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Appellate
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November 15, 2024
Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court
Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.
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November 15, 2024
Tenneco Asks Justices To Review 6th Circ. Arbitration Denial
Automotive parts company Tenneco asked the U.S. Supreme Court on Friday to review a Sixth Circuit decision from August that refused to force individual arbitration of a proposed class action from workers alleging retirement plan mismanagement, arguing lower courts had disagreed on how to apply federal arbitration law.
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November 15, 2024
Fed. Circ. Won't Send Smartwatch Patent Case Out Of Texas
The Federal Circuit on Friday shot down smartwatch maker Zepp Health's bid to transfer a patent infringement case from Texas to California, agreeing with a lower court's finding that the company failed to show the Golden State was the better forum.
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November 15, 2024
Michael Jordan's Racing Team Seeks Speedy NASCAR Appeal
Two NASCAR teams, including one owned by Michael Jordan, are hoping to sway the Fourth Circuit to fast-track their appeal of a lower court's decision to not grant their request to race next season, arguing that without an expedited process, a decision could come too late to matter.
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November 15, 2024
Ayahuasca Church Urges Justices To Hear Discovery Case
An Arizona church that uses a psychedelic substance in its ceremonies has asked the U.S. Supreme Court to reconsider lower courts' rulings directing the church to turn over members' personal information to federal drug enforcement authorities.
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November 15, 2024
Another Paul Hastings Int'l Arbitration Atty Joins Linklaters
Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.
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November 15, 2024
Grassley To Take 'Traditional Approach' To Blue Slips
Sen. Chuck Grassley, R-Iowa, the incoming chair of the Senate Judiciary Committee, is signaling he will keep the process in place for home state senators' approval of district court nominees, although in the past he has claimed discretion to move forward when he thinks there's no good reason to block a nominee.
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November 15, 2024
Hospital Workers' 2nd Circ. Appeal May Wait For Deloitte Case
Workers for Montefiore Medical Center seeking to revive retirement plan mismanagement allegations may see a delayed ruling in their case until another Second Circuit panel rules on similar claims against Deloitte, a panel judge said Friday during proceedings.
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November 15, 2024
Atty Who Called Mich. Judge 'Crazy' Secures New Hearing
A criminal defense attorney found in contempt for calling a Michigan judge "crazy" during a hearing in his courtroom will get a new hearing because a different judge should have handled the contempt proceedings, a state appellate court panel has determined.
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November 15, 2024
UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.
The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.
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November 15, 2024
Texas Justices Say Subpoena Can't Pause Roberson Death
The Texas Supreme Court on Friday said that a group of bipartisan Lone Star State legislators can't use its committee's subpoena power to pause the execution of a man convicted based on a "shaken baby syndrome" diagnosis.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
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November 15, 2024
MVP: Williams & Connolly's Lisa S. Blatt
Lisa S. Blatt of Williams & Connolly LLP's appellate practice won high-profile victories at the U.S. Supreme Court involving injunctions against employers and the scope of federal bribery law in corruption cases, earning her a spot as one of the 2024 Law360 Appellate MVPs.
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November 14, 2024
DC Circ. Doubts Standing In Challenge To Grid Project Perk
A D.C. Circuit panel expressed skepticism Thursday that a coalition of energy consumers have standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project.
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November 14, 2024
7th Circ. Unsure Of Meta's Bid To Arbitrate Deceptive Ads Suit
The Seventh Circuit seemed unsure Thursday whether it should allow Meta to steer a media company's ad deception antitrust claims away from court and into arbitration, saying the case seems to fall outside the agreement Meta is trying to enforce.
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November 14, 2024
Defense Attys Urge Justices To Narrow False Statement Law
The National Association of Criminal Defense Lawyers is supporting ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman Patrick Thompson's bid to convince the U.S. Supreme Court to overturn his conviction for lying to the Federal Deposit Insurance Corp., arguing that the government's "broad" reading of the relevant statute infringes on constitutional rights.
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November 14, 2024
Biden Admin Backs Controversial Alaskan Land Swap, Road
The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.
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November 14, 2024
5th Circ. Judge Pummels Judicial Integrity Critics
Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.
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November 14, 2024
Canadian Standards Group Asks High Court To Rethink IP Ruling
A Canada-based standards development group wants the U.S. Supreme Court to take up its challenge to a Fifth Circuit decision that handed a win to a Canadian man the group said was selling copies of its copyrighted standards.
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November 14, 2024
Giuliani Can't End Dominion Exec's Suit Over Election Lies
A Colorado Court of Appeals panel on Thursday ruled Rudy Giuliani can't dismiss a former Dominion Voting executive's defamation suit under anti-SLAPP law, largely carrying over the reasoning of its prior decision on a similar appeal by the Trump campaign and other defendants in the same case.
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November 14, 2024
United Urges 7th Circ. To Back Vax Mandate Suit Dismissal
The Seventh Circuit shouldn't disturb a district court's decision to toss a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate because they've either forfeited or improperly supported all their arguments on the issue, the airline argued Thursday.
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November 14, 2024
Patient's Trial Testimony Doomed Med Mal Case, Panel Says
A New Jersey appeals court on Thursday affirmed a doctor's mistrial win in a suit alleging that he failed to diagnose a woman's diabetes, causing serious injuries, saying the woman's own admission on the witness stand made it clear that her claims were untimely.
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November 14, 2024
Split 5th Circ. Axes Student's Bias Suit Over Right-Wing Beliefs
An equally divided en banc Fifth Circuit on Thursday refused to revive a high school student's race discrimination suit against his Texas school district, finding that most of the bullying the student allegedly experienced was based on his support of President-elect Donald Trump and conservative viewpoints, not his race.
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November 14, 2024
Hemp Companies Take NJ Challenge To 3rd Circ.
A group of companies that manufacture and sell hemp products is urging the Third Circuit to take a second look at an order that blocked part of a New Jersey law that regulates the sale of intoxicating hemp products, despite seemingly scoring a favorable outcome at the trial level.
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November 14, 2024
Scooter Victim Can't Show Lime Had Duty Of Care, Panel Says
A Colorado Court of Appeals panel on Thursday affirmed the dismissal of a woman's negligence suit against an electric scooter company after she was hit by a scooter driver, finding the company's decision to rent out the scooters does not create a duty to protect the public from people's unsafe use of them.
Expert Analysis
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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3 Presidential Privilege Questions After Trump Ruling
The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.