Appellate

  • March 04, 2024

    Calif. Justices Rule Fiat Can't Offset Lemon Law Restitution

    The California Supreme Court on Monday reversed a lower court ruling and held that Fiat Chrysler cannot deduct the trade-in value of a lemon vehicle from restitution the automaker owes a consumer under the state's Song-Beverly Consumer Warranty Act.

  • March 04, 2024

    5th Circ. May Uphold National Block On ACA Preventive Care

    The Fifth Circuit appeared open Monday to striking down Affordable Care Act requirements forcing insurers to cover a range of preventive treatments such as mammograms and HIV prevention medication, homing in on constitutional problems with how members of a task force setting coverage mandates were appointed.

  • March 04, 2024

    9th Circ. Affirms Forest Service Logging Plans In Calif.

    The Ninth Circuit on Friday upheld a U.S. Forest Service logging project in California's Los Padres National Forest that is designed to assist firefighters, rejecting environmentalists' argument that the plan runs afoul of the area's general logging prohibition.

  • March 04, 2024

    Split Calif. Panel Backs Drinking Water Regs On Oil Operators

    A split California appellate panel threw out a trial court ruling finding drinking water regulations put in place by the California Geologic Energy Management Division are invalid, saying, instead, the challenged regulations are consistent with the overall statutory scheme and supported by substantial evidence.

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

  • March 04, 2024

    11th Circ. Keeps Fla.'s Workplace Bias Training Law On Ice

    The Eleventh Circuit on Monday refused to let Florida start enforcing a law that prevents employers from requiring workers to attend diversity trainings that promote various sex- and race-based concepts, rejecting the Sunshine State's assertion that it was regulating conduct, not speech.

  • March 04, 2024

    Colo. Justices To Weigh If Weekends Extend Filing Deadlines

    The Colorado Supreme Court said Monday that it will hear arguments over whether the final day to file lawsuits under the state's three-year statute of limitations for car crash personal injury cases rolls to the next business day when it falls on a weekend or holiday.

  • March 04, 2024

    Vax Refusal Doesn't Negate Benefits, Mass. Top Court Says

    Massachusetts' highest court ruled Monday that an employee's refusal of the COVID-19 vaccine for religious reasons can be grounds for dismissal, but not for stripping them of unemployment benefits.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Full 9th Circ. To Review Mormon Church Tithe-Misuse Suit

    The Ninth Circuit has voted for en banc review of a panel decision reviving claims against the Mormon Church brought by a former member who alleged its leadership used his tithes to finance commercial projects after promising they would not do so.

  • March 04, 2024

    3rd Circ. Says Union Courted Rebuke In NLRB Reversal

    A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.

  • March 04, 2024

    Thomas, Alito Say Campus 'Speech Police' Case Worth A Look

    U.S. Supreme Court Justices Clarence Thomas and Samuel Alito objected Monday to their colleagues' decision to dismiss as moot claims that Virginia Tech's now-defunct protocol for reporting controversial speech violated the First Amendment, arguing the court must decide whether universities can police student speech.

  • March 04, 2024

    States, Scholars Back Ex-NY Official In NRA Free Speech Suit

    States, scholars and public officials have urged the U.S. Supreme Court to reject the National Rifle Association's contention that a former New York state official violated the group's First Amendment rights.

  • March 04, 2024

    7th Circ. Keeps Bonefish Grill On Hook For Fall Suit

    The Seventh Circuit on Monday revived a woman's claim that she dislocated her hip after falling at an Illinois Bonefish Grill LLC restaurant, saying her repeated, certain assertion that she slipped on water is enough to defeat summary judgment.

  • March 04, 2024

    5th Circ. Says $100M Royalties Row Belongs In Fed. Court

    The Fifth Circuit has vacated a Texas federal court's remand of a $100 million suit in which a proposed class of mostly Texas property owners is accusing Devon Energy Production Co. of underpaying oil and gas royalties, ruling that the Class Action Fairness Act's "local controversy" exception does not apply.

  • March 04, 2024

    Feds' Lack Of Payments Hampers Services, Tribal Groups Say

    The National Congress of American Indians and tribes are urging the U.S. Supreme Court to uphold lower court rulings ordering the federal government to reimburse the San Carlos Apache and Northern Arapaho tribes for millions of dollars in administrative costs related to their delivery of health programs.

  • March 04, 2024

    Guard Deal Termination Appeal Came Too Late, Fed. Circ. Says

    The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.

  • March 04, 2024

    Deported Man Seeks Mass. Justices' OK For Zoom Retrial

    A man deported to the Dominican Republic due to convictions that were later vacated asked Massachusetts' high court on Monday for permission to log in via Zoom to the government's retrial of the same charges because there's no legal way for him to attend the trial physically.

  • March 04, 2024

    Vexatious Litigation Claims Can't Transfer, Conn. Court Says

    A construction supplier has no basis for vexatious litigation claims against multiple attorneys, much less a claim for early remedies from them, because the allegations are tied to the company's predecessor and current company can't pursue them, a Connecticut appeals court ruled Friday.

  • March 04, 2024

    Colo. Justices Censure Ex-Judge, Order Him To Pay Fees

    A former state court judge has been censured by the Colorado Supreme Court and ordered to pay nearly $5,000 in legal costs to a disciplinary board that recommended he be reprimanded for exploiting his judicial position for the benefit of his brother-in-law after an alleged domestic violence incident.

  • March 04, 2024

    Ban Lifted On Fed Courts' Admin Staff Engaging In Politics

    The administrative arm of the federal judiciary is allowing the majority of its workers to participate in political activity in their free time, responding to a 2022 D.C. Circuit ruling that prior restrictions were unconstitutional.

  • March 04, 2024

    Union Calls For Sanctions Against NLRB In 7th Circ. Dispute

    The National Labor Relations Board should face sanctions for claiming an International Union of Operating Engineers affiliate hadn't challenged the lawfulness of a punch-in policy for strike replacements, the union contended to the Seventh Circuit, saying the local raised arguments on this point during the agency proceeding.

  • March 04, 2024

    1st Circ. Grapples With Crypto Exchange Tax Docs Seizure

    First Circuit judges grappled Monday with an investor's claim that the IRS violated his privacy and property rights when it seized his account records from cryptocurrency exchange Coinbase, trying to establish during oral arguments to what extent the exchange was different from a traditional bank.

  • March 04, 2024

    Pa. Court Won't Unveil Votes In 2020 Election Info Fight

    An electronic database showing every vote in Lycoming County, Pennsylvania, is the digital equivalent of the "contents of a ballot box" and was therefore exempt from being released to members of the public seeking information on the 2020 election, a divided state appellate court ruled Monday.

  • March 04, 2024

    Fed. Circ. Revives Diaper IP Over 'Unsupported Assumptions'

    The Federal Circuit on Monday tossed Patent Trial and Appeal Board decisions that had found claims in Paul Hartmann AG's patents on adult diapers invalid in challenges brought by Attends Healthcare, holding that the board relied on "unsupported assumptions."

Expert Analysis

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • 10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation

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    By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

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    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

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    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

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    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

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