Try our Advanced Search for more refined results
Appellate
-
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.
-
May 01, 2024
5th Circ. Wants Texas Injunction Ruling In CFPB Late Fee Case
In a late Tuesday twist, 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.
-
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.
-
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."
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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."
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
Expert Analysis
-
What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
-
Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
-
Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
-
Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
-
The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
-
Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
-
7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
-
Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
-
Workplace Challenges Amid Israeli-Palestinian Conflict
Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.
-
Justice O'Connor Was Architect of ERISA's Lasting Success
U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.
-
Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
-
5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
-
Key Issues When Navigating A Tenant's Bankruptcy
In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
-
5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
-
A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.