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High Court's Gender Divide Palpable At Latest Abortion Args
As the U.S. Supreme Court pondered permissible limits on abortion in medical emergencies, justices Wednesday split discernibly along ideological lines yet unmistakably along gender lines, with liberal and conservative women questioning restrictions far more forcefully than their male colleagues.
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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.
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May 01, 2024
5th Circ. Wants Texas Injunction Ruling In CFPB Late Fee Case
In a late Tuesday about-face, the Fifth Circuit has sent a banking industry lawsuit over the Consumer Financial Protection Bureau's $8 credit card late fee rule back to Texas federal court, saying it doesn't want to be the first to decide whether the rule should be blocked from taking effect later this month.
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April 30, 2024
5th Circ. Nixes Software Co.'s $1.6B Win In IBM Contract Row
The Fifth Circuit on Tuesday reversed a Texas federal court's $1.6 billion ruling against IBM, finding that Houston-based software company BMC lost out to IBM "fair and square" when IBM fulfilled a request by their mutual client AT&T to replace BMC's software in AT&T's mainframe with IBM's.
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April 30, 2024
2nd Circ. Revives Commerzbank RMBS Suit Against US Bank
The Second Circuit on Tuesday revived part of a nearly decade-old Commerzbank AG lawsuit brought against U.S. Bank NA over its role as a trustee on a slew of pre-2008 crisis RMBS trusts, sending some of the German bank's previously dismissed claims back to district court for a "closer inspection."
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April 30, 2024
Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight
A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.
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April 30, 2024
Justices Told Error Admission Merits Respect In Capital Case
Attorneys general from across the country implored the U.S. Supreme Court on Tuesday to give the "utmost" deference to Oklahoma's confession that prosecutorial misconduct led to the wrongful conviction of a death row inmate and to overturn a state court ruling that rebuffed the admission and upheld the conviction.
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April 30, 2024
TracFone Must Pay Wash. City's Utility Tax
Prepaid phone businesses are utilities and can be taxed as such under Washington state law, according to a state appeals court that had been posed such a question as part of a dispute between TracFone and a Seattle suburb.
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April 30, 2024
Texas Appeals Panel Keeps Court Reporter's AI Case Alive
An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.
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April 30, 2024
Atty Tells Trump Jury That Hush Money Deal Almost Tanked
An attorney who previously represented adult film star Stormy Daniels told jurors Tuesday in the New York criminal trial of Donald Trump about how the $130,000 hush money agreement at the heart of the case was nearly derailed after former Trump lawyer Michael Cohen would not close the deal.
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April 30, 2024
5th Circ. Questions Texas' Standing In SEC Proxy Rule Battle
The Fifth Circuit appeared skeptical Tuesday of a Texas-led challenge to a U.S. Securities and Exchange Commission regulation that will require fund managers to make it easier for investors to identify ESG issues on corporate ballots, with the judges wondering whether the Lone Star State and others had standing to bring the lawsuit.
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April 30, 2024
Wash. Fights GEO's Bid For Final End To ICE Detention Law
The state of Washington pushed back against GEO Group's effort to scrap its law allowing surprise inspections and raising hygiene standards at immigration detention facilities, saying the private prison operator is already partly shielded from enforcement of the law while a Washington federal court considers its constitutional challenge.
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
9th Circ. Says Calif. Bar Didn't Violate Student's Fed. Rights
The Ninth Circuit on Tuesday affirmed the dismissal of an octogenarian law school student's claims that the State Bar of California violated his 14th Amendment protected rights when it refused to excuse his delay in taking a first-year exam, saying the California Supreme Court has original jurisdiction over admission matters.
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April 30, 2024
Texas Doctor Can't Get Expert Report Tossed In Suicide Suit
A Texas appeals court on Tuesday refused to dismiss a mother's suit alleging a doctor and medical center failed to properly treat her son's depression, saying the expert report is sufficient in laying out how the doctor's alleged negligence led to the son's suicide.
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April 30, 2024
7th Circ. Backs Costco's Win In Gas Price-Matching Feud
The Seventh Circuit on Tuesday upheld Costco's victory against a dozen Wisconsin gas stations that claimed the warehouse giant sold regular unleaded fuel below a statutory minimum markup price that allegedly caused a decline in revenue, finding no evidence showing that Costco's pricing practices caused the stations a single lost sale.
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April 30, 2024
Drug Company Can't Escape Texas Counties' Opioid MDL
A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.
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April 30, 2024
Split 9th Circ. Finds San Jose Nuisance Laws Constitutional
A split Ninth Circuit panel held Tuesday that San Jose, California, did not violate the First Amendment rights of a nightclub operator by suspending its license following a shooting, affirming that the public nuisance provisions and licensing scheme for entertainment venues used by the city are not unlawful prior restraints.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
Colo. Justice Says Judges Need To Squash Lawyers' Sniping
Colorado Supreme Court Justice Richard L. Gabriel said Tuesday that more judges should call out lawyers' unprofessional behavior in their courtrooms to help restore civility in the profession, aiming to stamp out those behaving like "kids fighting in the sandbox."
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April 30, 2024
Ex-Enforcers Back CoStar At 9th Circ. Against Antitrust Claims
Several former antitrust enforcers told the Ninth Circuit that a lower court was right to toss a rival's claims that CoStar monopolizes commercial real estate information markets despite concerns from the Federal Trade Commission about the allegations.
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April 30, 2024
$626M Fee Award In BCBS Deal Is Unjust, High Court Told
A member of the class that settled multidistrict litigation with Blue Cross Blue Shield for $2.67 billion over anti-competitive practices has asked the U.S. Supreme Court to take up his challenge to the $626 million attorney fees award in the settlement, arguing the Eleventh Circuit's approval of the award runs counter to high court precedent.
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April 30, 2024
10th Circ. Says Biden Can Raise Contractors' Minimum Wage
President Joe Biden's minimum hourly wage increase for federal contractors to $15 is intertwined with furthering the economy and is therefore supported by the Procurement Act, a split Tenth Circuit panel ruled Tuesday, agreeing with a Colorado federal court to keep the wage bump.
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April 30, 2024
Customers Can't Get Ill. ComEd Bribery Suit Restored
An Illinois state appellate panel refused Monday to reinstate a putative class action accusing Commonwealth Edison of fraud in the wake of the utility's admission that it bribed the former Illinois House speaker to secure his support for favorable energy policy, saying the passage of the relevant legislation wasn't directly related to the bribes.
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April 30, 2024
1st Circ. Says Flyers' JetBlue-Spirit Deal Challenge Moot
The First Circuit has tossed an appeal brought by airline customers who had challenged a since-abandoned merger between JetBlue Airways Corp. and Spirit Airlines in light of the government's successful antitrust intervention.
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April 30, 2024
Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.
A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.
Editor's Picks
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Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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DC Circuit Cases To Watch In 2024
As the D.C. Circuit heads into 2024, its judges are poised to answer hotly anticipated political questions about former President Donald Trump and his allies, as well as a number of Federal Energy Regulatory Commission cases that could determine the future of certain natural gas projects.
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Law360's Guide To Biden's Judicial Picks
UPDATED May 1, 2024 | President Joe Biden is shaping the federal judiciary by adding to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, who made the judiciary more homogeneous as the judges confirmed under him were 84% white and 76% male.
Expert Analysis
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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Banks Have Won Syndicated Loan Battle, But Not The War
Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.