Appellate

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints, and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Lifetime Beats Order That Blocked Airing Wendy Williams Doc

    A New York state appellate court on Friday gave Lifetime the green light to air its docuseries on talk show host Wendy Williams, finding that a temporary restraining order that would have blocked the series' Feb. 24 premiere was a violation of the First Amendment.

  • February 23, 2024

    Netflix, Hulu Don't Owe Franchise Fees, Calif. Panel Rules

    Netflix and Hulu have again beaten a proposed class action from a California city claiming the streaming providers should be regulated like cable companies and pay franchise fees to localities, with a state appeals court ruling the city had no right to private action under a 2006 statute.

  • February 23, 2024

    Miss. High Court Won't Axe Liver Failure Wrongful Death Suit

    The Mississippi Supreme Court reinstated wrongful death claims brought by the widow of a driver who suffered injuries in an auto crash but died due to liver failure after being prescribed acetaminophen, finding that the question of whether his death was foreseeable is one for the jury to decide.

  • February 23, 2024

    Yes, Justices Mainly Use Arguments To Talk To Each Other

    U.S. Supreme Court Justice Sonia Sotomayor confirmed Friday a common complaint from attorneys who've argued in front of her and her eight colleagues: The justices are most definitely using their questions at oral arguments to talk to each other, not the lawyers.

  • February 23, 2024

    Restaurants Blast 'Fatal Flaws' In Chicken Price-Fix Deal

    Boston Market and other restaurants objecting to Simmons Foods' $8 million chicken price-fixing settlement with direct purchasers say the Seventh Circuit should unwind the deal because it improperly releases bid-rigging claims for no consideration and turns the massive two-track case on its head.

  • February 23, 2024

    Gov.'s Romantic Ties To Top Court Pick May Spark Recusals

    Massachusetts Gov. Maura Healey's selection of a former romantic partner to serve on the state's Supreme Judicial Court could be grounds for the justice to recuse herself from certain cases, though those scenarios would be relatively rare, legal ethics experts told Law360.

  • February 23, 2024

    DC Appeals Panel Receptive To Ex-DOJ Atty's Subpoena Fight

    A D.C. Court of Appeals panel on Friday appeared open to former U.S. Department of Justice attorney Jeffrey Clark's request that the court reconsider enforcing a subpoena from the D.C. bar's disciplinary counsel pursuing ethics charges against Clark for his alleged role in promoting Donald Trump's false election fraud narrative.

  • February 23, 2024

    MV Realty Asks NC Justices To Stay Injunction Pending Appeal

    MV Realty is defending the enforceability of a series of agreements with more than 2,000 North Carolina homeowners — asking the state's Supreme Court to overturn a trial judge's injunction finding the company likely couldn't beat claims that the deals were truly predatory, high-interest loans.

  • February 23, 2024

    4th Circ. Won't Rethink Adviser's Defamation Coverage Denial

    A Fourth Circuit panel declined to reconsider its decision that an investment adviser is not owed coverage under her firm's professional liability policy for an underlying defamation lawsuit.

  • February 23, 2024

    9th Circ. Says Asylum Rightly Denied Over UK Assault Record

    The Ninth Circuit on Friday ruled that a noncitizen was ineligible for asylum, finding reliable the U.S. Department of Homeland Security's evidence that he had sexually assaulted minors while living in the United Kingdom.

  • February 23, 2024

    Idaho Blasts 'Abortion Mandate' In High Court State Ban Fight

    The Idaho attorney general has accused the federal government of transforming an emergency medical care law into an "abortion mandate" in a U.S. Supreme Court case pitting the state's criminal ban against the Biden administration's efforts to maintain abortion access post-Dobbs.

  • February 23, 2024

    8th Circ. Says Nursing Home Fraudster Owes Supplier $7.6M

    A nursing home company whose owner pled guilty in January to employment tax fraud in a New Jersey federal case must shoulder a $5 million judgment plus interest and fees for bills it failed to pay a medical supply company, an Eighth Circuit panel affirmed Friday.

  • February 23, 2024

    Texas Justices Clear Union Pacific, Landowner In Crash Suit

    The Texas Supreme Court on Friday threw out negligence claims against Union Pacific Railroad Co. in a suit over a fatal crash at a railroad crossing, saying the evidence does not support the plaintiffs' contention that the crossing was "extra-hazardous" to the point that a prudent driver couldn't safely cross without additional warnings.

  • February 23, 2024

    5th Circ. Won't Revive Mississippi Plane Crash Suit

    The Fifth Circuit has affirmed a Mississippi federal judge's decision dismissing claims by an airplane pilot who was severely injured in a crash, ruling that a lower court was right to dismiss the case on jurisdictional grounds.

  • February 23, 2024

    Conn. Justices OK $2.9M Cut To Power Co.'s Cost Recovery

    Connecticut's highest court on Friday held that state energy regulators properly trimmed a power company's annual cost recovery bid by more than $2.86 million, agreeing with a lower court that it was not arbitrary or capricious to decline to pass the expense to customers.

  • February 23, 2024

    Travelers Can't Duck Payout In Warehouse Fire Reversal

    A New York federal court has rejected Travelers' bid for additional discovery in a coverage dispute involving a textile importer whose goods were destroyed in a warehouse fire, after the Second Circuit vacated the insurer's early win in December and remanded for a judgment in the importer's favor.

  • February 23, 2024

    J&J Unit Assails Knee Replacement IP Verdict At Fed. Circ.

    Johnson & Johnson subsidiary DePuy Synthes wants the Federal Circuit to undo a $20 million jury verdict against it for infringing an orthopedic surgeon's knee replacement patent.

  • February 23, 2024

    Balloon Co. Blew Up Appeal Of Fraud Verdict, 1st Circ. Says

    A bid from the owner of a defunct balloon company to set aside an already-reduced jury award won't fly, the First Circuit has concluded, finding that the company's own acknowledgment about transferred funds "dooms their appeal."

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    VA Nixes Trans Vets' Request For Gender-Affirming Surgery

    The Department of Veterans Affairs said Thursday that it had formally rejected an 8-year-old petition for rulemaking by the Transgender American Veterans Association that sought to add gender-affirming surgery as part of VA-covered medical services, urging the Federal Circuit to toss TAVA's mandamus petition as moot.

  • February 23, 2024

    Feds Back ICE Contractor In 9th Circ. Detainee Wage Fight

    The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.

  • February 23, 2024

    New 'Varsity Blues' Judge Should Hear Plea Redo, Parent Says

    A former television executive looking to have her guilty plea wiped out in the "Varsity Blues" college admissions case asked Friday for a different judge, arguing that U.S. District Judge Nathaniel M. Gorton's "incorrect" ruling is the basis for her motion to vacate her conviction.

  • February 23, 2024

    US Gun Cos. Seek Time For Justices' Input On Mexico's Suit

    Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.

  • February 23, 2024

    9th Circ. Upholds NLRB's Refusal To Bargain Order

    A Los Angeles restaurant illegally refused to bargain with a UNITE HERE local, the Ninth Circuit ruled, supporting the National Labor Relations Board's determination that the company couldn't avoid liability for a federal labor law violation by raising the COVID-19 pandemic as an excuse.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

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    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

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