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Appellate
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June 17, 2024
Pharmacy Groups Urge High Court To Hear Okla. PBM Case
Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.
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June 17, 2024
Weigh Therapist's Opinion In Deportation Case, 4th Circ. Says
A divided Fourth Circuit on Monday revived a Mexican woman's efforts to stay in the country, faulting an immigration judge for not considering the impact of his deportation order on the woman's clinically depressed daughter.
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June 17, 2024
FTC Says Hospital Won't Fail Without Novant Buyout
The Federal Trade Commission is pushing back against claims that North Carolina's Lake Norman Regional Medical Center will fail if the agency halts its acquisition by Novant Health, telling the Fourth Circuit that the hospital is, in fact, profitable and stable.
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June 17, 2024
Split Mass. Top Court Backs Strict View Of Prompt Pay Law
The top appeals court in Massachusetts said in a divided opinion Monday that contractors must pay overdue invoices before disputing claims under the state's prompt pay law, with two dissenting judges criticizing the majority for trying to rewrite the law "by judicial fiat."
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June 17, 2024
Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss
Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.
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June 17, 2024
Catching Up With Delaware's Chancery Court
Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk.
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June 17, 2024
Ga. Panel OKs Instruction In $4.5M Spinal Device Injury Suit
The Georgia Court of Appeals has affirmed a trial court's decision to tell jurors not to consider the availability of insurance benefits when considering the issues of liability and damages in a case in which a woman whose doctor incorrectly implanted a spinal cord stimulator was awarded $4.5 million.
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June 17, 2024
Lambda Legal Calls For More LGBTQ+ Judges
President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.
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June 17, 2024
Biden: High Court 'Never Been As Out Of Kilter'
President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."
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June 17, 2024
Texas High Court Restores Fossil Win Over Harassment Suit
The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.
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June 17, 2024
Mich. Justice Wants Tax-Break Filing Options After Mail Fiasco
A Michigan Supreme Court justice called on the state Legislature to give taxpayers more flexibility in claiming property tax exemptions after a company lost out on an exemption because the U.S. Postal Service never delivered its paperwork.
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June 17, 2024
Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws
The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.
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June 17, 2024
Justices To Decide If False Claims Act Applies To E-Rate
The U.S. Supreme Court on Monday agreed to review whether reimbursement requests made to the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act.
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June 17, 2024
Justices Will Hear Philly Bridge Project Fraud Case
The U.S. Supreme Court will decide whether a Pennsylvania Department of Transportation contractor's false promise to give a certain share of its business to minority-owned subcontractors rises to the level of depriving the state agency of property, the court announced Monday.
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June 17, 2024
High Court Won't Hear Florida Gaming Compact Dispute
The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.
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June 17, 2024
High Court Will Mull Proof Needed For Wage-Hour Carveout
The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.
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June 17, 2024
Justices Reject Dispute Over $3.1B South Korean Military Deal
The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.
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June 17, 2024
Supreme Court Won't Revisit Calif. Law Arbitration Issue
The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.
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June 17, 2024
Justices Pass On Revisiting PAGA Arbitration Issue
The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.
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June 17, 2024
Justices To Hear Nvidia Case On Securities Pleading Standard
The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.
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June 14, 2024
Fla. Court Says Navy Vet Can Sue CNN For Punitive Damages
A Florida state appellate court has ruled that a Navy veteran turned private contractor can include punitive damages in his defamation lawsuit against CNN, saying he made a "sufficient preliminary evidentiary showing" of malice over the network's reporting on evacuating citizens of Afghanistan in 2021.
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June 14, 2024
Judges Seem Split On Workers' Comp In Airline COVID Case
Washington appellate judges appeared to disagree Friday on whether to overturn a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19, with one judge suggesting the verdict was reasonable and another questioning whether employers are liable for diseases traveling employees catch.
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June 14, 2024
2nd Circ. Releases Citi From Order To Freeze Assets In Gabon
The Second Circuit vacated a protective injunction requiring Citibank to freeze more than $151 million at its Gabon branch amid a shareholder battle for control of a Cameroonian oil pipeline company, saying the New York district court exceeded its jurisdiction by ordering the freeze.
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June 14, 2024
'Cockamamie' Live Nation Arbitration Rules Perplex 9th Circ.
An attorney for Live Nation Entertainment Inc. argued to skeptical Ninth Circuit judges on Friday that a California district judge was wrong to remove ticket buyers' antitrust class claims from arbitration by finding the arbitration agreements unconscionable, with one judge calling the language in the agreements "drafting malpractice," "cockamamie" and "just nuts."
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June 14, 2024
Due Process At Stake As Justices Back 2-Step Removal Notice
The U.S. Supreme Court's decision that immigration hearing notices need not include the time and place of removal hearings for in absentia removal orders to be upheld could lead to further erosion of due process in removal proceedings, experts said.
Expert Analysis
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Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'
A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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3 Infringement Defenses To Consider 10 Years Post-Nautilus
In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.
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NY Ruling Paves A Court Payment Shortcut For More Creditors
A recent New York state appeals court ruling expands access to an expedited statutory procedure for court enforcement of promissory notes or unconditional guaranties, allowing more creditors to minimize the risk of potentially challenging litigation on threshold issues, says Alexander Levi at Friedman Kaplan.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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The Fed. Circ. In May: The Printed Matter Doctrine's Scope
The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.