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Appellate
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November 05, 2024
1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars
A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.
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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.
Expert Analysis
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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.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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What To Expect As Worker Bias Suit Heads To High Court
The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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Can SEC's Consolidated Audit Trail Survive Post-Chevron?
The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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11th Circ. Kickback Ruling May Widen Hearsay Exception
In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.