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Appellate
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
9th Circ. Won't Block Calif.'s Universal Service Funding Rule
The Ninth Circuit on Friday rejected a push to block California's new contribution regime for its statewide universal service fund, with the appellate judges ruling that the challenge from T-Mobile and its subsidiaries was unlikely to succeed on the merits.
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April 26, 2024
Judge Urges End To Suit-Restricting Job Contracts In Mich.
A judge for a Michigan state appeals court has called on the state's high court to put a stop to terms in employment contracts that give workers less time to file civil rights lawsuits, saying such terms allow employers to get away with discriminatory practices.
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April 26, 2024
5th Circ. Upholds Pecan Farm's Flood Win Against Sand Mine
A Fifth Circuit panel has upheld a more than $659,000 jury verdict against the owner of a sand and gravel mine after a "120-year flood" event severely damaged an Austin pecan farm, holding the evidence showed the company's large freshwater pit was responsible for the damage.
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April 26, 2024
R. Kelly Can't Unwind Chicago Child Porn Conviction
The Seventh Circuit refused on Friday to disturb R. Kelly's Chicago conviction and 20-year prison sentence on child pornography and inducement charges targeting decades-old misconduct, rejecting his argument that the statute of limitations had run out on the U.S. government's case.
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April 26, 2024
Texas Justices Rule Trial Court Must Admit Out-Of-State Attys
An El Paso court that barred two out-of-state attorneys from appearing pro hac vice because they seemed to have signed a filing prior to being admitted must let the lawyers into the case, the state high court ruled Friday, finding the trial court abused its discretion in blocking them.
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April 26, 2024
Apple Keeps Win Over Fortnite Player In Calif. Antitrust Suit
A California state appeals court on Thursday refused to revive a putative class action brought by Fortnite players alleging that Apple's App Store policies violate the state's antitrust and unfair competition laws, saying because the tech giant's conduct is immune from antitrust liability it can't be held to be "unfair."
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April 26, 2024
5th Circ. Reverses Coverage For Fatal Race Accident Suit
An insurer doesn't have to defend the organizers of an amateur drag racing event against underlying negligence claims stemming from a fatal car crash, the Fifth Circuit ruled Friday, reversing a lower court's decision and determining that a commercial general liability policy was not ambiguous.
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April 26, 2024
Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says
The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.
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April 26, 2024
Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot
A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.
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April 26, 2024
Storm Clouds Gather Over Delaware's Business Haven Rep
Storm clouds have closed around Delaware's often staid annual corporation law update, with one prominent firm publicly citing this week a perception that Delaware judges have adopted an "increasingly suspicious or negative tone" toward boards, management and the corporate bar, potentially jeopardizing the state's business haven status.
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April 26, 2024
10th Circ. Says Colo. Tax Ballot Law Doesn't Compel Speech
A Colorado law requiring that financial impacts be included in the titles of some tax-related ballot initiatives does not cause "improperly compelled" speech, the Tenth Circuit said Friday, rejecting a conservative group's bid to block the law.
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April 26, 2024
Investors Ask 3rd Circ. To Revive Row With Maiden Holdings
Investors urged the Third Circuit to revive their suit claiming that reinsurance company Maiden Holdings Ltd. misrepresented its underwriting and risk management practices, saying the lower court's erroneous discovery restriction prevented them from proving their case.
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April 26, 2024
No Coverage For Treasure Hunter's IP Row, 9th Circ. Rules
Great American Insurance Co. had no coverage obligations over a $7.5 million settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.
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April 26, 2024
DC Circ. Says Bomb Victims Can't Go After World Bank Or IMF
Victims of a 2016 terrorist bombing in Afghanistan who secured a $138.4 million judgment against the Taliban and other entities cannot attach assets held by the International Monetary Fund and World Bank that the victims alleged belong to the Taliban-controlled Afghan central bank, the D.C. Circuit ruled Friday.
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April 26, 2024
Conn. Appeals Court Won't Pause Hospital's $1.9M Payout
A Connecticut hospital cannot hold off on paying a $1.9 million prejudgment remedy to the group of anesthesiologists who accused it of failing to pay $3.2 million for their medical services, according to a new order from a state appeals court.
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April 26, 2024
9th Circ. Sends Warner Bros. False Ad Suit To Arbitration
Warner Bros. can arbitrate a proposed false advertising class action over its Game of Thrones: Conquest mobile app game, the Ninth Circuit said Friday, finding the customers had "reasonably conspicuous notice" of the app's terms of service that contained an arbitration provision via a sign-in wrap agreement.
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April 26, 2024
Fla. Wants DC Circ. To Pause Wetlands Permits Decision
The state of Florida has called on the D.C. Circuit to pause a lower court's February ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, arguing the decision is likely to be reversed.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Ex-NY Court Atty Slapped With Fine After Misconduct Verdict
A Manhattan judge hit a former appeals court attorney with a $55,000 fine Friday after a jury found that she unlawfully used her position to help her husband and his law firm earn that same amount from a well-heeled client.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 26, 2024
Ex-NYC Mayoral Candidate's Defamation Suit Revived
A New York appeals court has revived a defamation suit brought by former New York City comptroller and 2021 mayoral candidate Scott Stringer against a woman who accused him of past sexual misconduct and, in his words, "derailed" his campaign.
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April 26, 2024
NJ Judicial Info Law Dodges Free Speech Challenge, For Now
A New Jersey law intended to protect the personal information of judges, prosecutors and police officers could be headed to the state Supreme Court after an appellate panel ruled Friday that it does not unconstitutionally violate the free speech rights of a local journalist.
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April 26, 2024
Florida's Top Judge Tapped For 2nd Term As Chief Justice
Florida Supreme Court Chief Justice Carlos G. Muñiz will serve a second term as the top administrative officer of the state's judicial system.
Expert Analysis
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Perspectives
Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity
The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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High Court Forfeiture Case Again Pits Text Against Purpose
In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.