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Appellate
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November 05, 2024
Georgia Atty Disbarred After Theft Conviction
A Waco, Georgia, attorney was disbarred Tuesday after he was convicted of "theft by conversion" for taking advantage of an elderly client.
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November 05, 2024
On Election Eve, Trump Fights Reviving Nixed Charges In Ga.
With voters set to decide on his bid to return to the White House, former President Donald Trump has urged a Georgia state appeals court to reject an attempt by the Fulton County District Attorney's Office to reinstate six criminal charges against him and five of his co-defendants in an election interference case.
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November 05, 2024
FERC Skimped On Pipeline Review, Environmental Groups Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
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November 05, 2024
NC Justices' Ruling Invites Judicial Bias, Former Clerk Argues
A former county clerk of courts is trying to undo a recent North Carolina Supreme Court decision that she argues means that only one judge per county has authority to preside over court clerk removal petitions and that specified judges can't recuse themselves when there is a conflict.
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November 05, 2024
5th Circ. Says Late EEOC Filing Dooms Race Bias Suit
The Fifth Circuit shut down a race bias suit from a worker who said his supervisor referred to him by a racial slur, finding that the ex-worker filed his pre-suit U.S. Equal Employment Opportunity Commission charge too late.
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November 05, 2024
NJ Justices To Review Hospitals' Challenge To Charity Care
The New Jersey Supreme Court has agreed to review a group of Garden State hospitals' challenge to a state law provision requiring hospitals to treat patients regardless of the patient's ability to pay, according to a court order.
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November 05, 2024
Justices Probe HHS 'Dish' Payment Impact On Rural Hospitals
The U.S. Supreme Court on Tuesday grappled with whether a change to a formula used to calculate billions of dollars in payments every year to hospitals treating a large share of low-income patients would lead to shutdowns of rural and "safety net" hospitals.
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November 05, 2024
Spousal Work Permit Rule Doesn't Need Rethink, Feds Say
The government urged the DC Circuit to deny a full panel hearing to a group of ex-information technology workers challenging a visa work rule, saying the workers hadn't shown that the rule exceeds the U.S. Department of Homeland Security's authority.
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November 05, 2024
Georgia Man To Appeal Concrete Bid-Rigging Conviction
A Georgia man who, alongside his brother, was found guilty this summer of involvement in a scheme that fixed prices and rigged bids for tens of millions of dollars of ready-mix concrete contracts said Monday that he plans to appeal his conviction to the Eleventh Circuit.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Full 4th Circ. Asked To Hear Fraud Witness, Jury Issues
Two men convicted of investment fraud have asked the full Fourth Circuit to reconsider their appeal concerning a jury hidden from view of the public and accusers allowed to testify by deposition, saying a split panel blessed trial practices that were "unprecedented on multiple levels."
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November 04, 2024
Justices Revive Immigration Case In Light Of Loper Bright
The U.S. Supreme Court on Monday vacated a Second Circuit decision denying a Chinese national's appeal of an immigration judge's removal order, citing its recent Loper Bright decision overturning decades-old precedent instructing judges about when they could defer to federal agencies' interpretations of law in rulemaking.
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November 04, 2024
New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.
A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.
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November 04, 2024
Post-Chevron, DC Circ. Wrestles With At-Sea Monitoring Rule
A D.C. Circuit panel on Monday revisited a challenge to federal regulations requiring fishermen to fund the cost of compliance monitors aboard their ships, grappling with how to interpret the federal statute underlying the regulations following the demise of the Chevron deference.
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November 04, 2024
Lemon Law Doesn't Cover Used Cars, Calif. Justices Say
The California Supreme Court has overturned nearly 30 years of precedent and held that the state's lemon law does not cover used cars when the vehicle has an unexpired manufacturer's warranty, delivering a victory to automaker FCA that its attorney said would end thousands of potential lawsuits.
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November 04, 2024
FERC, NJ Conservation Orgs Battle Over Pipeline Rehearing
The Federal Energy Regulatory Commission is clashing with a host of conservation groups and the New Jersey Division of the Rate Counsel over whether the D.C. Circuit should reconsider a panel decision that vacated the agency's approval for a natural gas pipeline expansion on the East Coast.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Microsoft Wants To Weigh In On Google Play Store Challenge
Microsoft has asked the Ninth Circuit to allow it to file an amicus brief backing Epic Games in Google's challenge to an injunction requiring Google to open up its Play Store to competing app stores, arguing that the search giant's policies have prevented Microsoft from offering "mobile gaming experiences customers want."
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November 04, 2024
Exxon Keeps Win In Sand Blaster's Lung Disease Suit
A Texas state appeals court won't overturn a summary judgment freeing Exxon Mobil Corp. from a premises liability suit from a sandblaster alleging that he developed fibrosis in his lungs while working at an Exxon facility, saying the trial court rightly excluded his experts as unreliable.
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November 04, 2024
Colo. AG Underestimates Tenants, Rental Home Group Says
A trade group has argued that Colorado's attorney general views tenants as "unsophisticated consumers" when he told the state Supreme Court that a group of tenants should be able to sue Blackstone subsidiaries over lease terms exchanging maintenance work for a rent discount.
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November 04, 2024
Yale Gets 2nd Circ. Win In COVID Test Reimbursement Row
A Connecticut medical practice can't sue Yale University under federal legislation enacted during the COVID-19 pandemic to recover the $1.1 million it said it incurred while providing COVID testing to university health plan members, the Second Circuit ruled Monday, finding no private cause of action existed.
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November 04, 2024
Colo. Justices Say Expert Testimony OK Without Formalities
The Colorado Supreme Court held Monday that the formal offer and acceptance of an expert isn't required for that expert's testimony to be admissible, finding in a published opinion that there's no actual state requirement for courts to use such a practice.
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November 04, 2024
DC Circ. Won't Block Coal Ash Rule During Challenge
The D.C. Circuit has denied East Kentucky Power Cooperative Inc.'s effort to block the implementation of a U.S. Environmental Protection Agency rule that strengthened the federal regulations requiring safe management of coal ash dumped at operating and retired power plants.
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November 04, 2024
High Court Questions If False Claims Act Covers FCC's E-Rate
Multiple justices seemed unconvinced Monday that the federal government plays such a limited role in requiring companies to pay fees for supporting telecom subsidies in schools that it can't seek to recover excess payouts from the fund under the False Claims Act.
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November 04, 2024
9th Circ. Revives Developer's Fire Loss Coverage Suit
The Ninth Circuit revived a company's claim for lost business income after its laundromat development project was destroyed in a fire, saying Monday in an unpublished opinion that the developer's claim is not unduly speculative.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight
A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Key Insurance Implications Of Hawaii's Historic GHG Ruling
In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.