejdrich

A split panel of the Sixth Circuit on Wednesday revived a proposed class action against Parker-Hannifin Corp. from workers who alleged mismanagement of their employee retirement plan, finding a lower court erred in dismissing claims that high-fee and poorly performing investment offerings in the plan violated federal benefits law.

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GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case

By Linda Chiem

The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.

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9th Circ. Judge Asks How Loper Bright Impacts EPA Fine Case

By Rachel Riley

A Ninth Circuit judge wondered on Wednesday what weight the court should give the Environmental Protection Agency's view in a chemical wholesaler's appeal of an $850,000 fine in light of the U.S. Supreme Court's Loper Bright decision, suggesting the justices might next end agency deference in regulatory interpretation.

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Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use

By Joyce Hanson

The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.

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10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit

By Juan-Carlos Rodriguez

Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.

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10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling

By Keith Goldberg

Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.

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Magnets Akin To Coins As Swallow Risk For Kids, Court Told

By Emily Field

The attorney representing hobbyist and industry groups for magnets told the Tenth Circuit on Wednesday that the dangers of a child swallowing a single magnet aren't any different from a child ingesting other small items like a dime, in an appeal over a U.S. Consumer Product Safety Commission rule.

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11th Circ. Says No Coverage For Holding Co. In $11.7M Row

By Elizabeth Daley

The Eleventh Circuit unanimously affirmed Wednesday that an insurer doesn't have to cover underlying litigation against a holding company by investors who wanted to revoke an $11.7 million buy-in, because claims were made before the policy was active.

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Ex-Fla. Official Says Litigation Privilege Bars Defamation Suit

By Carolina Bolado

A former Florida banking regulator fired because of sexual harassment allegations told the Eleventh Circuit on Wednesday that a lawyer's defamation claims against him were barred by the litigation privilege because they are based entirely on claims made in a lawsuit.

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Fla. Couple Ask To Revive Suit Over Unclaimed Property

By Carolina Bolado

A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.

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11th Circ. Told Everglades Project Will Reduce Water Supplies

By David Minsky

Several Florida sugar growers urged the Eleventh Circuit Wednesday to reverse a decision allowing an Everglades flood control project to proceed, saying a lower court wrongly accepted a U.S. Army Corps of Engineers impact analysis that will result in water supply loss to the surrounding area.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Texas Court Tosses $800K Verdict In Bar Shooting Suit

By Y. Peter Kang

A Texas appeals court has thrown out a jury's $816,000 verdict in a suit blaming a bar for serving alcohol to an underage man who later shot two patrons multiple times, saying there was insufficient evidence that the attack was foreseeable.

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Fla. Judge Can't Get Free Speech Ruling In Ethics Case

By Madison Arnold

A hearing panel chair for the Florida Judicial Qualifications Commission on Wednesday denied a state judge's attempt to prevent authorities from presenting evidence or argument that her "philosophical beliefs" violated judicial ethics guidelines because she improperly used a particular kind of motion.

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Pa. Justices Ask Why CBD Isn't 'Medicine' For Hurt Workers

By Matthew Santoni

Justices on the Pennsylvania Supreme Court questioned Wednesday why they should accept an insurer's assertion that hemp-derived CBD oil should be deemed dangerous, when an injured attorney's physician had prescribed it for pain relief as part of his workers' compensation treatment plan.

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NJ Court Must Revisit Assessor's Workplace Retaliation Claim

By Michael Nunes

A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.

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Georgia Justices Won't Consider DA's Bid To Escape Suit

By Emily Johnson

A Georgia district attorney being sued over her policy to not prosecute low-level marijuana possession can't dodge the suit after the state's supreme court refused to take on the case, marking the latest blow to the DA who lost her reelection bid this month.

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Hospital's Med Mal Win Axed By Mich. Appeals Panel

By Hannah Albarazi

A divided Michigan Court of Appeals panel has revived a medical malpractice lawsuit against a Michigan hospital, finding that the patient established a genuine fact dispute regarding her reasonable belief that the gynecologist treating her was acting as the hospital's agent. 

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Flint School Atty Can't Get Immunity In Defamation Case

By Carolyn Muyskens

Outside counsel for Flint Community Schools who accused her predecessor of overcharging the public school district is not entitled to a form of immunity that shields government officials from liability for statements made during official proceedings, a state appellate court panel ruled on Tuesday.

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Michigan Hospital Can't Escape Amputee's Malpractice Claims

By Mike Curley

A Michigan appeals court refused to throw out an expert opinion proffered by a patient who alleges that doctors and staffers at a Michigan hospital are responsible for the loss of his right hand, but said the trial court must fully evaluate whether the expert is qualified under state Supreme Court precedent.

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Colo. Justices Doubtful Students' COVID Fee Suit Will Survive

By Thy Vo

Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.

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Gas Bill Challenge Finds Little Purchase With Colo. Justices

By Daniel Ducassi

Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.

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Split Ohio Supreme Court OKs Power Co.'s Herbicide Use

By Isaac Monterose

The Ohio Supreme Court on Wednesday reversed an early win for landowners in a case against Ohio Edison Co. that had sought to stop the company from using herbicide on their property to clear space for power lines.

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6th Circ. Ruling Prevents Disability Insurer Overreach

The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

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BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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