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Appellate
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April 29, 2024
5th Circ. Urged To Block CFPB's Credit Card Late Fee Rule
Banking industry trade groups have called for the Fifth Circuit to act quickly to put the Consumer Financial Protection Bureau's $8 credit card late fee standard on hold, arguing that large credit card issuers stand to suffer "substantial" losses if it goes into effect even for just one day.
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April 29, 2024
6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm
The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.
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April 29, 2024
9th Circ. Upholds NRC's Exemption For Diablo Canyon Plant
A Ninth Circuit panel ruled Monday that the U.S. Nuclear Regulatory Commission did not act arbitrarily or capriciously when it allowed Pacific Gas & Electric Co. to belatedly renew its license to continue operating California's last remaining nuclear power plant.
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April 29, 2024
Radiologist Can't Opine On Surgeon Standards, Court Says
A woman can't maintain a medical negligence suit against a vascular surgeon for allegedly failing to identify a pseudoaneurysm in her leg, which later became infected, a Minnesota appeals court ruled on Monday, saying the patient's medical expert was properly disqualified.
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April 29, 2024
Meta Seeks Pause On Privacy Appeal For High Court Ruling
Meta urged the D.C. Circuit on Monday to pause the company's appellate efforts to block the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, asking the appeals court to wait for an impending U.S. Supreme Court ruling on a similar case involving the U.S. Securities and Exchange Commission.
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April 29, 2024
9th Circ. Scraps Trans Law Opinion After High Court Ruling
The Ninth Circuit on Monday scrapped its 2023 opinion blocking an Idaho law that would have banned transgender women from competing in sports following the U.S. Supreme Court's recent decision allowing enforcement of another Idaho law permitting a ban on gender-affirming care for minors, explaining that a revised opinion is needed.
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April 29, 2024
1st Circ. Slashes Atty's Convictions In Email Fraud Case
An Illinois lawyer convicted of receiving proceeds from a business email compromise scheme had three of six counts vacated Monday by the First Circuit, which ruled that Massachusetts wasn't the right venue for those charges.
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April 29, 2024
5th Circ. Ponders If There Were Claims In 'Patient Mistake' Suit
If an insurer says there's no claim, might a claim still have been made, a skeptical Fifth Circuit panel pondered at oral arguments Monday, considering whether a healthcare company's settlement paid for mistakenly approving out-of-state treatment of a Florida Medicaid patient was covered by insurance.
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April 29, 2024
Split 7th Circ. Clears Insurers In O'Hare Steel Defect Fight
A split Seventh Circuit affirmed Monday a finding that the Chicago O'Hare International Airport canopy's general contractor can't recoup more than $37.5 million in costs from its insurer over cracked welds in the canopy, finding that the defects in the welds and columns don't constitute property damage under its insurance policies.
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April 29, 2024
Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight
The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."
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April 29, 2024
Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP
The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.
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April 29, 2024
Restaurateurs Say DOL Drew Tipped Work 'Line' Unfairly
The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.
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April 29, 2024
Kemp Klein Adds Bankruptcy Atty In Mich.
Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.
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April 29, 2024
NC Justices Urged To Rethink Policy 'Stacking' Limits
A policyholder is urging the North Carolina Supreme Court to walk back a decision that he says will negate insurance coverage when drivers at fault for wrecks are underinsured, arguing the holding conflicts with precedent.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
9th Circ. Urged To Revive Nazi-Looted Art Claim
A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is urging the Ninth Circuit to rethink a unanimous panel decision concluding that the museum is under no obligation to do so.
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April 29, 2024
4th Circ. OKs Sanctions Against Law Firm In Bestwall Ch. 11
A split Fourth Circuit panel on Monday refused to overturn more than $402,000 in sanctions against a law firm and its clients as part of bankruptcy proceedings for a Georgia-Pacific unit, saying the contempt and sanctions orders can't be appealed because they aren't final judgments.
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April 29, 2024
Ga. Judicial Watchdog Sets Date For Judge's Ethics Trial
The ethics hearing of a Georgia judge accused of calling litigants names, sexually harassing attorneys and courthouse employees, and trying to get a friend's children out of legal trouble is set for June, according to an order filed Friday in the Georgia Supreme Court.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Swamp Drowning Death Suit Sent Back To Trial Court
The Michigan Court of Appeals won't let a man escape a wrongful death suit by the estate of a woman who drowned in swampland his camper was on, saying he had some control over who accessed it, and must face premises liability claims.
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April 29, 2024
NJ Justices Spell Out Atty Fee Rules In Fee-Shifting Cases
The New Jersey Supreme Court has put out rules governing fee agreements for attorneys representing clients in statutorily based fee-shifting cases, capping off years of ethical debate stemming from a case where an individual client was charged $286,000 for legal work on a discrimination lawsuit.
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April 29, 2024
11th Circ. Should Nix Tax Court Judges' Shield, Widow Says
The widow of a supermarket butcher told the Eleventh Circuit that the U.S. Tax Court not only wrongly upheld tax liabilities against her stemming from her husband's tax filings but also erroneously affirmed unconstitutional job protections for its judges.
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April 29, 2024
High Court To Decide Jurisdiction In Dog Food Label Suit
The U.S. Supreme Court on Monday agreed to take up an appeal from Royal Canin USA Inc. and Nestle Purina PetCare Co. in a dispute over whether a suit alleging they falsely represent their products as prescriptions belongs in state or federal court.
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April 29, 2024
Justices Deny Review Of Hezbollah-Tied Bank's Immunity
The U.S. Supreme Court on Monday refused to examine whether sovereign immunity shields a defunct Lebanese bank from terrorism victims' allegations the bank funded Hezbollah, despite the victims' contention that an answer would provide clarity for disputes involving foreign trade.
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April 29, 2024
Justices To Scrutinize Revoked Visa Petition
The U.S. Supreme Court agreed Monday to examine an Eleventh Circuit decision that federal courts lack authority to review the revocation of a previously approved visa petition for a Palestinian man whose marriage was found to fraudulently skirt immigration laws.
Expert Analysis
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
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Workplace Challenges Amid Israeli-Palestinian Conflict
Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.
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Justice O'Connor Was Architect of ERISA's Lasting Success
U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Key Issues When Navigating A Tenant's Bankruptcy
In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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Medtronic's Cautionary Tale Of Fed. Circ. Word Limits
The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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High Court's Job Bias Questions May Predict Title VII Ruling
Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.