Analysis

Justices' CFPB Alliance May Save SEC Courts, Not Chevron

By Katie Buehler

A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

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9th Circ. Denies States' Bid To Weigh In On Asylum Limits

By Rae Ann Varona

A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.

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New Bill Calls For High Court To Explain Emergency Rulings

By Katie Buehler

A coalition of Democratic lawmakers introduced a bill Wednesday that would require the U.S. Supreme Court to provide vote tallies and explanations for decisions in most cases on its elusive emergency docket.

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1st Circ. Affirms UBS Win In Puerto Rico Pension Fight

By Brian Dowling

The First Circuit said public pensioners in Puerto Rico can't advance their claims that UBS Financial Services illegally underwrote $3 billion in bonds, ruling that the island's financial restructuring plan transferred the right to those claims to a special committee.

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NY Judicial Nominee Defends Record Amid GOP Criticism

By Courtney Bublé

A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.

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'Appeal To Heaven' Flag Flew At Alito's Vacation Home: Report

By Hailey Konnath

Democratic lawmakers on Wednesday called for U.S. Supreme Court Justice Samuel Alito to immediately recuse himself from cases related to the 2020 election and face censure after The New York Times reported that flags tied to Donald Trump supporters had flown outside two homes owned by the justice in 2021 and again last year.

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Feds And Enviro Groups Fight Utah Counties' High Court Bid

By Joyce Hanson

The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.

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EPA Urges Justices To Keep Ozone Fight In DC Circ.

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Tuesday urged the Supreme Court to keep seven consolidated challenges to the EPA's decision disapproving Utah's and Oklahoma's air quality plans in the D.C. Circuit.

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GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers

By Brian Dowling

Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border. 

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Justices Urged To Undo 'Nonsensical' Double Patenting Ruling

By Dani Kass

Cellect LLC asked the U.S. Supreme Court to review the "nonsensical" invalidation of its patents through so-called obviousness-type double patenting, alleging the Federal Circuit "punished" it for delays in the patent prosecution process that were outside of its control.

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Fla. Gaming Compact Contradicts Law, High Court Told

By Crystal Owens

Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.

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BofA Deserves Tax Refunds On Merger Interest, 4th Circ. Told

By Anna Scott Farrell

The IRS should not have been allowed to keep the interest paid on 23 years' worth of tax underpayments by seven companies that merged into Bank of America, the company told the Fourth Circuit, arguing that the underpayments should be offset by overpayments under merger law.

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5th Circ. Reopens Black Diner's Bias Suit Against Texas Chili's

By Gina Kim

The Fifth Circuit on Wednesday revived a Black diner's suit against Chili's alleging she was denied a table that was later offered to her white fiancé, finding direct evidence of discrimination, including the hostess's apology for discriminating against her, and the lack of service once her group was seated.

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DC Judge Ships CFTC Election Betting Suit Back To Texas

By Jessica Corso

A federal judge in the District of Columbia said Wednesday that a case challenging a Commodity Futures Trading Commission ban on an elections betting platform should never have been sent to her court, shipping the lawsuit back to Texas over the objections of the agency.

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Energy Contractor Can't Get Quick Appeal In 401(k) Suit

By Emmy Freedman

A Texas federal judge refused to allow an energy contractor to immediately appeal a decision declining to dismiss a proposed class action accusing it of stacking its retirement plan with underperforming funds, saying allowing the Fifth Circuit to weigh in now would only slow down the litigation.

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Arizona Officials Spar Over Stay In Voting Rights Fight

By Crystal Owens

Arizona Secretary of State Adrian Fontes is asking a federal district court to deny a bid by the state's top lawmakers and the Republican National Committee to pause a decision to bar provisions of voting legislation from being enforced, arguing that a change this close to an election would create confusion.

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Record Co. Worker Can't Appeal Before Nirvana Logo Trial

By Adam Lidgett

A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.

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WeChat Users Must Arbitrate Privacy Row, Calif. Panel Says

By Gina Kim

California appellate justices said Monday that WeChat users must arbitrate their proposed class action accusing Tencent of using politically motivated practices to censor their communications, saying plaintiffs can't argue they never agreed to terms of service with the arbitration provision while also basing their complaint on those same terms of service.

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Calif. Justices Debate Time To Sue To Change Insurer's Practices

By Bonnie Eslinger

A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

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Calif. Court Rejects Arbitration Pact Stacked Against Workers

By Irene Spezzamonte

The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

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CBRE Calls Exec's Noncompete Right Fit In A Small World

By Spencer Brewer

A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.

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Developer Had No Duty To Verify Flood Model, Court Hears

By Catherine Marfin

A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.

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Binance.US Beats Fla. Regulator's Suspension Order

By Katryna Perera

A Florida state appeals court agreed with Binance.US on Wednesday that the state's financial regulator shouldn't have denied the cryptocurrency exchange the ability to do business in the state after its affiliate and founder pled guilty last year, and that the agency didn't follow proper procedure in blocking Binance's operations.

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Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

By Jennifer Mandato

The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

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Nursing Home Asks Ill. Justices For Broad COVID Immunity

By Lauraann Wood

An Illinois nursing home facing wrongful death suits over an outbreak of COVID-19 told the state's highest court Wednesday that plaintiffs were trying to have it "both ways," by claiming Gov. J.B. Pritzker's grant of pandemic-related immunity to healthcare facilities was both clear and ambiguous.

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Pa. Justices To Say If Building Co-Owner Is 'Indispensable'

By Matthew Santoni

The Supreme Court of Pennsylvania will take up an appeal over whether the co-owner of a rental property who doesn't handle its operation is nonetheless an "indispensable party" whose omission was fatal to a tenant's slip-and-fall lawsuit.

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NJ Panel Revives Town IT Chief's Whistleblower Suit

By Carla Baranauckas

A New Jersey trial court wrongly granted summary judgment to the Borough of Ridgefield in a whistleblower suit claiming wrongful termination, an appeals panel ruled Wednesday, saying the lower court too readily accepted the municipality's argument that the firing was for economic reasons.

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Del. Supreme Court Affirms AMC Shareholder Settlement

By Leslie A. Pappas

Delaware's Supreme Court declared Wednesday that there shall be no sequel to the drama from common stockholders of AMC Entertainment Holdings Inc. who objected to a class settlement of litigation in the state's Chancery Court.

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NC Panel Revives Retention Claim In Faulty Back Surgery Suit

By Mike Curley

A North Carolina appeals court has revived a family's negligent retention claim against a clinic over a doctor who was ousted from the profession for unnecessary and faulty surgeries, finding the claim does not fall under the state's four-year statute of repose for medical malpractice claims.

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Inventor To Take $102M IP Malpractice Row To Ga. High Court

By Andrew Karpan

A neurosurgeon pursuing a nearly $102 million legal malpractice case against FisherBroyles LLP and a legal services contractor over a missed patent filing deadline said Wednesday that he is planning to take the dispute to the highest court in the Peach State.

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Ga. Hospital Says Own Bylaws Are Not Grounds For Suit

By Chart Riggall

Counsel for a major Georgia hospital urged a state appellate court Wednesday to shut down a lawsuit from a doctor who said the medical center poached his patients, arguing that the hospital gets to "enjoy broad authority" about whom its doctors treat.

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Ga. Lender Asks Panel To Free It From Unsolicited Check Case

By Kelcey Caulder

A Georgia lending institution asked the Georgia Court of Appeals on Wednesday to reverse a trial court's decision not to free it from a lawsuit alleging it violated the Georgia Fair Business Practices Act by sending out an unsolicited live check that was stolen and cashed by an unknown party.

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Monsanto's Appellate Win Won't Nix $438M PCB Loss

By Rachel Riley

A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.

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Conn. Judge Doubts Restaurant's Insurance Beef Is Stale

By Brian Steele

Connecticut's chief intermediate appellate court judge appeared skeptical Wednesday of Liberty Mutual Insurance Co.'s position that a restaurant is barred from suing over the denial of coverage for a worker's hand injury, suggesting that previous litigation over the worker's compensation policy has no bearing on the current suit. 

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Mo. Court Upholds Dentist's Malpractice Trial Win

By Jonathan Capriel

A patient who sued a St. Louis-area dentist over alleged injuries she suffered during removal of her wisdom teeth can't upend a jury verdict in favor of the surgeon, a Missouri appeals court ruled, saying the trial court was right to deny efforts to impeach a witness on nonessential issues.

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When Oral Settlements Reached In Mediation Are Enforceable

A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

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Series

Being An EMT Makes Me A Better Lawyer

While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

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Law360 Names Attys Who Moved Up The Firm Ranks In Q1

A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the fourth quarter of last year.

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200th Lifetime Judge Confirmed Under Biden

By Courtney Bublé

The U.S. Senate voted 66-28 on Wednesday to confirm U.S. Magistrate Judge Angela M. Martinez as U.S. district judge in the District of Arizona, marking the 200th lifetime federal judicial confirmation under President Joe Biden.

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DA Willis, Trump Judge, And Justice All Roll To Victory In Ga.

By Chart Riggall

The judge and district attorney at the center of former President Donald Trump's Georgia prosecution easily fended off their electoral challengers Tuesday night, while an abortion-rights candidate for the Peach State's highest court fell well short of the mark.

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Feature

Spencer Fane Lures In Big-Name 'Misfits' For Patent Group

By Dani Kass

Spencer Fane LLP has spent the past two years building up what it hopes to be a top-tier intellectual property group, pulling together a "band of misfits" from firms like Fish & Richardson PC and McKool Smith, according to the group's co-leader.

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NY Federal Reserve Associate GC Rejoins Covington

By Jack Rodgers

A former Covington & Burling LLP associate who left the firm 13 years ago to join the Federal Reserve Bank of New York has returned to work as of counsel, the firm announced Tuesday.

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Texas Attys Get Green Light To Charge Subscription Fees

By Lynn LaRowe

An opinion recently issued by the Professional Ethics Committee of the State Bar of Texas gives Lone Star State lawyers the go-ahead to offer subscription-based legal services so long as the arrangement doesn't result in the charging of an "unconscionable fee."

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Feds To Extend Plea Offer To Oath Keepers Atty In Jan. 6 Case

By Ali Sullivan

Federal prosecutors said Wednesday that they plan to extend a plea offer to an attorney for the far-right Oath Keepers group charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol, but the specifics of the offer could depend on the U.S. Supreme Court's stance on a federal statute often used to prosecute alleged Capitol rioters.

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NC County Sued Over 'Faithful Slaves' Courthouse Monument

By Adrian Cruz

A group of residents of North Carolina's Tyrrell County has sued the county's board of commissioners in North Carolina federal court over an allegedly racist monument outside a courthouse that commemorates "faithful slaves" deemed loyal to the Confederacy during the American Civil War.

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