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Appellate
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September 12, 2024
FCC Tells 6th Circ To Affirm Net Neutrality
The Federal Communications Commission told the Sixth Circuit the agency acted well within the law when it reimposed net neutrality limits on broadband providers and urged the court to reject industry claims that the commission's authority to regulate high-speed internet service is a "major question" that only Congress may address.
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September 12, 2024
Towers Watson Can't Duck Bump-Up Exclusion, 4th Circ. Told
Towers Watson's latest effort to get its directors and officers insurers to fund a $75 million settlement in a shareholder suit over its merger with Willis should be tossed, the insurers told the Fourth Circuit, saying the bump-up exclusion unambiguously applies to bar coverage.
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September 12, 2024
McKinsey Partner Can't Undo $11M Music Piracy Judgment
An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.
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September 12, 2024
Del. Justices Uphold Chancery Toss Of $1.2B NCino Deal Suit
The Delaware Supreme Court on Thursday upheld the Chancery's court's decision to throw out nCino investor claims against company directors and investment firm Insight Venture Partners challenging the financial technology company's $1.2 billion acquisition of mortgage loan platform SimpleNexus.
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September 12, 2024
6th Circ. Says Food Transporter Illegally Shuttered Warehouse
A bulk food delivery contractor for grocery giant Kroger violated federal labor law when it closed its Louisville, Kentucky, terminal after a union representation election and fired employees, the Sixth Circuit has ruled, upholding a National Labor Relations Board decision.
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September 12, 2024
DOL Has Authority To Issue Salary Regs, 5th Circ. Affirms
The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.
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September 12, 2024
9th Circ. Sends Salary Basis Case Back To Lower Court
San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings.
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September 12, 2024
Biden Sets Record On Appointing Native American Judges
As part of his commitment to diversify the federal judiciary, President Joe Biden has appointed Native American judges in record strides. But stakeholders say there's more to be done for this vastly underrepresented population, and several judicial vacancies in states with large Native populations offer opportunity for continued progress.
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September 12, 2024
AGs Ask 2nd Circ. To Revive Their SALT Cap Workaround Suit
Attorneys general from New York, New Jersey and Connecticut asked the Second Circuit to revive their challenge to an IRS rule prohibiting workarounds to the federal cap on state and local tax deductions, saying the rule was arbitrary and contrary to congressional intent.
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September 12, 2024
Senate Preps Vote On 6th Circ. Nom Opposed By Tenn. GOP
The U.S. Senate is set to vote Monday on the nomination of Kevin Ritz to join the Sixth Circuit bench despite strong objection from the senior senator from Tennessee, one of the circuit's four states.
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September 12, 2024
Kids Ask Supreme Court To Revive Long-Running Climate Suit
A group of children accusing the federal government of creating policies that worsen climate change asked the U.S. Supreme Court to revive their case, arguing in a petition filed Thursday that the Ninth Circuit overstepped when it ordered the trial court to dismiss the case this spring.
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September 12, 2024
Convicted Fraudster Seeks To Challenge $21M Restitution
A Florida man convicted of defrauding hospitals in a payroll fraud scheme urged the Eleventh Circuit Thursday to allow him to challenge a $21 million restitution award while still in prison, saying he wasn't allowed to challenge inaccurate information during sentencing.
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September 12, 2024
Paxton Deputy Says Ethics Claim Is Dangerous To Other Attys
The Texas attorney general's office told the Texas Supreme Court Thursday that the State Bar of Texas had "transgressed the Constitution" by filing an ethics charge against Texas Attorney General Ken Paxton's first assistant, warning that allowing him to face action would put every attorney who files civil suits in danger.
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September 12, 2024
Pillsbury Hires King & Spalding Atty To Lead Appellate Team
Pillsbury Winthrop Shaw Pittman LLP on Wednesday named a new leader for its U.S. appellate practice, tapping a veteran litigator and former prosecutor who joined the firm's Silicon Valley office from King & Spalding LLP.
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September 12, 2024
Medline Can't Force Arbitration In Transportation Wage Suit
Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.
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September 12, 2024
NY Top Court Rejects Trump's Latest Challenge To Gag Order
New York's highest court on Thursday rebuffed Donald Trump's latest effort to strike down a gag order in his hush money case, saying the appeal didn't involve a "substantial constitutional question."
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
Hertz Noteholders Entitled To $270M Interest, 3rd Circ. Rules
Unsecured noteholders from Hertz's bankruptcy are entitled to roughly $270 million in interest as a so-called make-whole payment, a Third Circuit panel decided in a split ruling overturning a bankruptcy court opinion that said it was disallowed under the Chapter 11 code.
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September 11, 2024
Gender Care Hearing Centers On Ohio Bill Of Rights
Questions about potential conflicts between an Ohio gender care ban and a right to healthcare "freedom" enshrined in the state constitution dominated much of a Wednesday hearing in a state appellate court.
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September 11, 2024
Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit
A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.
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September 11, 2024
Fed. Circ. Lets Roku IP Dispute Move From Texas To Calif.
The Federal Circuit on Wednesday declined to reverse a Texas district court's transfer of a suit accusing Roku of infringing patents on automatic content recognition technology for commercial advertising, holding the Texas court wasn't wrong to find California had a stronger local interest in the dispute.
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September 11, 2024
Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.
The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.
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September 11, 2024
Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change
A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.
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September 11, 2024
Uber, Postmates Ask Justices To Address AB 5 Classifications
Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.
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September 11, 2024
2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win
The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.
Expert Analysis
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Contract Disputes Recap: Preserving Payment Rights
Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Opinion
After Jarkesy, IRS Must Course-Correct On Captive Insurance
The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.