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March 13, 2024
9th Circ. Unsure If Abortion Pill Suit Harms Red States
Two Ninth Circuit judges on Wednesday challenged Idaho and other Republican-led states' bid to intervene in Washington's lawsuit seeking to expand access to the abortion pill mifepristone, asking if the states could back up their claims of economic harm.
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March 13, 2024
Planned Parenthood Foe Calls Immunity Claim 'Half-Baked'
Attorneys for a pseudonymous relator who sued Planned Parenthood over allegations that it improperly billed Medicaid programs urged the Fifth Circuit on Wednesday to reject the group's position that it was shielded by attorney immunity, calling the entity's argument "half-baked."
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March 13, 2024
Shipbuilder Created For One Project Can't Get H-2B Staff
A company created solely for one shipbuilding project can't hire dozens of foreign shipbuilders to fulfill the contract, after failing to convince a U.S. Department of Labor judge that its labor needs weren't permanent.
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March 13, 2024
CFPB Slams 'Forum-Shopping' Bid To Halt Card Late-Fee Rule
The Consumer Financial Protection Bureau is urging a Texas federal judge to refuse bank industry groups' request for an emergency injunction over the agency's recently finalized $8 credit card late-fee rule, arguing their case is too flimsy to justify putting the new rule on hold.
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March 13, 2024
Hospital Operator Defends Releases In Ch. 11 Plan
California-based hospital operator Alecto Healthcare Services LLC asked a Delaware bankruptcy judge Wednesday to approve its small business Chapter 11 reorganization, saying it is not leaving money on the table by releasing potential clawback claims.
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March 13, 2024
Judge Connolly Ends Chipmaker's Case Against IP Edge
Delaware's top federal judge has decided to brush aside arguments from California chipmaker Power Integrations that multiple agreements "not to sue" that it had obtained from a consortium of patent litigation outfits led by IP Edge were legally "meaningless."
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March 13, 2024
Don't Let Texas 'Rewrite' Immigrant Arrest Law, SG Tells Justices
The Biden administration has told the U.S. Supreme Court that Texas is trying to recast a law allowing the state to arrest and deport immigrants in a more palatable light when it argued for the first time it doesn't require removal.
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March 13, 2024
Google Ordered To Turn Over Docs In Discrimination Suit
A Texas federal judge ordered Google to hand over additional documents Wednesday as the tech giant continued to spar with a former employee, settling the latest spat between the parties in what has become an increasingly contentious battle over the ex-worker's discrimination claims.
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March 13, 2024
Microsoft Strikes Deal To Settle Suit Over Caltech Patents
The California Institute of Technology and Microsoft notified a Texas court Tuesday that they have reached an agreement to end a case where the university alleged that the Xbox and other products infringed its data transmission patents, following similar settlements with other tech giants.
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March 13, 2024
Atty Sanctioned Over Challenge To $60B Exxon-Pioneer Deal
A Texas judge has sanctioned a New York lawyer with a long history of filing frivolous lawsuits almost $60,000 for litigation brought over ExxonMobil's proposed $59.5 billion merger with Pioneer Natural Resources, the largest merger announced in 2023.
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March 13, 2024
Environmental Groups Seek To Defend EPA Methane Rule
Environmental groups on Tuesday told the D.C. Circuit they want to help the U.S. Environmental Protection Agency defend its new regulations for methane emissions at oil and gas facilities from Texas' legal challenge.
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March 13, 2024
Texas Firm Sues Filevine Over Software Contract
A personal injury law firm in Texas is seeking $300,000 in damages and court fees from Filevine Inc., alleging in a federal complaint that the company took too long in implementing a case management software platform for the sole practitioner.
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March 13, 2024
Beckett Collectibles Says Steph Curry Suit Filed Too Late
Beckett Collectibles has asked a Texas federal court to toss a complaint by Alt Platform over the alleged alteration of a rookie Steph Curry trading card, arguing the statute of limitations has run on the lawsuit's sole claim of negligent misrepresentation.
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March 12, 2024
Harris Co. Atty Made To 'Fix' Colleague's Racism, Suit Alleges
A former Houston-area county staff attorney claims she was buried in work, targeted with racist harassment and finally fired following her request to work remotely to manage disabling pain after coronavirus precautions were lifted at the courthouse, according to a lawsuit filed in Texas court.
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March 12, 2024
Manufacturer Spars With Ex-Officers Over Case Dismissal
A polyethylene foam manufacturer says showing professional courtesy shouldn't mean it doesn't have its day in court, asking during oral arguments Tuesday for a Texas state appeals court to reverse a decision to end its case against two of its former executives for want of prosecution.
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March 12, 2024
Judiciary Touts New Policy To Rein In Judge Shopping
The Judicial Conference of the United States on Tuesday said it has updated a policy on random case assignments to ensure litigants can't shop for the judge of their choice by going to a one-judge division of a district court.
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March 12, 2024
Texas' Migrant Arrest Law Faces New Suit, Now By Individuals
Texas residents and a local nonprofit on Tuesday challenged the constitutionality of a new Texas law allowing state officers to arrest and deport migrants, the same day the U.S. Supreme Court imposed a second temporary pause on the law.
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March 12, 2024
Patent Case Against Samsung Paused For PTAB Proceedings
A Texas federal judge said he is staying a suit accusing Samsung's phones of infringing a technology company's patent, noting that there were challenges to the patent going forward before the Patent Trial and Appeal Board.
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March 12, 2024
Sorrento Ch. 11 Will Stay In Texas
A Texas bankruptcy judge Tuesday denied requests to transfer the Chapter 11 case of drug developer Sorrento Therapeutics Inc. out of the Lone Star State for having insufficient ties to the venue.
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March 12, 2024
Judge OKs Ch. 7 Liquidation For Reverse Mortgage Co.
A Delaware bankruptcy judge Tuesday converted Reverse Mortgage Investment Trust Inc.'s Chapter 11 case to a Chapter 7 liquidation, saying the debtor's plan administrator's request for conversion has "good and sufficient cause" under the Bankruptcy Code.
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March 12, 2024
5th Circ. Backs Insurer's Win In Widow's Benefits Suit
The Fifth Circuit declined to reinstate a widow's lawsuit seeking nearly $1 million from an insurer after she said her husband died during a business trip, saying the carrier showed it provided a full review before denying her request because she didn't qualify for the payment.
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March 12, 2024
Sluggish Policy Could Chill Geothermal Boom, Advocates Say
Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.
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March 12, 2024
Arlington Charity Box Rules 'Suffocate' Speech, 5th Circ. Told
The city of Arlington, Texas, told the Fifth Circuit on Tuesday that a trial court got it wrong when it said the city was not allowed to restrict donation boxes to certain zoning districts in a case two north Texas charities said "suffocates" free speech.
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March 12, 2024
Ex-Bankruptcy Judge Cites Judicial Immunity To Escape Suit
Former Texas bankruptcy judge David R. Jones — whose failure to disclose a romantic relationship with an ex-Jackson Walker LLP attorney ignited a major judicial ethics scandal — has moved to dismiss a disgruntled investor's suit that claims Jones gave a Jackson Walker client preferential treatment during its Chapter 11 case, citing judicial immunity.
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March 12, 2024
Alito Again Delays Effective Date Of Texas' Migrant Arrest Law
U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.
Expert Analysis
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
The Supreme Court Can't Fix The SEC's In-House Court Issue
The U.S. Supreme Court agreed to hear an appeal of the Fifth Circuit's decision in Jarkesy v. U.S. Securities and Exchange Commission that, if upheld, could shutter the in-house courts used by the SEC to litigate many of its enforcement cases, but a constitutional challenge to these courts is probably too blunt an instrument for the job, says David Slovick at Barnes & Thornburg.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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Opinion
Congress Should Pass Bipartisan Immigration Reform Bill
By reforming visa allocation, expediting asylum processing, creating new employment visas and creating a path forward for individuals lacking permanent legal status, the recently introduced Dignity Act presents an opportunity for much-needed reform and deserves support from both sides of the aisle, says Laura Reiff at Greenberg Traurig.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Opinion
Aviation Watch: Investigating The SpaceX Rocket Explosion
While the Federal Aviation Administration has promised to oversee an inquiry into the recent catastrophic failure of SpaceX's Starship/Super Heavy rocket, the agency's conflicts of interest and record of lax oversight make it imperative that an independent investigation be conducted, says Alan Hoffman, a retired attorney and aviation expert.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows
The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.
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Why Pausing CFPB Small Biz Lending Rule May Be Prudent
The plaintiffs in the recently filed Texas Bankers Association v. Consumer Financial Protection Bureau are requesting a stay of the CFPB's expanded reporting requirements for small business loan applications — a wise option in light of the pending U.S. Supreme Court challenge to the agency's constitutionality, say P. Russell Perdew and Louis Manetti at Locke Lord.
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6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers
By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.
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Takeaways From Tribes' High Court Adoption Case Victory
The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.
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How Courts Are Treating SEC Disgorgement 3 Years After Liu
Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.