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Appellate
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April 29, 2024
Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight
The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."
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April 29, 2024
Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP
The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.
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April 29, 2024
Restaurateurs Say DOL Drew Tipped Work 'Line' Unfairly
The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.
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April 29, 2024
Kemp Klein Adds Bankruptcy Atty In Mich.
Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.
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April 29, 2024
NC Justices Urged To Rethink Policy 'Stacking' Limits
A policyholder is urging the North Carolina Supreme Court to walk back a decision that he says will negate insurance coverage when drivers at fault for wrecks are underinsured, arguing the holding conflicts with precedent.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
9th Circ. Urged To Revive Nazi-Looted Art Claim
A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is urging the Ninth Circuit to rethink a unanimous panel decision concluding that the museum is under no obligation to do so.
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April 29, 2024
4th Circ. OKs Sanctions Against Law Firm In Bestwall Ch. 11
A split Fourth Circuit panel on Monday refused to overturn more than $402,000 in sanctions against a law firm and its clients as part of bankruptcy proceedings for a Georgia-Pacific unit, saying the contempt and sanctions orders can't be appealed because they aren't final judgments.
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April 29, 2024
Ga. Judicial Watchdog Sets Date For Judge's Ethics Trial
The ethics hearing of a Georgia judge accused of calling litigants names, sexually harassing attorneys and courthouse employees, and trying to get a friend's children out of legal trouble is set for June, according to an order filed Friday in the Georgia Supreme Court.
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April 29, 2024
Builders Say State Rulemaking At Stake In Mich. PFAS Case
A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.
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April 29, 2024
Swamp Drowning Death Suit Sent Back To Trial Court
The Michigan Court of Appeals won't let a man escape a wrongful death suit by the estate of a woman who drowned in swampland his camper was on, saying he had some control over who accessed it, and must face premises liability claims.
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April 29, 2024
NJ Justices Spell Out Atty Fee Rules In Fee-Shifting Cases
The New Jersey Supreme Court has put out rules governing fee agreements for attorneys representing clients in statutorily based fee-shifting cases, capping off years of ethical debate stemming from a case where an individual client was charged $286,000 for legal work on a discrimination lawsuit.
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April 29, 2024
11th Circ. Should Nix Tax Court Judges' Shield, Widow Says
The widow of a supermarket butcher told the Eleventh Circuit that the U.S. Tax Court not only wrongly upheld tax liabilities against her stemming from her husband's tax filings but also erroneously affirmed unconstitutional job protections for its judges.
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April 29, 2024
High Court To Decide Jurisdiction In Dog Food Label Suit
The U.S. Supreme Court on Monday agreed to take up an appeal from Royal Canin USA Inc. and Nestle Purina PetCare Co. in a dispute over whether a suit alleging they falsely represent their products as prescriptions belongs in state or federal court.
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April 29, 2024
Justices Deny Review Of Hezbollah-Tied Bank's Immunity
The U.S. Supreme Court on Monday refused to examine whether sovereign immunity shields a defunct Lebanese bank from terrorism victims' allegations the bank funded Hezbollah, despite the victims' contention that an answer would provide clarity for disputes involving foreign trade.
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April 29, 2024
Justices To Scrutinize Revoked Visa Petition
The U.S. Supreme Court agreed Monday to examine an Eleventh Circuit decision that federal courts lack authority to review the revocation of a previously approved visa petition for a Palestinian man whose marriage was found to fraudulently skirt immigration laws.
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April 29, 2024
Supreme Court Will Review Veteran's PTSD Benefits
The U.S. Supreme Court on Monday accepted an Air Force veteran's petition seeking to examine if an administrative veterans' court should have reviewed his entire case history before denying his benefits claim for post-traumatic stress disorder.
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April 29, 2024
Justices Won't Hear Musk's Case Against SEC Gag Order
The U.S. Supreme Court on Monday said it will not review the terms of a settlement Elon Musk entered into with the U.S. Securities and Exchange Commission six years ago, keeping intact a Second Circuit decision that upheld the terms of a deal that said the Tesla CEO must receive preauthorization before making certain social media posts about the car manufacturer.
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April 29, 2024
Justices Skip Atty's Race Bias Suit Over Paid Suspension
The U.S. Supreme Court on Monday refused to wade into a former congressman's case alleging a nonprofit legal aid firm violated Title VII's ban on race discrimination when it suspended him with pay, passing on the chance to apply a newly crafted high court standard addressing what kinds of workplace actions can sustain a bias lawsuit.
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April 29, 2024
Justices To Weigh RICO Injury Scope In CBD Case
The U.S. Supreme Court on Monday agreed to hear a case brought by a trio of CBD companies asking the justices to establish whether a plaintiff can bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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April 29, 2024
Supreme Court Declines To Hear 'Unusual' FCRA Case
The U.S. Supreme Court on Monday declined to take up PHH Mortgage Corp.'s call for review of a Fourth Circuit decision allowing a Marine Corps veteran to continue his Fair Credit Reporting Act claims that the company harassed him about his ex-wife's debt on a home they once shared.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Remote Class, Medical News, More: Texas High Court Roundup
The Supreme Court of Texas ruled on a handful of issues Friday, including the liability of universities for switching to remote learning, the responsibility of an employer for not providing a worker with concerning medical news and how a settlement credit should be applied to a final judgment.
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April 26, 2024
2nd Circ. Revives NY's Low-Income Broadband Pricing Law
The Second Circuit has breathed new life into a New York state law that requires internet service providers to offer reduced-price broadband plans, ruling Friday that a lower court was wrong to block the law nearly three years ago.
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April 26, 2024
Insurer's $580M Fight With NC Mogul Lands In Del.
An insurer has urged a Delaware state court to unravel a business conversion by embattled insurance mogul Greg Lindberg, arguing that in converting the company he is illegally attempting to escape paying a $580 million award.
Expert Analysis
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Judge-Shopping Policy Revisal May Make Issue Worse
The Judicial Conference at its March meeting unveiled a revised policy with the stated goal of limiting litigants’ ability to judge-shop in patent cases, but the policy may actually exacerbate the problem by tying the issue to judge-shopping in polarizing political cases, making reform more difficult, say Robert Niemeier and William Milliken at Sterne Kessler.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
5th Circ. NFL Disability Ruling Turns ERISA On Its Head
The Fifth Circuit's March 15 ruling in Cloud v. NFL Player Retirement Plan upheld the plan's finding that an NFL player was not entitled to reclassification because he couldn't show changed circumstances, which is contrary to the goal of accurate Employee Retirement Income Security Act claims processing, says Mark DeBofsky at DeBofsky Law.
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How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence
The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Ala. Frozen Embryo Ruling Creates Risks for Managed Care Orgs
The Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine last month, declaring that frozen embryos count as children, has not only upended the abortion debate but also raised questions for managed care organizations and healthcare providers that provide, offer or facilitate fertility treatment nationwide, say attorneys at Reed Smith.
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NY Bond, Enforcement Options As Trump Judgment Looms
In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.
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What To Watch As Justices Consider Appeal Deadline Case
Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Opinion
Justices' Trump Ballot Ruling May Spark Constitutional Crisis
The U.S. Supreme Court’s recent ruling that former President Donald Trump must be reinstated to Colorado’s primary ballot endorses an unnecessarily broad legal theory of disqualification from federal office, raising constitutional questions that will only become more urgent as the next presidential election nears, says Devon Ombres at the Center for American Progress.
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Rebuttal
High Court Should Maintain Insurer Neutrality In Bankruptcy
While a recent Law360 guest article argues that the U.S. Supreme Court should endorse insurer standing in Truck Insurance Exchange v. Kaiser Gypsum, doing so would create a playground for mischief and delay, and the high court should instead uphold insurance neutrality, say attorneys at Lowenstein Sandler.