Appellate

  • October 21, 2024

    Nissan Fights Uphill To Undo Cert. In Sunroof Defect Fight

    Ninth Circuit judges on Monday doubted Nissan's bid to undo an order certification of a class of drivers who allege the Japanese carmaker sold vehicles with panoramic sunroofs that are prone to shattering, telling Nissan's counsel the appeal appears to challenge the claims' merits, and not whether they could be resolved classwide.

  • October 21, 2024

    Rio Grande LNG, Texas LNG Want DC Circ. FERC Ruling Redo

    Backers of liquefied natural gas projects on Texas' Gulf Coast are asking the D.C. Circuit to revisit a panel ruling that vacated their Federal Energy Regulatory Commission reauthorization orders, with Rio Grande LNG LLC saying that the flawed ruling threatens to halt its $18 billion project and put its future at "grave risk."

  • October 21, 2024

    2nd Circ. Axes Claims Victoria's Secret Mogul Aided Epstein

    The Second Circuit on Monday refused to revive a suit accusing billionaire developer and Victoria's Secret tycoon Leslie Wexner, his wife and four of their organizations of facilitating Jeffrey Epstein's sexual assault of a minor, finding the appeal improperly raised new arguments.

  • October 21, 2024

    9th Circ. Judge Slams 'Reprehensible' Policy In Jail Death

    A Ninth Circuit judge on Monday blasted a healthcare contractor's policy that denied hospital treatment for a woman in a Washington jail who died from a ruptured intestine, but nevertheless questioned if a $24 million punitive damage jury award was excessive.

  • October 21, 2024

    Disbarred Conn. Atty Owed $52K In Fees, Appeals Court Told

    An attorney disbarred for making false claims in a judicial recusal motion is seeking $52,100 in fees derived from a State Farm car accident settlement and various other sources, telling the Connecticut Appellate Court on Monday that a trial judge improperly weighed the fees during her later discipline case.

  • October 21, 2024

    NJ Transit Keeps Win In Suit Over Worker Assault

    A New Jersey state appeals court has tossed a lawsuit alleging that New Jersey Transit Rail Operations Inc. failed to prevent a homeless woman from attacking an agency electrician at a subway station, saying there was insufficient evidence the agency violated any standards regarding reasonably safe workplace conditions.

  • October 21, 2024

    NC Justices Revive Challenge To Hospital Competition Law

    The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.

  • October 21, 2024

    9th Circ. Doubts Calif. City Can Sue Over Housing Mandates

    A Ninth Circuit panel expressed skepticism Monday that Huntington Beach, California, has standing to sue the state in federal court over California's housing mandates because it's an autonomous charter city, with one judge saying the city "is not some free floating entity that gets to do whatever it wants."

  • October 21, 2024

    11 House Dems Back DOI In Offshore Lease Challenge

    A coalition of House Democrats are supporting the U.S. Department of the Interior in a petroleum industry challenge to a 2024-2029 offshore oil and gas leasing program, telling the D.C. Circuit the federal government isn't required to "make decisions with blinders on."

  • October 21, 2024

    3rd Circ. Urged To Rethink $60M Moroccan Hotel Award Fight

    An investment group wants the Third Circuit to reconsider its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, saying the ruling is unprecedented and disregards well-established Delaware law.

  • October 21, 2024

    Colo. Justices Ask City To Explain How Theft Law Is Valid

    The Colorado Supreme Court has ordered a Denver suburb and its municipal court to elucidate why a city ordinance, that imposes harsher petty theft penalties than those under state law, should not have been found unconstitutional or preempted by state statute.

  • October 21, 2024

    Justices Told Newman's Suspension Preventing Fair Hearings

    The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.

  • October 21, 2024

    6th Circ. Won't Force Arbitration Of Kellogg 401(k) Fee Suit

    The Sixth Circuit on Monday revived a proposed class action against a Kellogg Co. subsidiary alleging mismanagement of an employee 401(k) plan, finding a Michigan federal court wrongly tossed the suit in favor of arbitration in April 2023.

  • October 21, 2024

    Colo. Tenants Facing Eviction Are Entitled To Jury Trials

    The Colorado Supreme Court ruled Monday that tenants in the state have a right to jury trials in eviction actions filed by their landlords if factual disputes exist in the case.

  • October 21, 2024

    1st Astroworld Trial Pushed As Travis Scott Drops Appeal

    Rapper Travis Scott has dropped his bid for settlement information from several Astroworld plaintiffs, telling a Texas appellate court that the first plaintiffs scheduled to have their day in court will no longer be heading to trial this week.

  • October 21, 2024

    DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project

    Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.

  • October 21, 2024

    9th Circ. Probes Bargaining Order Limits In 1st Cemex Review

    In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.

  • October 21, 2024

    Ga. Justices Told To Reject Election Board's 'Power Grab'

    A former Georgia Republican lawmaker who successfully blocked a slate of controversial new election rules in the Peach State urged the state supreme court Monday not to reimpose the measures just weeks before Election Day while an appeal plays out.

  • October 21, 2024

    2nd Circ. Won't Revive $500M Plunge Suit Against Wells Fargo

    The Second Circuit on Monday refused to revive a proposed class action accusing Wells Fargo of causing a Chicago fund manager to lose at least $500 million by wrongfully forcing the liquidation of its mutual fund and other investments, finding that the district court was correct in dismissing the suit entirely.

  • October 21, 2024

    3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court

    3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.

  • October 22, 2024

    Post-Dobbs Ballot Questions May Spell Litigation With No End

    A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.

  • October 22, 2024

    The State Supreme Court Races To Watch In November

    With dozens of states holding elections next month for more than 80 seats on their courts of last resort, a number of races could prove critical for the courts' ideological balances and important cases relating to abortion, voting rights and possibly even the outcome of the presidential election.

  • October 21, 2024

    5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win

    A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.

  • October 21, 2024

    9th Circ. Revives Atty's ADA Suit Against Calif. Bar

    The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.

  • October 21, 2024

    5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late

    The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.

Expert Analysis

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • What 7th Circ. Samsung Decision Means For Mass Arbitration

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    The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • How Corner Post Affects Enviro Laws' Statutes Of Limitations

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    The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.

  • Jarkesy May Thwart Consumer Agencies' Civil Penalty Power

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    The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.

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