Appellate

  • May 09, 2024

    Industry Orgs Urge DC Circ. To Ax HUD Disparate Impact Rule

    Several industry associations are backing a D.C. Circuit challenge to a U.S. Department of Housing and Urban Development rule governing disparate impact claims under the Fair Housing Act, contending the federal agency exceeded its powers and ignored Supreme Court precedent in issuing the regulation.

  • May 09, 2024

    Wash. Justices Say HR Managers Can Accept Service For Co.

    The Washington State Supreme Court ruled on Thursday that a human resources manager is classified under state law as someone who can receive service on a company's behalf, siding with a personal injury plaintiff in a lawsuit against an Evergreen State nursing home.

  • May 09, 2024

    11th Circ. Urged To Reconsider Ruling In Cancer Cluster Case

    A group of Florida families asked the Eleventh Circuit on Thursday to reconsider its decision affirming a jury verdict that found defense contractor Pratt & Whitney was not liable for a cancer cluster near the company's former rocket testing site, arguing that the panel affirmed a legally deficient verdict form.

  • May 09, 2024

    High Court Leaves Discovery Rule Question For Another Day

    The U.S. Supreme Court's majority opinion Thursday that plaintiffs in copyright ownership disputes can recover damages past the three-year statute of limitations could lead to an increase in claims for infringing acts that occurred decades before, while leaving uncertainty about whether the so-called discovery rule that widened the time window for claims even exists, according to attorneys.

  • May 09, 2024

    Fed. Circ. Judge 'Baffled' By Gov't Args In Boeing Costs Case

    An exasperated Federal Circuit judge on Thursday tore into the government's contention that a disputed cost accounting regulation has no bearing on Boeing's claim that the defense contractor was wrongly barred from offsetting multiple simultaneous accounting changes against each other.

  • May 09, 2024

    Justices Asked To Weigh In On $1.3B India Award Fight

    Shareholders of an Indian satellite communications company are pressing the U.S. Supreme Court to clarify the analysis of a highly technical jurisdictional question as they look to revive their bid to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.

  • May 09, 2024

    9th Circ. Revives Northrop Retirees' Putative Class Action

    The Ninth Circuit on Thursday once again resurrected a proposed class action accusing Northrop Grumman of misinforming retirees about their pension benefits, ruling that the retirees have plausibly alleged that they received inaccurate benefit statements.

  • May 09, 2024

    Houston Firm Can't Escape Litigation Funder's $2M Loan Suit

    A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.

  • May 09, 2024

    Denver Firm Gets $1.4M Fee For Elijah McClain Settlement

    A Colorado appellate court Thursday partially reversed a lower court decision awarding roughly $3.1 million to a Denver firm for its work on behalf of Elijah McClain's family in connection with a $15 million federal litigation settlement, ruling that the firm is only entitled to about $1.4 million.

  • May 09, 2024

    3rd Circ. Tears Up Pa. Town's 'Crazy Quilt Of A Sign Ordinance'

    The Third Circuit backed a lower court's decision Thursday holding that a Pennsylvania town's sign ordinance violated the First Amendment by restricting what "personal expression signs" can be posted based on their content — a precedential victory for local Republicans who challenged the rule.

  • May 09, 2024

    Sens. Press Colleagues For Public Defender Funding

    Sen. Peter Welch, D-Vt., a former public defender, led a letter Thursday to Senate appropriators calling for the federal public defender program to receive its full funding request for the upcoming fiscal year. 

  • May 09, 2024

    Fed. Circ. Skeptical Allergan Illegally Extended Exclusivity

    A Federal Circuit panel seemed doubtful Thursday that a patent covering Allergan's bowel treatment drug Viberzi should have its life cut short based on the expiration date of related patents, in oral arguments over obviousness-type double patenting.

  • May 09, 2024

    6th Circ. Judge Doubts GM Drivers Can Revive Emissions Suit

    A Sixth Circuit judge suggested Thursday that drivers are second-guessing a U.S. Environmental Protection Agency stamp of approval with their claims that General Motors marketed its Chevrolet Silverado and GMC Sierra vehicles as more eco-friendly than they really were.

  • May 09, 2024

    4th Circ. Chides Insurer For Bid To Escape $5.8M Payout

    A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.

  • May 09, 2024

    AT&T Appeals $57M Fine For Selling Customer Location Data

    AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."

  • May 09, 2024

    Lynk Labs Says Tech Group Is Samsung's 'Mouthpiece'

    Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.

  • May 09, 2024

    Red States, Electric Co-Ops Challenge EPA Power Plant Rules

    Twenty-seven Republican-led states and the National Rural Electric Cooperative Association called on the D.C. Circuit Thursday to unravel the U.S. Environmental Protection Agency's new source performance standards for greenhouse gas emissions from fossil fuel-fired electric generating units.

  • May 09, 2024

    6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling

    A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.

  • May 09, 2024

    Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides

    A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.

  • May 09, 2024

    NFL Player-Turned-Atty Can't Appeal After Contempt Deal

    An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.

  • May 09, 2024

    Visa Lottery Winners Urge DC Circ. To Finish 2-Yr-Old Review

    Attorneys for thousands of diversity visa winners urged the D.C. Circuit to finish reviewing stayed orders mandating the visas' release, saying many clients are losing hope of coming to the U.S.

  • May 09, 2024

    EPA Defends Factory Farm Water Pollution Regs At 9th Circ.

    The U.S. Environmental Protection Agency on Wednesday urged the Ninth Circuit to toss green groups' lawsuit seeking to revive their petition for new, stronger Clean Water Act regulations for large animal feeding facilities.

  • May 09, 2024

    Calif. Atty Wins Ruling To Pursue YouTube Defamation Suit

    A California state appeals court has revived an Orange County attorney's defamation suit over comments made in a YouTube video regarding her father's affiliation with the Vietnamese Communist party.

  • May 09, 2024

    3rd Circ. Judge Jordan To Retire In January 2025

    Judge Kent A. Jordan will retire from the U.S. Court of Appeals for the Third Circuit next year after serving on that bench for nearly two decades, Law360 has learned.

  • May 09, 2024

    6th Circ. Nominee Sparks Debate Over Blue Slips

    Four judicial nominees were approved by the Senate Judiciary Committee on Thursday, including a Sixth Circuit nominee who has come under fire from Republicans for ethics accusations and whose nomination sparked a larger debate about the lack of blue slips for appellate nominees.

Expert Analysis

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

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    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Why Preemption Args Wouldn't Stall Trump Hush-Money Case

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    With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.

  • Golf Course Copyright Bill Implications Go Beyond The Green

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    A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

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    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Opinion

    9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases

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    The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Opinion

    High Court Should Endorse Insurer Standing In Bankruptcy

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    In Truck Insurance Exchange v. Kaiser Gypsum, the U.S. Supreme Court will examine bankruptcy standing doctrine as applied to insurers in mass tort cases, and should use the opportunity to eliminate spurious standing roadblocks to resolving insurer objections on their merits, says Frank Perch at White and Williams.

  • High Court Social Media Speech Ruling Could Implicate AI

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    In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

  • Justices' Trump Ballot Ruling: Purposivism In Textualist Garb

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    The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.

  • Disney Copyright Expiration Spurs Trademark Questions

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    While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

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