Try our Advanced Search for more refined results
Appellate
-
September 20, 2024
US Chamber Warns Del. Justices On TC Energy Case Fallout
The Chamber of Commerce of the United States warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.
-
September 20, 2024
5th Circ. Deals Biden A Loss in Medicare Drug Pricing Row
A Fifth Circuit panel majority said that a healthcare trade association has standing to challenge the Biden administration's Medicare drug pricing program, allowing the group to sidestep agency administrative procedure and test its claims in federal court.
-
September 20, 2024
Vandalizing Doctor Gets $200K For Defeating Vengeful Suit
A doctor who defaced the property of a real estate developer with graffiti can keep an award of more than $200,000 in attorney fees for defending himself from a suit that a judge found was filed out of vengeance, a Michigan appellate panel has ruled.
-
September 20, 2024
Doctor Can't Secure Disability Coverage, 3rd Circ. Affirms
An ophthalmologist cannot secure total-disability benefits from his occupational disability insurer after he was diagnosed with a nerve condition preventing him from performing surgeries, the Third Circuit ruled, noting he still maintained his practice even after he stopped performing the surgeries.
-
September 20, 2024
Mich. School Officials Keep Immunity In Oxford Shooting Suits
A Michigan appellate court panel on Thursday upheld the dismissal of a pair of lawsuits alleging Oxford Community School and its employees were negligent in failing to prevent a teenager from shooting and killing four classmates and injuring seven others in 2021, saying no reasonable juror could determine anyone other than the shooter was responsible.
-
September 20, 2024
Car Crash Claims Against Uber Sent To Arbitration
A New Jersey appeals panel on Friday sent a couple's suit against Uber Technologies Inc. over a car accident to arbitration, finding that a user agreement for Uber Eats that includes an arbitration clause is valid and enforceable.
-
September 20, 2024
'Free Karen Read' Protest Case Is Moot, 1st Circ. Says
The First Circuit has bowed out of hearing a First Amendment challenge brought by protesters who gathered outside a business run by a witness in Karen Read's first trial for the alleged murder of her boyfriend, ruling that the dispute centering on the Massachusetts witness intimidation law was moot.
-
September 20, 2024
Ex-Healthcare Exec Can't Sue GC Over Probe Advice
A former Baxter International treasurer who was fired amid an investigation into improper foreign exchange transactions was correctly blocked from pursuing claims against the healthcare company and its general counsel over advice he received on navigating the probe, an Illinois appellate panel said Friday.
-
September 20, 2024
Insurer Off Hook For Late-Reported Malpractice Claim
An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.
-
September 20, 2024
Avenatti Seeks Top Court Review Of Daniels ID Theft Verdict
Incarcerated celebrity attorney Michael Avenatti has asked the U.S. Supreme Court to review his conviction for misappropriating money from ex-client Stormy Daniels, claiming the Second Circuit's decision upholding the verdict runs afoul of precedent for identity-theft cases.
-
September 20, 2024
What A Second Trump Term Could Mean For The Courts
During his speech in Milwaukee in July accepting the Republican nomination for president, former President Donald Trump called Judge Aileen Cannon of the Southern District of Florida a "highly respected federal judge" and touted her ruling a few days earlier throwing out the "fake" case against him involving his alleged mishandling of classified documents.
-
September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
-
September 20, 2024
Court Rejects Jerry Sandusky's Atty Pressure Tactics Theory
A Pennsylvania state appeals court has denied convicted pedophile and former Penn State football assistant coach Jerry Sandusky's latest request for a retrial, rejecting his claims that new evidence showed accusers were pressured by an attorney to sue and that several underwent "repressed memory therapy" in order to recount false memories of abuse.
-
September 20, 2024
Drew Eckl Battles Ex-Firm Attys Over Fees Arbitration
Drew Eckl & Farnham LLP and breakaway firm Burke Moore Law Group LLP filed competing briefs with the Georgia Court of Appeals this week, as Drew Eckl fought to uphold a trial court's ruling that Burke Moore must arbitrate a dispute over fees earned by its name partners when they left to start their own shop.
-
September 20, 2024
Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued
In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.
-
September 20, 2024
Trump Again Asks To Delay Evidence In DC Election Suit
Attorneys for former President Donald Trump again asked the Washington, D.C., federal judge overseeing his election interference case to push back a highly anticipated evidentiary filing from prosecutors, saying special counsel Jack Smith's office shouldn't be allowed to publicly lay out evidence until the court addresses Trump's concerns about the scope of discovery.
-
September 20, 2024
Illinois Justices Affirm Fired Attorneys' $1.7M Fee Award
The Illinois Supreme Court held Thursday that two attorneys who represented clients in contentious proceedings over family assets are entitled to $1.7 million in fees for nearly a year and a half of legal work they did before they were terminated, reversing an appellate court that found their attorney-client agreement void.
-
September 20, 2024
IRS Must Credit Overpayments, Couple Tell 5th Circ.
A couple claiming they should be allowed to sue the IRS for a roughly $500,000 tax refund in federal court because they overpaid their taxes told the Fifth Circuit that the agency is out of time to challenge their overpayments and must credit their account.
-
September 20, 2024
High Court Refuses To Put Jill Stein Back On Nevada Ballot
The U.S. Supreme Court rejected the Nevada Green Party's request to have Jill Stein's name reinstated on the state's presidential ballot Friday, allowing the Silver State to exclude the minor party from its general election after it filed the wrong form at the direction of state officials.
-
September 19, 2024
NC Justices Seem OK With Original Ouster Of Cursing Clerk
North Carolina Supreme Court justices appeared willing to rule on Thursday that a county clerk was lawfully removed from office by a replacement for a recused judge after the clerk allegedly cursed a judge's name on an accidental phone call.
-
September 19, 2024
Why Justice Thomas' Gifts Probe Is Likely Taking So Long
The federal judiciary's governing body has spent more than a year reviewing complaints alleging U.S. Supreme Court Justice Clarence Thomas unlawfully failed to disclose decades of luxury gifts and travel. Ethics watchdogs argue it's time to wrap up the investigation, but politics — in every sense of the word — may cause further delay.
-
September 19, 2024
CFTC Warns Of 'Profound' Harm In Election Betting Appeal
The U.S. Commodity Futures Trading Commission fought Thursday to prevent an online trading platform from offering betting on election outcomes while the agency appeals a trial court ruling that allowed the futures contracts to go live, warning the D.C. Circuit that the "high-stakes" event contracts threaten serious harm to election integrity.
-
September 19, 2024
Texas Med Mal Law Axes Crash Suit Against Ambulance Driver
A Texas appeals court on Thursday narrowly tossed a suit accusing an ambulance driver of causing a motorist's crash injuries after running a red light, saying the suit can be considered a medical malpractice case, which requires a medical expert's report.
-
September 19, 2024
Ill. Justices Affirm $2.1M Verdict In Blood Clot Death Suit
The Illinois Supreme Court on Thursday declined to overturn a jury's $2.1 million verdict in a medical malpractice suit accusing a doctor of causing a patient's death, saying the widower's award for "material services" was recoverable even though he remarried about a year after his wife's death.
-
September 19, 2024
4th Circ. Won't Flip Fraud Convictions Over Unseen Jury
The Fourth Circuit has refused to overturn two men's investment-fraud convictions over complaints that COVID safety protocols made the jury invisible to the public, but vacated part of one sentence because probation conditions weren't adequately spelled out.
Expert Analysis
-
How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
-
7th Circ. Rulings Offer Employee Vaccine Exemption Guidance
Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.
-
The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
-
The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
-
Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
-
Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
-
Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
-
How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
-
Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
-
What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
-
6th Circ. Ruling Highlights Complexity Of ERISA Preemption
The Sixth Circuit’s recent ruling in Standard Insurance v. Guy — that the defendant couldn't collect his mother’s life insurance after being convicted of murdering his parents — illustrates how courts must engage in mental gymnastics to avoid the broad reach of Employee Retirement Income Security Act preemption, says Mark DeBofsky at DeBofsky Law.
-
Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
-
5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
-
Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
-
Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.