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Appellate
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January 29, 2025
Co.'s Missing Signature Prevents Arbitration In Wage Row
A former home sales representative for a cosmetics company can keep her wage suit in court, a California state appellate panel ruled, affirming a lower court's ruling that the company failed to show it had a valid arbitration agreement with the worker because it didn't sign the pact.
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January 29, 2025
9th Circ. Affirms Ax Of Patent Atty's Allergan FCA Fight
A Ninth Circuit panel on Wednesday affirmed the dismissal of a patent attorney's False Claims Act lawsuit alleging Allergan and Adamas Pharma fraudulently obtained patents to block generic competition for two Alzheimer's drugs, finding the information he disclosed was already publicly available and so his FCA claims are barred.
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January 29, 2025
Retailers Back Intel, OpenSky In VLSI IP Fight At Fed. Circ.
A retail trade association has urged the Federal Circuit to affirm the U.S. Patent and Trademark Office's decision not to throw out a challenge to a VLSI chip patent that ended up being invalidated, saying there was nothing wrong with allowing Intel to join the fight.
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January 29, 2025
Fla. Judge OKs Settlement In Energy Drink Co. Bankruptcy
A Florida federal bankruptcy judge on Wednesday approved a $3 million settlement in the bankruptcy case of Vital Pharmaceuticals Inc., the company that produces Bang Energy drinks, but declined to seal an agreement with an insurer over the costs of litigation in a Monster Energy Co. lawsuit.
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January 29, 2025
Rental Co. Urges NC Justices To Review Debt Deadline Ruling
A South Carolina real estate rental company urged the North Carolina Supreme Court on Tuesday to overturn a lower court's decision that the company missed the window to enforce a debt because the automatic stay triggered by the debtor's bankruptcy filing didn't toll the statutory 10-year period for the company to renew the judgment.
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January 29, 2025
Appeals Panel Ponders If NC Bar Can Disbar NY-Licensed Atty
A state appellate panel on Wednesday grappled with the North Carolina State Bar's jurisdiction when it comes to disciplining lawyers who aren't its members, questioning how the agency could disbar an immigration attorney who lives in the Tar Heel State but is licensed in New York.
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January 29, 2025
Jenzabar Tells Del. Justices Investor Delay Sinks $26M Award
An attorney for the founder of a higher education software company told Delaware's Supreme Court on Wednesday that shareholders moved too late to recover on claims they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice that they could invest in a follow-on opportunity.
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January 29, 2025
Japanese Candy Biz Loses Trademark Fight With Rival Seller
A Japanese candy exporter failed Wednesday to sway Federal Circuit judges to overturn a trademark board ruling as part of its fight with a rival company over who can use the Japanese word for "feudal lord" in order to sell candy.
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January 29, 2025
3rd Circ. Says DOE Pool Pump Rule Detractor Failed To Object
A Third Circuit panel unanimously denied on Wednesday a swimming pool pump manufacturer's challenge of the U.S. Department of Energy's conservation standards for pump motors, ruling that the company had waived its argument.
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January 29, 2025
2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge
The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.
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January 29, 2025
Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict
A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.
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January 29, 2025
DOT, Alaska Air Slam Frontier's Bid To Halt DCA Slot Award
The U.S. Department of Transportation and Alaska Airlines Inc. are urging the D.C. Circuit to reject Frontier Airlines' emergency bid to block Alaska Airlines from offering direct flights from Ronald Reagan National Airport, just outside Washington, D.C., to San Diego, saying that halting the service would benefit no one.
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January 29, 2025
Ga. Appeals Court Trims Atty Fee Award Under Settlement Law
A Georgia state appeals court on Wednesday mostly upheld a $1.7 million attorney fees award to a technology consulting business on the grounds that the man who brought the suit had rejected a $10,000 settlement offer in his dismissed fraudulent conveyance suit, but the panel said the fees must be recalculated to exclude appellate proceedings.
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January 29, 2025
Atty's Indictment DQs Firm From Retaliation Suit, Panel Told
A social worker suing New Jersey for retaliation told a state appeals court Wednesday that Brown & Connery LLP should be disqualified from representing the state, arguing the indictment of senior partner William Tambussi creates a conflict of interest for the firm.
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January 29, 2025
Ga. Appeals Panel Backs $657K Default Against Korean IT Co.
The Georgia Court of Appeals has declined to set aside a $657,000 default judgment entered against a South Korean technology firm that protested it was improperly served with the suit, ruling Tuesday that international law, rather than Georgia's, governs the procedure.
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January 29, 2025
9th Circ. Halts Calif. Social Media Addiction Law For Appeal
The Ninth Circuit stayed a slew of California limitations on social media platforms aimed at curbing addiction among young people, temporarily siding with a tech industry lobbying group arguing that the state law runs afoul of First Amendment speech protections.
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January 29, 2025
KPMG's US Law Firm Plan Still Under Review By Ariz. Justices
Accounting giant KPMG's bid to own a U.S. law firm remains unresolved after the Arizona Supreme Court held a scheduled meeting on the matter.
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January 29, 2025
Former LegalZoom Exec Must Arbitrate Discrimination Suit
A California appeals court on Tuesday reversed an order denying arbitration in a discrimination and wrongful termination case brought by LegalZoom's former head of corporate financial planning and analysis.
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January 29, 2025
Calif. Panel OKs Ax Of HR Worker's Bias Suit Against Proskauer
A California appeals court on Tuesday affirmed the dismissal of a human resources employee's discrimination and wrongful termination suit against her former employer and its outside counsel Proskauer Rose LLP and multiple attorneys, finding that the lower court didn't err in striking a belated amended complaint and refusing to let her re-file.
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January 29, 2025
Ex-Sen. Menendez Gets 11 Years For Bribes, Abuse Of Power
A Manhattan federal judge sentenced Robert Menendez to 11 years in prison on Wednesday after a jury convicted the former U.S. senator from New Jersey of engaging in a lengthy, million-dollar course of bribery and corruption, saying his crimes merit "serious consequences."
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January 29, 2025
India Asks High Court To Nix $1.3B Telecom Award
The Republic of India urged the U.S. Supreme Court to uphold a Ninth Circuit order that refused to enforce a $1.3 billion arbitral award against the commercial arm of its space agency, arguing that a lower court had baselessly said that India held control over the division.
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January 29, 2025
Philip Morris Owed $11M Refund After NC High Court Ruling
Philip Morris USA Inc. is owed a tax refund of more than $11 million following a state Supreme Court ruling clarifying North Carolina's $6 million cap on cigarette export tax credits, a state Business Court judge has said.
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January 29, 2025
Workers Needed To Initiate Arbitration, Calif. Panel Says
A group of workers needed to initiate arbitration in their proposed class action claiming an insurance company misclassified them as exempt employees after a trial court sent their claims out of court, a California state appellate panel ruled, flipping the lower court's decision reviving the suit.
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January 29, 2025
Trump Taps Sullivan & Cromwell For NY Hush Money Appeal
President Donald Trump tapped a new legal team to handle the appeal of his hush money conviction, filing a notice on the New York state court docket Wednesday signed by a team of Sullivan & Cromwell LLP attorneys.
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January 29, 2025
Feds Drop Appeal In Trump Classified Info Case
Federal prosecutors told the Eleventh Circuit on Wednesday they are dropping the prosecution of President Donald Trump's former co-defendants for the allegedly illegal retention of classified documents at Trump's Mar-a-Lago estate.
Expert Analysis
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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.
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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.