Appellate

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Skeptical DC Circ. Probes Treaty's Arbitration Applicability

    A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Ga. Panel Brings Doctor In, Publix Out In Drug Allergy Case

    The Georgia Court of Appeals on Wednesday overturned a trial court ruling releasing a doctor from the professional malpractice suit of a patient who was hospitalized for nearly two weeks following an allergic reaction to a prescription drug but remained "unpersuaded" that Publix Super Markets Inc. was liable in the case.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

  • February 28, 2024

    'Lawyer Cat' Judge, Texas Attys Seek Seats On New Courts

    The state court judge behind 2021's viral "lawyer cat" video along with several prominent Houston attorneys have submitted bids for appointment to the Lone Star State's newest courts, according to records obtained by Law360. Here's a look at some of the attorneys who have thrown their names in the running for the new appointments.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Seminole Sports Gaming Compact Worth $4.4B, Report Says

    An economic research agency in Florida estimated in a recent report that a gaming compact between the state and the Seminole Tribe of Florida that is currently pending certiorari review by the U.S. Supreme Court will garner $4.4 billion in new revenues for the state over the next six years.

  • February 28, 2024

    Justices Lean On Both Sides In ATF Bump Stock Rule Case

    The U.S. Supreme Court on Wednesday considered whether bump stocks can be considered machine guns under an Alcohol, Tobacco, Firearms and Explosives rule banning the devices, knocking holes in opposing interpretations of the National Firearms Act's definition of a machine gun.

  • February 28, 2024

    9th Circ. Revives Suit Over Google's Cell Data Use In Androids

    The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.

  • February 28, 2024

    9th Circ. Won't Undo Airline Price-Fixing Settlement Payout

    The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order. 

  • February 28, 2024

    Trans Teens Tell High Court To Pass On Idaho's Stay Request

    Two transgender Idaho teens told the U.S. Supreme Court on Wednesday that the state did not establish "any of the criteria" required for the high court to let Idaho enforce a ban on gender-affirming care while a battle over such care plays out in the Ninth Circuit.

  • February 28, 2024

    Court Will Hear Arguments In Camp Operator's Bond Dispute

    A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.

  • February 28, 2024

    Retainer Signature Dispute Ends In Nixing Of NJ Billing Suit

    A New Jersey law firm cannot pursue claims for unpaid bills against the operators of a nursing home it once represented, an appellate panel has ruled, upholding a trial court's finding that, because the individuals did not sign a retainer agreement as individuals, they cannot be personally liable.

  • February 28, 2024

    6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too

    The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.

  • February 28, 2024

    Insurer Wins New Trial Due To Paralegal's Surprise Testimony

    An insurer will receive a new trial in its coverage dispute with two homeowners over damage caused by a water supply line failure, a Florida state appeals court ruled, finding the insurer was prejudiced by the trial court allowing a paralegal to testify as a surprise witness.

  • February 28, 2024

    CFPB, FTC Urge 11th Circ. To Rule Against 'Pay-To-Pay' Fees

    The Consumer Financial Protection Bureau and Federal Trade Commission have backed consumers battling mortgage servicer Ocwen over the legality of so-called convenience fees, urging the Eleventh Circuit to affirm that federal prohibitions apply to the charges.

  • February 28, 2024

    8th Circ. Won't Review Mexican National's Removal Fight

    A divided Eighth Circuit has backed the Board of Immigration Appeals' rejection of a Mexican national's bid to reopen his challenge to a deportation order, finding that his objections to the Department of Homeland Security's deficient notice to appear in immigration court were submitted too late.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Enviro Orgs Sue EPA Over Factory Farm Water Pollution Regs

    Green groups are pushing the Ninth Circuit to revive their petition asking the U.S. Environmental Protection Agency to craft new, stronger Clean Water Act regulations for the large animal feeding facilities they call "sewerless cities."

  • February 28, 2024

    MasterCard Loses Another Attempt To End Patent Case

    The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a covenant not to sue."

  • February 28, 2024

    Family's Suit Over Take-Home Asbestos Death Is Revived

    A Texas appeals court has reinstated a man's suit against Howmet Aerospace Inc. alleging his wife died of asbestosis as a result of cleaning his asbestos-covered clothing for 25 years, saying the trial court was wrong to find that the man hadn't presented any evidence linking that exposure to her death.

  • February 28, 2024

    Tribes Urge Biden To Break Silence On Pipeline Dispute

    Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.

  • February 28, 2024

    Supreme Court Will Decide Trump's Criminal Immunity Claim

    The U.S. Supreme Court said Wednesday it will review former President Donald Trump's claim that he is immune from federal charges related to interfering in the 2020 presidential election, setting oral arguments in the case for late April. 

Expert Analysis

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

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    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • High Court Forfeiture Case Again Pits Text Against Purpose

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    In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

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