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Appellate
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April 16, 2024
Mich. Justice Questions Abuse Law's Missing Language
A Michigan Supreme Court justice on Tuesday challenged an attorney for a victim of a 1990s sexual assault on why the state Legislature didn't explicitly include retroactive language for a 2018 change that allowed survivors of Larry Nassar's abuse scandal more time to bring civil suits, noting that the law was specific in other areas.
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April 16, 2024
Freight Co. Can't Escape $15M Verdict In Deckhand Death Suit
A St. Louis-area mother whose son, a tugboat worker, fell overboard and died, presumably by drowning under a barge, will get to keep a $15 million jury award, a Missouri appeals court ruled Monday, rejecting the company's bid to lower the award to no more than $1.2 million.
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April 16, 2024
Amazon Beats Suit After Injured Drivers Bury Medical Details
Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.
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April 16, 2024
Vineyard Wind Urges 1st Circ. To Uphold Project Approval
Developers of an offshore wind energy project near Martha's Vineyard, Massachusetts, on Tuesday urged the First Circuit not to revive a fishing group's legal challenge to the endeavor, arguing the environmental review process was solid.
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April 16, 2024
7th Circ. Open To Religious Workers' Visa Rule Challenge
Religious institutions trying to revive their challenge to a visa regulation they contend unfairly strips work authorization from foreign ministers seemed to strike a chord with a Seventh Circuit panel on Tuesday, which suggested the rule might disadvantage religious workers.
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April 16, 2024
Judges Doubt Denver Transit Co.'s $112M Loss Is Protected
A pair of Colorado appellate judges on Tuesday grilled an attorney representing a company claiming its contract with a regional transit authority protected it from $112 million in losses after state regulators changed the rules, asking how the problems that caused the losses weren't the company's own fault.
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April 16, 2024
Ex-Fla. Lawmaker Didn't Break Election Laws, 11th Circ. Told
A former U.S. congressman from Florida urged the Eleventh Circuit on Tuesday to reverse a $456,000 fine imposed by a lower court over the Federal Election Commission's allegations that he violated campaign finance laws, saying the agency didn't follow pre-suit notice procedures while insisting he didn't break the law.
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April 16, 2024
NY High Court Zeroes In On Abortion Coverage Exemptions
New York's highest court grappled Tuesday with whether a state regulation's exemption process shielding religious groups from a requirement that employee health plans cover abortions conflicted with a 2021 U.S. Supreme Court decision, with multiple judges questioning the constitutionality of the carveout procedure.
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April 16, 2024
Mich. Justices Flag Bias Potential In Lost-Pay Damage Awards
Michigan Supreme Court justices asked about double-dipping damages and whether implicit bias could skew projections of a child's lifetime earnings as they examined whether to back lost wages awards in wrongful death cases Tuesday.
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April 16, 2024
2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit
The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.
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April 16, 2024
Son's Health Issues Not Enough To Prevent Dad's Deportation
A father could not convince the Tenth Circuit on Tuesday that his son's medical and educational issues warranted reopening his deportation case, his efforts to stay in the country undercut by evidence that the boy's condition was treatable.
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April 16, 2024
Absent Proof Of Direct Effect, Pa. Sen. Loses Wastewater Row
A Pennsylvania state senator lacks individual standing to stop the state Department of Environmental Protection from allowing wastewater discharges into a tributary of the Susquehanna River because she hasn't given enough evidence that potential pollution would directly affect her, a state appeals court ruled Tuesday.
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April 16, 2024
EPA Urges 5th Circ. To Back Win In Texas Air Quality Suit
U.S. regulators and the Sierra Club urged the Fifth Circuit not to upset a panel's ruling finding the government legally accepted pollution data from the conservation group to apply a poor air quality designation in two Texas counties surrounding a coal-fired power plant.
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April 16, 2024
NC Justices Hint Contractor Qualifies For Tax Break
The North Carolina Supreme Court appeared ready to rule in favor of a contractor seeking a tax exemption reserved for manufacturers, with the justices concerned that hinging qualification on a sales percentage flouts the language of the applicable law.
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April 16, 2024
Jackson, Barrett Seek Enron Law Compromise In Jan. 6 Case
The U.S. Supreme Court grappled Tuesday with whether an obstruction of Congress statute enacted in the wake of an accounting scandal can be read broadly enough to prosecute alleged U.S. Capitol rioters.
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April 16, 2024
Appeals Court Won't Block 3M 'Fishing Expedition' Deposition
A state appeals court on Tuesday declined to halt a presuit deposition requested by 3M Co. against a Texas attorney to investigate claims that the lawyer was aware of false statements his co-counsel made in a coal-related lung disease suit out of Kentucky.
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April 16, 2024
Companies Wrongly Found Insolvent, Texas Court Rules
A Texas appeals court on Tuesday reversed a decision by a lower court that named two companies partially owned by a real estate developer that filed for bankruptcy as insolvent as well, saying a state court "abused its discretion" by putting the two entities in receivership.
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April 16, 2024
5th Circ. Rejects La. Homeowners' Repeat Hurricane Claim
The Fifth Circuit declined Tuesday to revive a Louisiana couple's proposed class action alleging that their insurer's method of evaluating their Hurricane Ida property damage violated state law, affirming that a previous, related lawsuit the couple filed barred the present claim from coverage.
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April 16, 2024
Claim That Hilton Insurance Spat Is Moot Surprises 11th Circ.
Counsel for Affiliated FM Insurance Co. appeared to surprise an 11th Circuit panel Tuesday in arguing that the basis for a coverage denial claim brought by the two owner-operators of an Atlanta-area Hilton hotel is belied by the fact that the companies' insurance claims have been whittled down to nothing.
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April 16, 2024
Nursing Home Foot Amputation Suit Sent Back To Trial Court
An Ohio appeals panel has revived a man's suit alleging an assisted living facility failed to notice his foot ulcer, leading to his foot's eventual amputation, saying the trial court wrongly concluded the facility was not a nursing home under state law and therefore didn't have a duty.
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April 16, 2024
3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit
A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.
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April 16, 2024
9th Circ. Upholds $64M Award In Water Contamination Suit
The Ninth Circuit upheld a $64 million award against a Parker Hannifin unit for cleanup costs tied to groundwater contamination in California's Santa Clarita Valley, and further held the district court erred in denying a finding of liability against the company.
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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.
Expert Analysis
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5 Trends That Will Affect Food Litigation In 2024
In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.
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What To Expect From The CFPB This Year
The potential for upheaval at the Consumer Financial Protection Bureau will be greater during an election year, and there are several opportunities and challenges ahead for the bureau in 2024, say Eric Mogilnicki and David Stein at Covington.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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Top 10 Employer Resolutions For 2024
From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Lessons Learned From 2023's Top FMLA Decisions
This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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9th Circ. Scienter Ruling May Strengthen FDA's Leverage
A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Lessons Learned From 2023's Top ADA Decisions
This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
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A Year Of Transition At The Agenda-Setting 5th Circ.
Under the spotlight of hot issues this year, the Fifth Circuit has appeared to be an ideological court generating controversial decisions and attracting certiorari-grants — but in the shadows and liminal spaces of the everyday issues, the court and its members operate in a much more nuanced and less-divisive way, says Tad Bartlett at Fishman Haygood.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up
Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.