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Appellate
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September 03, 2024
No BIPA Exception For OTC Glasses, Ill. Judges Say
An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.
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September 03, 2024
NAACP, Others Fight Ga.'s Bid To Undo Election Law Block
The Georgia branch of the NAACP and a host of other groups are asking the Eleventh Circuit to affirm and expand a preliminary injunction blocking parts of a controversial Peach State election law as state officials are pushing to have the injunction overturned.
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September 03, 2024
Judge Skeptical Navy Owes Millions For IP Infringement
A Federal Circuit judge appeared skeptical Tuesday about a software firm's demand for $85.9 million in damages for the Navy's unauthorized copies of its software, suggesting the company hadn't proven its eligibility for more than the $154,400 it was previously awarded.
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September 03, 2024
Fed. Circ. Panel Questions CIT Ruling On Cookware Duty
A Federal Circuit panel expressed skepticism of a U.S. Court of International Trade decision last year to deny first-sale treatment for a California cookware distributor's Chinese imports, saying the key step in determining the level of duties seemed to be largely based on the absence of certain evidence the government didn't even subpoena to obtain.
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September 03, 2024
2nd Circ. Won't Ax Dad's Removal Over Child's Mental Health
The Second Circuit ruled Tuesday that a man who entered the U.S. illegally more than two decades ago can't cancel his removal on the grounds that it would cause his daughter hardship, ruling that any adverse impacts would be typical of family separation.
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September 03, 2024
3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents
A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.
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September 03, 2024
Colo. AG Says Tenants Can Sue Blackstone Over Lease Terms
Colorado Attorney General Phil Weiser urged the state's Supreme Court on Friday to find that tenants can sue a group of Blackstone subsidiaries for deceptive trade practices over lease agreements that allegedly misrepresent the rights of tenants.
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September 03, 2024
6th Circ. Revives Suits Over Fatal Kia Optima Crash
A split Sixth Circuit panel on Tuesday reinstated a pair of suits alleging that a malfunction in the cruise control of a 2008 Kia Optima caused it to accelerate and hit a van, killing the Kia's driver and twin boys in the van, saying the trial court wrongly excluded portions of the plaintiffs' experts' opinions.
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September 03, 2024
VLSI Asks Fed. Circ. To Nix Intel's Extraterritoriality Patent Win
Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing that the trial judge wrongly concluded on summary judgment that VLSI hasn't shown that Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.
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September 03, 2024
8th Circ. Says Union Pacific Must Face Color Vision Bias Suit
The Eighth Circuit revived a former Union Pacific conductor's lawsuit alleging he was unlawfully fired after failing a color vision test, ruling Tuesday that a lower court erroneously said his participation in a defunct class action couldn't save his claims.
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September 03, 2024
EPA Should Have Rethought Smog Plan, DC Circ. Told
U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to rethink its plan to reduce smog-forming emissions across several states once courts partially blocked the plan's implementation, saying those decisions vindicate arguments that the rule can't be legally crafted.
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September 03, 2024
Advocates Urge 8th Circ. To Keep Iowa Arrest Law Blocked
Immigration lawyers and advocates for domestic violence survivors slammed Iowa's defense of a state law authorizing the arrest of immigrants who reentered the country after deportation, telling the Eighth Circuit that the immigrants may have obtained humanitarian protections after removal.
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September 03, 2024
9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale
The bankruptcy court is not authorized to use the pro rata method to allocate proceeds between the IRS and an estate with a tax lien for unpaid taxes and penalties, the Ninth Circuit ruled Tuesday, saying there is nothing in bankruptcy law that explicitly allows this approach.
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September 03, 2024
Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case
The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.
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September 03, 2024
Apartment Co. Asks 9th Circ. To Toss NLRB Wage Talk Ruling
An Arizona property management company has urged the Ninth Circuit to reverse a National Labor Relations Board decision finding the company unlawfully fired a worker who talked about wages, joining a chorus of employers arguing the labor agency is unconstitutionally structured.
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September 03, 2024
Debtor's Late-Filing Case Should Be Reviewed, Justices Told
Tax experts urged the U.S. Supreme Court to review a Ninth Circuit decision that found late-filed returns prevented a taxpayer from discharging his federal tax debt in bankruptcy, saying the case reflects a decades-long debate that has split the circuits three ways.
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September 03, 2024
Criminal Lawyers Group Backs YSL Atty In Contempt Appeal
The American Board of Criminal Lawyers told the Georgia Supreme Court that one of its fellows, an attorney defending rapper Young Thug in a racketeering trial, shouldn't have been held in contempt for refusing to divulge to a state judge how he learned about the judge's improper meeting with prosecutors and a key witness.
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September 03, 2024
Ex-Teacher Asks 7th Circ. To Revive Bias Fight Over Pronouns
An evangelical teacher urged the Seventh Circuit to revive his religious bias lawsuit alleging he was unlawfully fired for refusing to use transgender students' gender-affirming names and pronouns, arguing a 2023 U.S. Supreme Court decision backs keeping his case in court.
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September 03, 2024
Split 5th Circ. Dissolves La. Voting Consent Decree
An 11-member majority of the Fifth Circuit dissolved a 30-year-old voting consent decree over how justices are elected to Louisiana's highest court, finding in a split en banc opinion that the state has "satisfied its obligations."
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September 03, 2024
NJ Judiciary Expands Public Access To Briefs, Hearings
The New Jersey judiciary will begin livestreaming oral arguments before the Superior Court's Appellate Division and posting briefs for the Appellate Division and the state Supreme Court online in September, according to an announcement Tuesday.
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September 03, 2024
4th Circ. Affirms Father-Son Duo's COVID Fraud Conviction
The Fourth Circuit on Tuesday refused to walk back the convictions of a father-son duo who were found guilty of fraudulently obtaining $1.7 million in COVID-19 relief funds, finding there was sufficient evidence to bolster the guilty verdicts and the trial court did not otherwise make a mistake in allowing their prior counsel to be questioned at trial.
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September 03, 2024
DC Circ. Rejects EPA's 'New' Boiler Emission Limits
The D.C. Circuit said Tuesday that a U.S. Environmental Protection Agency rule regulating emissions from boilers used at industrial plants, universities and hospitals improperly classified some sources as "new" even though they existed before the regulations were proposed.
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September 03, 2024
Justices Urged To Revive Movie Site TM Suit Against BofA
The Tenth Circuit employed "an analysis devoid of context whose conclusions contradicted themselves" when it found Bank of America Corp. had not infringed a movie website owner's trademark with its virtual assistant "Erica," the site owner has told the U.S. Supreme Court.
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September 03, 2024
Texas Judge On Joining New Statewide Appellate Court
As he moves from his seat as the first jurist to sit on the Lone Star State's 480th District Court bench to a place on Texas' newly created Fifteenth Court of Appeals, Justice Scott Field is well-prepared to "hit the ground running."
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September 03, 2024
Texas Justice On Moving To The New 15th Appeals Court
This month, Texas business courts gavel in for the first time and a newly created appellate court, the Fifteenth District, will begin accepting business court appeals as well as disputes on appeal that include the Lone Star State or a state entity as a party.
Expert Analysis
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Takeaways From Justices' Redemption Insurance Decision
The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.