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Appellate
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January 30, 2025
Telephone Co. Workers Ask 8th Circ. To Revive 401(k) Fee Suit
Two workers urged the Eighth Circuit to revive their proposed class action claiming a telephone and data company allowed their $1.3 billion 401(k) plan to be overcharged with excessive fees, arguing the lower court held their claims to a high bar unsupported by circuit precedent.
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January 30, 2025
Ky. Clerk Asks 6th Circ. To Ax $100K Marriage License Verdict
A Kentucky clerk who refused to issue marriage licenses to couples in protest of the legalization of same-sex marriage asked the Sixth Circuit on Thursday to toss damages awarded to one couple for emotional distress, citing insufficient evidence and invoking free speech protections.
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January 30, 2025
Panel Passes On Snowboarder's Version Of Ski Waiver Ruling
A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.
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January 30, 2025
Wash. Justices Won't Apply SLAPP Law In Newspaper Case
Washington's highest court revived a former sheriff's sergeant's defamation suit against a local newspaper owner over a story about him, recognizing on Thursday the publishing company can't be shielded from the case by a state statute safeguarding free speech because the original suit was filed before the law took effect.
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January 30, 2025
EPA Says Okla. Must Give Tribes Say In Enviro Policies
Oklahoma must work with its tribal nations in administering dozens of environmental polices, the U.S. Environmental Protection Agency has said in a decision modifying a previous order that allowed the Sooner State full regulatory authority over the majority of Indian Country.
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January 30, 2025
Takeaways From Jack Daniel's Latest Dog Toy Win
Jack Daniel's won the latest round last week in its long-running legal battle against the maker of a squeaky, poop-themed dog toy that mimics the whiskey maker's famous bottles, with an Arizona federal judge ruling that VIP Products' parody tarnishes Jack Daniel's brand by associating it with feces.
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January 30, 2025
Split 5th Circ. Clears Insurers In $2.7M Flood Row
A split Fifth Circuit panel upheld a ruling finding that a general contractor and others cannot recover $2.7 million from insurers for water damage, because the flood deductible in the applicable builder's risk policy exceeded the claimed losses.
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January 30, 2025
6th Circ. Wonders If Trump NLRB Shake-Up Moots Memo Suit
Sixth Circuit judges wrestled Thursday with what to do with a legal challenge to a memo penned by the National Labor Relations Board's former general counsel given her recent firing and expected shifts in the agency's policy direction under President Donald Trump.
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January 30, 2025
Telecom Loses $23M Pa. Tax Case Over Private Line Services
A telecommunications company is liable for $23 million in gross receipts tax assessed on its services' fees because the private line services it contested were not exempt, the Pennsylvania Commonwealth Court held.
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January 30, 2025
Greenberg Traurig Beats Suit From 'Vexatious Litigant' Attorney
A Florida state appeals court upheld the dismissal of an attorney's lawsuit against Greenberg Traurig PA over its handling of a complaint against him on behalf of the Florida Bar.
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January 30, 2025
1st Circ. Backs Hospital's Win In Fired Nurse's Vax Bias Suit
The First Circuit backed a Boston hospital's defeat of a Christian nurse's lawsuit claiming she was fired for refusing to get vaccinated against COVID-19, finding she couldn't overcome the medical center's argument that letting her skip the jab would have been too risky.
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January 30, 2025
Beasley Firm Must Face Ex-Client's Suit Over Med Mal Claim
A New Jersey appellate panel on Thursday reinstated a legal malpractice lawsuit accusing The Beasley Firm LLC of mishandling a medical malpractice lawsuit, saying the trial court erred in granting summary judgment to the law firm.
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January 30, 2025
2nd Circ. Backs Valentino $200K Award In Copyright Feud
The Second Circuit on Thursday affirmed the enforcement of a Milanese arbitral award favoring Italian luxury fashion house Valentino following a copyright dispute with a New York-based designer, agreeing with a lower court that the parties' contract delegated jurisdictional questions to an arbitrator.
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January 30, 2025
SCOTUSblog Publisher Can't Shield Home From Forfeiture
SCOTUSblog publisher Tom Goldstein won't be able to shield his Washington, D.C., residence from forfeiture by substituting various properties in South Carolina as he battles charges that he dodged taxes and used his law firm's money to pay off gambling debts.
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January 30, 2025
Mass. High Court Backs Insurers' Lost Resale Value Exclusion
Language in Massachusetts auto insurance policies limiting coverage to "tangible losses" lets MAPFRE Insurance subsidiary Commerce and other companies off the hook for claims based on lost resale value after an accident, the state's highest court said on Thursday.
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January 30, 2025
Calif. Court Says Late Arbitration Fees Keep Bias Suit In Court
A California-based security company can't kick a former supervisor's employment discrimination lawsuit back to arbitration, a state appeals panel ruled, saying a state statute letting suits return to court if arbitration fees are paid late wasn't usurped by federal law.
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January 30, 2025
Gov't Urges High Court To OK 2nd 'Buffalo Billion' Trial
The federal government asked the U.S. Supreme Court to clear the way for a second trial in a public corruption case tied to former New York Gov. Andrew Cuomo's "Buffalo Billion" development initiative, saying prosecutors should be allowed to pursue charges under a different theory after the justices undid the original convictions.
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January 30, 2025
Pa. Pot Panels Not 'Arbitrary' In Assigning Different Scores
A Pennsylvania appeals panel rejected a petition from a dispensary owner who challenged the state Department of Health's denial of one of his applications, finding the DOH wasn't arbitrary just because two of his proposed locations received different scores on their identical applications.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Fed. Circ. Affirms Delaying Biosimilars For Regeneron's Eylea
A West Virginia federal judge has the power to oversee patent infringement litigation against drugmakers from South Korea and Germany and stop them from launching biosimilar versions of Regeneron's blockbuster eye disease treatment Eylea, the Federal Circuit said Wednesday.
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January 29, 2025
Ferrari Exits Fla. Driver's Brake Defect Suit Due To Jurisdiction
A race car driver who suffered life-altering injuries when the Ferrari 458 Challenge he was driving crashed into a concrete wall can't sue Ferrari in state court, a Florida state appeals court panel ruled Wednesday, saying the courts do not have jurisdiction over the Italian automaker.
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January 29, 2025
Apple Will Appeal Denial Of Bid To Defend Google Search Deal
Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.
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January 29, 2025
4th Circ. Mulls If Tossing No-Poach Suit Rewards Bad Behavior
As the Fourth Circuit mulled the idea of reviving a proposed class action accusing military shipbuilding contractors of agreeing not to poach each other's engineers, one judge rebuffed the idea that the suit had no legs because there were no specific allegations of fraudulent concealment.
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January 29, 2025
Court Garbled Pharma Owner's Fraud Charges, 6th Circ. Told
An Ohio district court misrepresented healthcare fraud charges against a pharmaceutical salesman to a jury, his attorney argued Wednesday before the Sixth Circuit, calling for the court to overturn his 2023 conviction and subsequent restitution order to pay $7 million to the IRS.
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January 29, 2025
$17M Punitive Award Reversed In Miami Hotel's Noise Suit
A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.
Expert Analysis
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.