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Appellate
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October 04, 2024
DC Circ. Wary Of Ga. Voting Ruling's FOIA Impact
A D.C. Circuit panel seemed concerned Friday with the practical implications of a trial court's holding that the Freedom of Information Act compels the disclosure of the U.S. Department of Justice's communications with private co-litigants in lawsuits challenging a controversial Georgia voting law.
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October 04, 2024
High Court Nuclear Case Could Be Admin Law Blockbuster
By agreeing to consider the federal government's authority to license temporary nuclear waste storage facilities, the U.S. Supreme Court can ease the uncertainty facing a resurgent U.S. nuclear industry as well as clarify limits it's recently placed on federal agency power, experts say.
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October 04, 2024
DOL Urges 11th Circ. To Back Arbitration Denial In ESOP Row
The U.S. Department of Labor urged the Eleventh Circuit to reject arbitration in a proposed class action alleging a legal technology firm undervalued company shares when it shut down its employee stock ownership plan, arguing that the arbitration provision clashed with federal benefits law.
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October 04, 2024
High Court Bar's Future: Jenner & Block's Adam Unikowsky
In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."
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October 04, 2024
Enviro Group Drops EPA Fight Over Colo. Refinery Permit
The Center for Biological Diversity agreed to end its Tenth Circuit challenge to the U.S. Environmental Protection Agency's refusal to object to a series of state permit changes for a Denver-area oil refinery, according to a Friday court filing.
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October 04, 2024
Denver Charity Drops Fraudulent Grant Coverage Fight
A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.
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October 04, 2024
DC Circ. Won't Pause EPA's Iron Plant Rule
A D.C. Circuit panel rejected bids by U.S. Steel Corp. and Cleveland-Cliffs Inc. to stay a U.S. Environmental Protection Agency rule setting emissions standards for their taconite iron ore processing facilities.
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October 04, 2024
Fed. Circ. Revives Boeing Contractual Cost Accounting Case
The Federal Circuit on Friday revived Boeing's suit claiming the Defense Contract Management Agency wrongly adjusted contractual cost claims using a regulation that clashes with a federal cost accounting statute, finding the case was essentially a contract dispute and not a disallowed regulatory challenge.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Panel Agrees Atty 'Acted Incompetently' In Filing Slipup
Connecticut's Statewide Grievance Committee had clear and convincing evidence that civil litigation attorney John W. Mills of Mills & Cahill LLC acted incompetently in failing to name his client's business as a plaintiff in a lawsuit against her accountant's estate or provide proof of her individual damages, a state appellate panel ruled Friday.
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October 04, 2024
7th Circ. Backs Class Decertification In Unpaid Wages Dispute
The Seventh Circuit declined to upend an order decertifying a class of satellite technicians who accused their employer of shorting them on overtime wages, agreeing that class treatment is improper because of the myriad differences between workers.
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October 04, 2024
NY Appeals Court Won't Trim Sex Abuse Coverage Dispute
A New York state appeals court upheld a lower court's ruling declining to dismiss The Rockefeller University's claims that its insurers acted in bad faith and conducted deceptive trade practices while handling the university's coverage request for underlying allegations of sexual abuse.
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October 04, 2024
5th Circ. Names Judge Behind Abortion Pill Ruling As New Chief
U.S. Circuit Judge Jennifer Walker Elrod became chief judge of the Fifth Circuit on Friday, rising to the top of the appellate court after a nearly two-decade tenure there marked by high-profile decisions on abortion medication and gun regulations.
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October 04, 2024
NJ Court Removes Judge Who Admitted Sex Harassment
The New Jersey Supreme Court has removed a municipal judge and barred him from holding judicial office in the state again after accusations that he sexually harassed female court staff members after becoming drunk at an office party.
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October 04, 2024
Colo. Attys May Release Files Without Waiving Lien On Clients
A Colorado appellate panel has found that attorneys who hold liens on documents due to unpaid client bills will not waive their rights to enforcement if they release certain files, issuing a precedential opinion designed to help trial courts determine when such liens are enforceable and when they might be lifted.
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October 04, 2024
Justices Accept Ex-Chicago Alderman's False Statement Case
The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.
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October 04, 2024
Justices Won't Block EPA Methane Control Rule
The U.S. Supreme Court on Friday rejected pleas by Republican-led states and fossil fuel industry groups to block implementation of an Environmental Protection Agency rule strengthening methane emissions control requirements for oil and gas infrastructure.
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October 04, 2024
Justices Won't Freeze EPA's Mercury Rule During Challenge
The U.S. Supreme Court on Friday allowed the U.S. Environmental Protection Agency to implement its recent rule strengthening mercury air emission standards while red states' and fossil fuel groups' challenges proceed at the D.C. Circuit.
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October 04, 2024
Justices Take Up Fight Over $1.3B Failed Satellite Deal
The U.S. Supreme Court agreed Friday to hear a pair of cases asking it to clarify the analysis of a highly technical jurisdictional question, as shareholders of an Indian satellite communications company look to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.
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October 04, 2024
High Court To Weigh In On Halliburton Worker's Age Bias Suit
The U.S. Supreme Court agreed Friday to wade into an age discrimination lawsuit from a former Halliburton employee who said his case was wrongly shut down when the Tenth Circuit ruled a trial court lacked the power to reopen it following arbitration.
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October 04, 2024
High Court Will Hear Mexico's Suit Against Gun Cos.
The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.
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October 04, 2024
Justices Take Up Cornell University Workers' ERISA Fight
The U.S. Supreme Court agreed Friday to hear Cornell University employees' push to revive a class action alleging their retirement plan was mismanaged, giving the high court a chance to weigh in on the pleading standards for a prohibited transaction claim under the Employee Retirement Income Security Act.
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October 04, 2024
Justices Take Up Straight Worker's Demotion Bias Suit
The U.S. Supreme Court said Friday it will review a discrimination lawsuit by a former Ohio Department of Youth Services worker claiming she was denied a promotion and then demoted for being heterosexual while LGBTQ candidates were advanced.
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 04, 2024
High Court Will Hear TCPA Case Over Online Junk Faxes
The U.S. Supreme Court said Friday it will review whether district courts must follow a Federal Communications Commission ruling that the Telephone Consumer Protection Act does not prohibit junk faxes that are received only via electronic inboxes.
Expert Analysis
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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How 3 Recent High Court Rulings Could Shape Fintech Policy
The U.S. Supreme Court's recent decisions in Jarkesy, Loper Bright and Corner Post provide fintech companies with new legal strategies to challenge regulatory actions, but agency reactions to these rulings and inconsistent judicial interpretations could bring compliance challenges and uncertainties, says Amy Whitsel at FS Vector.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Series
After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: What Loper Bright Portends For The NLRB
While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.