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Appellate
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April 16, 2024
6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case
A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.
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April 16, 2024
Ga. Sheriff's Abuse Conviction Should Stand, 11th Circ. Hints
An Eleventh Circuit panel on Tuesday appeared wary of dismissing the criminal conviction of Victor Hill, a former Georgia sheriff who was convicted in 2022 of violating the civil rights of detainees by strapping them to a chair for hours at a time.
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April 16, 2024
Atty Sanction's 'Chilling Effect' Worries Mich. Justice
A Michigan Supreme Court justice asked Tuesday whether upholding sanctions against an attorney who joined a case after earlier frivolous litigation would scare away lawyers from agreeing to represent clients in those situations, echoing concerns shared by the plaintiff and defense bars.
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April 16, 2024
Sanctions In Byju's Ch. 11 Should Be Paused, Court Hears
Camshaft Capital, a hedge fund facing an adversary action from the Chapter 11 creditors of Byju's, has asked a Delaware federal court to stay a contempt order the bankruptcy court entered against the investment firm and its principal while it appeals the sanctions and a preliminary injunction.
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April 16, 2024
Del. Justices OK Midcase Review Of TripAdvisor Move
Delaware's Supreme Court will consider whether the Court of Chancery properly denied TripAdvisor's motion to dismiss a shareholder lawsuit over its corporate move to Nevada, finding that a midcase appeal of the ruling involves a question of law and could be "beneficial."
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April 16, 2024
Florida Lost Its CWA Permitting Power. Now What?
A federal judge's decision to snatch away Florida's right to administer a Clean Water Act permitting program, which had been approved by the U.S. Environmental Protection Agency, serves as a warning to other states that might be considering taking over those powers and responsibilities.
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April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga
An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
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April 16, 2024
Impossible Foods Slams 'Radical' TM Fight At High Court
Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.
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April 16, 2024
NJ Hospital GC Emails Doom $24M Verdict For Surgeons
The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.
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April 16, 2024
Ousted Fla. Atty To Seek Reelection Amid DeSantis Fight
Suspended Florida state attorney Andrew Warren announced Tuesday he's running for reelection as the top prosecutor in Hillsborough County, while he pursues an ongoing federal lawsuit against Gov. Ron DeSantis over his suspension.
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April 16, 2024
4th Circ. Slams Brakes On W.Va. Transgender Sports Ban
The Fourth Circuit on Tuesday put the clamps on a West Virginia law barring transgender athletes from competing on sports teams consistent with their gender identity, finding that the restriction it placed on a trans middle schooler violated Title IX civil rights protections and may also violate the U.S. Constitution.
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April 16, 2024
11th Circ. Asks If Undivided Settlement Can Still Be Covered
An Eleventh Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 nonapportioned Georgia federal settlement that potentially included both covered theft and noncovered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.
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April 16, 2024
Ga. Justices Nix Backdated Discipline For Atty In Forgery Case
The Georgia Supreme Court on Tuesday unanimously denied an attorney's request for a retroactive suspension for forging a court order for his client, ruling that it would be "inappropriate" if he resumed practicing law while in the process of a pretrial diversion program to have his felony forgery case dismissed.
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April 16, 2024
5th Circ. Won't Disturb County Win In Officers' Retaliation Suit
The Fifth Circuit declined to reinstate constitutional claims from officers who said a constable punished them for not supporting his reelection campaign, upholding a finding that a Texas county can't be held liable for his actions.
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April 16, 2024
Illinois Panel OKs Liability Ruling Against Discovery-Faking Firm
An Illinois trial court was right to slap an attorney with a default judgment in a professional negligence suit brought by a former client after the attorney and his firm repeatedly "fabricated their expert witness disclosures 'from whole cloth,'" an appellate panel has ruled.
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April 16, 2024
High Court Sides With Texas Landowners In Takings Dispute
The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.
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April 16, 2024
Justices Say Army Vet Owed More Education Benefits
An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.
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April 15, 2024
Justices Face Off Over Shadow Docket Procedures
The U.S. Supreme Court's internal disagreements over how to manage its emergency docket were on full display Monday in its decision allowing Idaho to enforce a ban on gender-affirming care for minors — a case the court's liberals said wasn't worthy of their intervention, but its conservatives touted as a win in the fight against universal injunctions.
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April 15, 2024
Justices Allow Idaho To Enforce Gender Care Ban, Sans Plaintiffs
The U.S. Supreme Court allowed the state of Idaho on Monday to begin enforcing its ban on gender-affirming care for minors, reshaping a preliminary injunction the majority said was far too broad to keep in place as the litigation plays out, perhaps for years.
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April 15, 2024
Trump Tells Justices Impeachment Required For Prosecution
Former President Donald Trump told the U.S. Supreme Court on Monday that the "inevitably and unavoidably" political nature of prosecuting a former president requires input from Congress, arguing the U.S. Constitution's framers carefully wrote the impeachment clause to act as an initial hurdle for criminal prosecutions.
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April 15, 2024
Justices Wary Of Strict Limit On Malicious Prosecution Cases
Several U.S. Supreme Court justices appeared open Monday to the idea that a charge made without probable cause can be grounds for a malicious prosecution civil suit even if another charge with valid probable cause accompanied it, but without a clear consensus on a precise boundary.
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April 15, 2024
Justices Leave Lower Courts To Parse Corporate 'Half-Truths'
A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.
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April 15, 2024
NJ Appeals Court Tosses Suit Over Painful Dental Implants
A New Jersey appeals court on Monday tossed a suit accusing an oral surgeon of botching a woman's dental implant surgery, saying that because the treatment took place in Pennsylvania and the surgeon's clinic had few contacts with New Jersey, the Garden State doesn't have jurisdiction.
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April 15, 2024
Mich. High Court To Hear Siblings' Ski Share Valuation Fight
A sibling feud between the CEO of a family-run ski resort company and his sister, a minority shareholder, will get a hearing in front of the Michigan Supreme Court after the justices agreed to look at whether the company honored an agreement for redemption of shares in the family company.
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April 15, 2024
EPA Asks High Court To Preserve SF Water Pollution Regs
The U.S. Environmental Protection Agency on Friday asked the U.S. Supreme Court to preserve its water quality standards for San Francisco, which the city has challenged as vague, generic, and "virtually impossible" to comply with.
Expert Analysis
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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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.