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Appellate
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May 01, 2024
Ala., Fla. Trans Patients Urge 11th Circ. To Heed Bias Ruling
Attorneys representing transgender clients in Florida and Alabama have urged the Eleventh Circuit to heed a recent Fourth Circuit ruling striking down bans on state-funded coverage for gender-affirming medical care, saying the court ruled that the state policies violate federal law because their exclusions were based on gender identity and sex.
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May 01, 2024
Ariz. AG Warns Repeal Of 1864 Abortion Ban May Be Too Late
Legislation narrowly adopted Wednesday to repeal Arizona's 1864 abortion law won't be enough on its own to keep the near-total ban from taking effect this summer, the state attorney general warned, because the bill lacks an emergency clause.
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May 01, 2024
5 Benefits Appellate Arguments To Watch In May
The Second Circuit will be asked to revive a 401(k) mismanagement suit against Deloitte, the Sixth Circuit will consider whether to force arbitration of a 401(k) fee suit against two automotive companies, and the Seventh Circuit will review the U.S. Department of Labor's court-ordered takeover of a multiemployer benefit fund. Here, Law360 looks at five appellate arguments benefits attorneys will want to keep an eye on this month.
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May 01, 2024
6th Circ. Says Precedent Revives Salvadoran's Removal Fight
The Board of Immigration Appeals misread precedent in finding that a Salvadoran man convicted of a misdemeanor under a Tennessee domestic violence law is barred from canceling his removal based on a disqualifying crime of violence, the Sixth Circuit has ruled.
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May 01, 2024
DC Circ. Scrutinizes Social Welfare In Tribe's Land Trust Bid
The D.C. Circuit on Wednesday grappled with whether a Native American tribe's bid to compel the federal government to take land into trust for a casino venture would promote tribe members' social welfare, as one judge sounded wary of such a move's repercussions.
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May 01, 2024
Fed. Circ. Revives WDTX Patent Suit Tossed Over Standing
The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.
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May 01, 2024
Pa. Court Upholds University Cop's Firing Over Racist Posts
A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.
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May 01, 2024
No Relief For Fla. Adviser Convicted In $80M Trading Scam
The Eleventh Circuit on Wednesday affirmed the conviction of a Florida investment adviser who bilked more than $80 million from the hundreds of people he persuaded to invest in a fraudulent company, after concluding he was not in custody when he made statements to the police.
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May 01, 2024
9th Circ. Slams Door On Kids' Climate Case
The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.
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May 01, 2024
Split 2nd Circ. Backs Arbitration Denial In ERISA Suit
A divided Second Circuit panel ruled Wednesday that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, saying that doing so would prevent a plan participant from seeking planwide remedies authorized by federal benefits law.
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May 01, 2024
Meta's Privacy Fight With FTC Paused For High Court Ruling
The D.C. Circuit has pressed pause on Meta's bid to block the Federal Trade Commission from pursuing modifications to the parties' $5 billion privacy settlement to await the U.S. Supreme Court's decision in a case challenging the U.S. Securities and Exchange Commission's in-house courts.
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May 01, 2024
3rd Circ. Flags Bayer's Knowledge Of Tainted Fungal Spray
A proposed class of consumers who bought tainted Bayer antifungal sprays said they should have standing to sue because they didn't get the "benefit of the bargain" — and a Third Circuit panel questioned Wednesday if Bayer's separate suit blaming a supplier made the consumers' case for them.
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May 01, 2024
Oil Drilling Workers Urge High Court Not To Review PPE Suit
The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.
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May 01, 2024
Del. Justices Reverse Toss Of $7.3B Inovalon Deal Challenge
Delaware's top court on Wednesday reversed a Chancery Court dismissal of stockholder challenges to the $7.3 billion go-private sale of Inovalon Holdings Inc. to Nordic Capital, saying that the lower court wrongly concluded that minority investors were adequately informed about the deal and special committee conflicts of interest.
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May 01, 2024
Eateries Note 'Fatal' Concession By Insurer In NC COVID Row
Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal.
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May 01, 2024
6th Circ. May Unbuckle Supplier From Seat Belt Parts Contract
One Sixth Circuit judge seemed prepared Wednesday to free a supplier from a court order to continue fulfilling a seat belt system manufacturer's orders, indicating that he didn't think the terms of the companies' contract obligated them to each other long-term.
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May 01, 2024
Georgia Co. Says City Must Pay $5M For Road Project Delays
A Georgia paving company that sued the city of Smyrna for $5 million in damages after it allegedly pushed a multimillion-dollar road construction project past its completion deadline urged the Georgia Court of Appeals on Wednesday to overturn a trial court ruling that freed the city from its claims.
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May 01, 2024
Ohio Justices Say Workers' Comp Appeal Didn't Expire
The Ohio Supreme Court on Wednesday allowed an injured Whirlpool Corp. worker to continue his appeal of an order denying him additional workers' compensation coverage, saying the state Industrial Commission's five-year limit on jurisdiction doesn't apply to his appeal in state court.
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May 01, 2024
5th Circ. Judge Skeptical Of Medicare Drug 'Price-Setting'
A Fifth Circuit judge on Wednesday sharply criticized the Biden administration's Medicare drug pricing program, characterizing it as government "price-setting" and questioning "what possible procompetitive justification" there can be for penalizing companies that don't participate.
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May 01, 2024
Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row
The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.
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May 01, 2024
DC Circ. Torn Over FERC's San Francisco Power Order
D.C. Circuit judges were undecided as to what Congress intended when it grandfathered certain consumers into a power-carrying agreement between San Francisco and Pacific Gas and Electric Co. in 1992, with the company arguing Wednesday that a recent regulatory order would allow far more consumers into the deal than it was meant for.
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May 01, 2024
NBA Vet Eyes Bail As Healthcare Rap Passed To 2nd Circ.
A former Detroit Pistons point guard is seeking to delay the start of his 18-month prison sentence for his alleged role in a scheme to defraud the NBA's healthcare plan while he argues to the Second Circuit that improper jury instructions tainted his trial.
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May 01, 2024
Kramer Levin Boosts Appellate, Litigation Team With DOJ Atty
Kramer Levin Naftalis & Frankel LLP has hired an appellate attorney from the U.S. Department of Justice, who joins the firm's litigation department as partner and will also serve as deputy chair of the firm's U.S. Supreme Court and appellate litigation practice, the firm announced Wednesday.
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May 01, 2024
Federal Prosecutor Confirmed As Illinois District Judge
The Senate voted 54-44 on Wednesday to confirm Assistant U.S. Attorney Georgia N. Alexakis as a U.S. District Court judge for the Northern District of Illinois.
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May 01, 2024
Army Corps Says Taking Over Fla. CWA Permits Is No Problem
The U.S. Army Corps of Engineers on Tuesday told the D.C. Circuit that, following a lower court's decision to strip Florida of its authority to administer a Clean Water Act permitting program, it has already taken over the work and expects no serious issues.
Expert Analysis
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Strategies For Defense Attys To Subpoena A Nonparty Witness
Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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High Court's Jan. 6 Rioter Case May Have Wide Ripple Effects
The U.S. Supreme Court will soon hear oral arguments in Fischer v. United States, a case that will determine whether a law enacted after the Enron scandal can be used to prosecute Jan. 6 rioters, and could affect the government’s ability to charge those who impede a range of official proceedings, say Brook Dooley and Sara Fitzpatrick at Keker Van Nest.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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How A Motion Before Justices May Help Trump Beyond Court
Even if Donald Trump loses his presidential immunity claim before the U.S. Supreme Court, the delay created by the motion may mean a trial can't be completed before the November election, says Paul Tuchmann at Wiggin and Dana.