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Appellate
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November 08, 2024
NC Forest Service Workers Defend OT Wage Suit Win
A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.
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November 08, 2024
9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal
A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.
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November 08, 2024
Kentucky Utility Asks High Court To Stay EPA Coal Ash Rule
A Kentucky electric utility called on the U.S. Supreme Court to halt the U.S. Environmental Protection Agency's rule strengthening federal regulations requiring safe management of coal ash dumped at operating and retired power plants, while it appeals the D.C. Circuit's refusal to block the rule.
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November 08, 2024
'Love Is Blind' Producer Urges Arbitration For Assault Case
A producer behind the Netflix reality show "Love Is Blind" has asked the Texas Supreme Court to send a former contestant's sexual assault suit to arbitration, arguing that her allegations do not apply to a federal act that invalidates arbitration agreements victims enter into before allegations are made.
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November 08, 2024
Mich. Court Of Claims Defeats Constitutional Challenge, Again
The Sixth Circuit has rejected Michigan residents' attempt to reopen what the panel called a centuries-old debate about the constitutionality of judges reviewing their colleagues' opinions, upholding the dismissal of residents' claims their lawsuits suffered because of appellate judges' hesitance to disagree with each other.
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November 08, 2024
5th Circ. Remands Texas Social Media Law Challenge
The Fifth Circuit remanded to the district court a challenge to Texas' social media law prohibiting platforms from employing certain content moderation practices, ruling that the record on the case is still too undeveloped to resolve.
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November 08, 2024
Attys Ask 11th Circ. To Affirm Arbitration Denial In ERISA Case
The American Association for Justice has urged the Eleventh Circuit to find that a legal technology company's arbitration clauses are unenforceable, arguing that the company should face workers' Employee Retirement Income Security Act suit in court.
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November 08, 2024
Mass. Auditor Ready For Beacon Hill Oversight Rumble
The Massachusetts state auditor told Law360 she's ready to scrap with Beacon Hill over expansive new powers that a majority of voters handed her office to scrutinize the legislature, a constitutional clash that seems destined for the state's highest court.
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November 08, 2024
Gov't Union Continues Organizing Push For DOJ Attys
Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.
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November 08, 2024
NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief
The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.
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November 08, 2024
3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.
A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.
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November 08, 2024
Mass. Hay Farm Not Eligible For Ag Tax Break, Court Affirms
A Massachusetts land parcel that is used for growing and harvesting hay is not eligible for a reduced tax assessment as agricultural land because not enough of the parcel is devoted to the haying operation, the state Court of Appeals affirmed Friday.
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November 08, 2024
DC Judge Freezes Election Subversion Case Against Trump
A D.C. federal judge on Friday wiped out the schedule in the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, granting a postelection request from the special counsel's office prosecuting the case.
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November 08, 2024
Mass. Justices Order Return Of Failed Engagement Ring
Massachusetts' highest court on Friday told a jilted bride seeking to hold on to a $70,000 Tiffany diamond engagement ring that she must return it to her former fiancé, calling it quits on a 65-year-old precedent concerning who gets to keep a ring after a breakup.
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November 07, 2024
Man Gets 2 Yrs. For Illegally Accessing Ginsburg's Health Info
A former healthcare industry worker who was accused of illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records and posting them online was sentenced Thursday in Virginia federal court to two years in prison, the U.S. Department of Justice said.
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November 07, 2024
7th Circ. Affirms Warrantless Use of Surveillance Cameras
The Seventh Circuit is standing by its decision that putting a pole up to observe someone's home without a warrant doesn't trample their Fourth Amendment rights because it doesn't constitute a search.
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November 07, 2024
3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'
Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.
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November 07, 2024
Trans Patients Say Fla. Ban On Care Should Be Bias Tested
A proposed class of transgender individuals asking for the reversal of a ruling blocking Florida's ban on Medicaid coverage for gender-affirming care told the Eleventh Circuit on Wednesday that hostile discrimination analysis of statutes applies to classes beyond those recognized as "suspect" or "quasi-suspect."
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November 07, 2024
Fed. Circ. Questions Gov't Analysis For Omani Nail Duties
A Federal Circuit panel wrestled Thursday with an Omani steel nail producer's claims that the U.S. Department of Commerce used distorted data to calculate its anti-dumping duties, with judges contemplating whether the alleged agency error was an innocuous one.
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November 07, 2024
Flagstar Customer Asks 6th Circ. To Revive Overdraft Fee Suit
A Flagstar Bank customer has urged the Sixth Circuit to revive her class claims alleging the bank charged surprise overdraft fees, arguing that a Michigan district court failed to follow the "settled rules" dictating that ambiguous contract terms should be interpreted against the drafter.
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November 07, 2024
11th Circ. Affirms Judgment Against Fired Ga. Tech Coach
The Eleventh Circuit declined to revive longtime women's basketball coach MaChelle Joseph's discrimination and retaliation claims against Georgia Tech, concluding Thursday that Title IX does not provide an implied right of action for sex discrimination in employment.
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November 07, 2024
ACLU Asks 11th Circ. To Back Ga. Deputy's Trans Health Win
The full Eleventh Circuit shouldn't roll back a transgender deputy's win in her lawsuit challenging a Georgia county's refusal to pay for gender-affirmation surgery, the American Civil Liberties Union and legal groups argued Thursday, saying the U.S. Supreme Court's Bostock decision made clear that such policies violate federal law.
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November 07, 2024
9th Circ. Finds No Jurisdiction In LG Chem Battery Suit
The Ninth Circuit upheld the dismissal of a suit against LG Chem Ltd. over a lithium-ion battery used in an e-cigarette that allegedly burned a California man, finding that the lower court was correct in holding that it had no jurisdiction over the case.
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November 07, 2024
Fed. Circ. Questions Expert's Background In 4G Patent Case
A Federal Circuit judge suggested Thursday that the court might vacate a Patent Trial and Appeal Board decision partly invalidating a Sisvel 4G wireless patent challenged by Honeywell and others, saying the board relied on an expert who may not have the necessary qualifications.
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November 07, 2024
Net Neutrality Foes See 6th Circ. Clearing Path To End Rules
Recent arguments in the Sixth Circuit over the Federal Communications Commission's controversial net neutrality restrictions didn't give a definitive indication of how judges will decide the issue, but the rule's opponents are buoyed by questions that appeared at times to lean in their favor.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Anticipating Jarkesy's Effect On Bank Agency Enforcement
Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.
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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.