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Appellate
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April 25, 2024
5th Circ. Axes Class Claims Over Anadarko's $900M Write-Off
The Fifth Circuit on Thursday decertified a class of Anadarko Petroleum Corp. shareholders who claim they lost money on the company's bad oilfield bet, ruling a lower court judge didn't allow the company to respond to an expert report that tied a stock price drop to a $900 million write-off disclosure.
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April 25, 2024
9th Circ. Upholds $1.7M Injury Verdict Against Genie
Equipment manufacturer Genie Industries Inc. can't upend a jury verdict and a $1.7 million judgment awarded to a Portland, Oregon, shipyard worker who was injured by the company's allegedly defective lift boom, the Ninth Circuit has ruled, rejecting the arguments that he failed to prove his injuries were permanent.
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April 25, 2024
Objector Takes $125M PACER Overcharge Deal To Fed. Circ.
An objector to a $125 million deal resolving class action claims that the federal judiciary overcharges users of its PACER court records system is taking his challenge to the settlement to the Federal Circuit.
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April 25, 2024
Mich. Drops Detroit Gerrymandering Appeal In $2M Fee Deal
The Michigan commission tasked with drawing the state's legislative maps voted Thursday to forgo a U.S. Supreme Court appeal of a ruling that it unconstitutionally used race to craft Detroit voting districts.
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April 25, 2024
Texas Doc Can't Avoid Woman's Suit Over Son's Brain Injury
A Texas appeals court on Thursday declined to throw out a woman's suit alleging an anesthesiologist wrongly administered an epidural during delivery and caused her son to suffer a brain injury, finding the judge did not find the woman's expert report deficient despite giving her a month to amend it.
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April 25, 2024
Wash. Large-Magazine Ban Stays As Court Official Fears Tragedy
The Washington Supreme Court commissioner said Thursday the state can maintain its ban on the sale of large-capacity magazines for now, saying in his ruling he was kept awake at night over the potential that lifting the ban would allow an especially "awful" mass shooting.
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April 25, 2024
South African's Old Convictions Cost Him Deportation Relief
The Seventh Circuit ruled that an immigration judge appropriately considered two criminal convictions in 2000 and 2002 to deny a South African man's 2015 efforts to stay in the country.
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April 25, 2024
1st Circ. Tosses Second Vineyard Wind Challenge
The First Circuit on Thursday rejected a legal challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, the second such ruling in as many days.
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April 25, 2024
Wash. Appeals Court Rejects Seattle High-Rise Permit Dispute
A Washington state appeals court sided with a developer on Thursday in a challenge to its plan for a 17-story apartment building on Seattle's waterfront, concluding that the project's opponents missed their chance to contest the city's decision not to hold the proposal to certain shoreline regulations.
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April 25, 2024
Fla. High Court Says PIP Law Doesn't Mandate 100% Payment
The Florida Supreme Court ruled Thursday that Allstate Insurance Co. is not required to pay 100% of a chiropractic provider's charges under a personal injury protection policy, saying to enact such a requirement would misread both Florida's PIP law and Allstate's policy.
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April 25, 2024
3rd Circ. Lets Mallinckrodt Off Sanofi's Royalty Hook
A Third Circuit panel said Thursday that Mallinckrodt PLC's Chapter 11 bankruptcy could sever its obligation to pay Sanofi-Aventis US LLC royalties on sales of an autoimmune disease drug, finding that Sanofi's contract to sell Mallinckrodt the rights to the drug created a claim ripe to be extinguished.
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April 25, 2024
US Says Seizure Power Erodes Landowner's Border Wall Suit
The federal government told the Fifth Circuit that its eminent domain authority should defeat a landowner's claims that she owns a $6.5 million section of border wall that was allegedly built on her farm without authorization in 2008.
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April 25, 2024
Split Take On NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern
A recent New Jersey Supreme Court decision rejecting "fake discounts" as a source of consumer fraud was a boon for the class action defense bar, but the takes of three dissenting judges and Attorney General Matt Platkin show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled.
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April 25, 2024
SEC, Trade Group Ask DC Circ. To Revive Proxy Advisory Rule
The U.S. Securities and Exchange Commission and a leading trade group called on the D.C. Circuit Thursday to revive a rule imposing heightened disclosure requirements on proxy advisory firms, appealing a lower court decision that threw out the requirements.
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April 25, 2024
Mich. Justices Reject Park Ranger's Disability Benefits Appeal
Two Michigan Supreme Court justices on Thursday agreed with the rest of the bench not to rule on a park ranger's claims that state retirement law unconstitutionally prevents him from challenging his disability benefit denial, but called out a lower court's "circular" reasoning for finding him ineligible.
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April 25, 2024
Judge Puts Texas Arrest Law Case On Ice During Appeal
A Texas federal court has paused the Biden administration's lawsuit challenging Texas' controversial law allowing state officials to arrest and deport migrants crossing the border unlawfully until the state's appeal of the court's temporary block on the law concludes.
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April 25, 2024
Nursing Agency Urges 4th Circ. To Overturn $9M Wage Ruling
A nurse staffing agency pressed the Fourth Circuit to overturn a lower court's decision ordering the agency to pay workers $9 million in a misclassification suit brought by the U.S. Department of Labor, saying the lower court should have made the government prove the nurses were employees.
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April 25, 2024
Atty Group Asks Justices To Review Judge's Non-Recusal
The Association of Professional Responsibility Lawyers urged the U.S. Supreme Court to review a D.C. Circuit judge's decision not to recuse himself from a former al-Qaida member's case, saying the judge's refusal undermined ethical standards for judges.
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April 25, 2024
EEOC Urges 3rd Circ. To Revive Fired Worker's Reprisal Suit
The U.S. Equal Employment Opportunity Commission urged the Third Circuit to reinstate a former manager's lawsuit accusing a glass company of firing him because he refused to fire his plant's only two Black workers, saying a jury should hear the dispute.
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April 25, 2024
Emotional Damages Not Covered In OD Suit, Pa. Justices Rule
The Pennsylvania Supreme Court has reversed a lower court's ruling that a Nationwide unit had a duty to defend two homeowners in a suit over a man's fatal overdose under their roof, holding Thursday that underlying emotional distress damages don't fall within the policy's definition of bodily injury.
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April 25, 2024
Panel Backs Gas Station's Win In Drunken Driving Death Suit
An Ohio state appeals court has upheld the dismissal of a lawsuit over the deaths of two young men in a drunken driving crash, saying the alcohol seller can't be liable under Ohio's Dram Shop Act because the purchaser wasn't the driver.
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April 25, 2024
Ex-Defender Says Feds Can't Hide Other Harassment Reports
A former assistant federal defender wants to make certain #MeToo evidence public following the trial in a case accusing the judiciary of botching its probe into her own sexual harassment complaint, saying the contents of similar allegations concerning the Federal Defender's Office have already been publicly revealed.
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April 25, 2024
Pa. Justices OK Teacher 'Character' Test For Suspended Atty
The Supreme Court of Pennsylvania on Thursday upheld a lower court's ruling that an ex-attorney's disciplinary records can be used by the state Department of Education when evaluating whether that attorney has the "good moral character" to get a teaching license.
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April 25, 2024
Justices Skeptical Of Trump's Absolute Immunity Bid
A majority of the U.S. Supreme Court appeared open Thursday to the idea of limited immunity for former presidents related to the office's core constitutional powers, but divisions emerged among the justices over how to determine when acts outside of that narrow category are potentially subject to criminal prosecution.
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April 25, 2024
Weinstein May Be Retried After NY Court Overturns Conviction
Harvey Weinstein seems poised to go to trial again in New York and testify in his own defense after the state's highest court overturned the movie mogul's rape conviction Thursday in a contentious, split opinion that found his first jury proceeding was unfair.
Expert Analysis
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9 Tools To Manage PAGA Claims After Calif. High Court Ruling
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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Taking A Closer Look At Fed. Circ. Claim Construction Split
An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.
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Opinion
History Reveals Folly Of Absolute Presidential Immunity
As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.