Appellate

  • February 12, 2024

    Fla. High Court Won't Expedite Redistricting Challenge

    The Florida Supreme Court on Monday refused to expedite the appeal of a new congressional district map that voting groups say eliminated a majority Black voting district and violates the state constitution.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    Oil Co. Can't Get New Injury Trial With Video Evidence

    A Texas appeals court declined Friday to let National OilWell Varco LP get a redo in a trial that resulted in a $520,000 injury verdict against it, finding that the trial court was right to exclude video evidence that was disclosed well past the discovery deadline.

  • February 12, 2024

    Flyers Urge 9th Circ. To Vacate Price-Fixing Deal Disbursement

    A secondary disbursement from a $104 million settlement fund in long-running airline price-fixing litigation was wrongly sent to class members who received a first-round share without emailing class members who had not received or cashed their initial check, two objectors told the Ninth Circuit on Monday.

  • February 12, 2024

    Judge Amends Camp Operator's $1M Surety Bond Order

    A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.

  • February 12, 2024

    US Chamber Asks 2nd Circ. To Back Deloitte's ERISA Win

    The U.S. Chamber of Commerce urged the Second Circuit to uphold the dismissal of a proposed class action alleging excessive recordkeeping fees in a Deloitte retirement plan, arguing that if the barebones allegations are allowed to stand it could negatively impact many businesses.

  • February 12, 2024

    9th Circ. Revives Lowe's Worker's Nonindividual PAGA Claims

    The Ninth Circuit upheld a decision ordering a Lowe's employee's individual California Private Attorneys General Act wage claims to arbitration, finding Monday that her arbitration agreement was enforceable and vacating the dismissal of her representative claims with instructions to apply the California Supreme Court's holding in Adolph v. Uber Technologies.

  • February 12, 2024

    Real Estate Co. Asks NC High Court To Review Shutdown

    A real estate company wants the North Carolina Supreme Court to review a lower court's decision to block the company from operating in the state after finding that it fraudulently locked homeowners into high-interest loans.

  • February 12, 2024

    NC High Court Snapshot: Philip Morris Fights Tax Credit Limit

    North Carolina's top court will return in February from an extended hiatus to weigh whether a home healthcare company was correctly ejected from the state's Medicaid program, and if regulators were right to limit state export tax credits for tobacco giant Philip Morris.

  • February 12, 2024

    Mich. Tax Cut Should Be Permanent, State Appellate Court Told

    A Michigan law enacted in 2015 that lowers the income tax rate when revenue collections exceed a certain threshold provides a permanent reduction, a group of taxpayers told the state appeals court.

  • February 12, 2024

    9th Circ. Urged To Halt Washington State Pot Licensing

    A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit to block regulators from issuing the licenses because their program allegedly discriminates against out-of-state players.

  • February 12, 2024

    Customer Can Sue Closed Bowling Alley For Slip-And-Fall

    A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.

  • February 12, 2024

    Fed. Circ. Upholds PTAB's Trim Of Cooling Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a computer hardware company's patent claims covering cooling computers are not valid, the latest event in a fight that involved both a patent challenger and the U.S. Patent and Trademark Office.

  • February 12, 2024

    Railroad Asks 8th Circ. To Undo Fired Worker's Back Pay Win

    Kansas City Southern Railway Co. is fighting a court order requiring it to fully reimburse a wrongfully fired employee for five years of lost pay and benefits, telling the Eighth Circuit on Monday that its question about whether the payout should account for lost vacation time belongs before an arbitrator. 

  • February 12, 2024

    Construction Co. Gets Sanctions Nixed, Death Claims Tossed

    A Michigan appeals court has given a construction company a win in a suit alleging one of its drivers was liable for a man's death in a car accident, finding the trial court went too far in both levying sanctions for failing to preserve evidence and refusing to grant the company summary judgment.

  • February 12, 2024

    Let Power Pricing Order Stay Dead, Texas Justices Hear

    There's no reason for the Texas Supreme Court to revive a policy that allowed the state's grid operator to set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021, a pair of power companies have told the justices.

  • February 12, 2024

    Jury's $600K Pit Bull Verdict Lacks Evidence, Calif. Panel Says

    A woman who was attacked by a pair of pit bulls that escaped from a leased residence won't get her piece of a $600,000 jury award from the landlords, as a California appellate panel has ruled that there was insufficient evidence showing that they knew the dogs were dangerous.

  • February 12, 2024

    Trump Turns To Supreme Court In DC Criminal Case

    Former President Donald Trump asked the U.S. Supreme Court on Monday to stay a D.C. Circuit panel's ruling that he is not immune from federal charges of interfering in the 2020 presidential election, arguing the D.C. Circuit needs more time to properly review his bid to escape prosecution.

  • February 12, 2024

    Court Reporters Deemed Exempt Contractors In Benefits Case

    A New Jersey appellate court on Monday partially undid orders requiring two legal transcription services companies to reimburse the state for unpaid unemployment and disability benefits, ruling that court reporters are exempt independent contractors under state law.

  • February 12, 2024

    Fla. High Court Pulled Into Depo Fight Between State Judges

    A Florida state appellate judge is asking the Sunshine State's high court to review a disciplinary panel's decision requiring him to sit for a deposition in an ethics case against a former campaign rival, saying it would do him "irreparable" harm and set a dangerous precedent for other judges.

  • February 12, 2024

    Illinois Supreme Court Forms Generative AI Task Force

    The Illinois Supreme Court launched a task force investigating uses of generative artificial intelligence, with a roster that includes judges, administrators and attorneys, a spokesperson at the courts has confirmed to Law360 Pulse.

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    9th Circ. Judge Doubts Continued Role In Tribal Fishing Fight

    A Ninth Circuit judge on Friday questioned whether federal courts' 50-year stretch of close supervision of Washington tribal fishing rights was too long, in a case involving the Stillaguamish Tribe of Indians' dispute with several other tribes involving fishing territories in coastal waters.

  • February 09, 2024

    Amazon Can Keep Suicide Appeal, Despite Official's Doubts

    A Washington State Supreme Court official said Friday he believed Amazon shouldn't be able to end claims it sold chemicals people used to kill themselves, but would nevertheless allow the e-commerce giant to contest rulings that allowed the suits to proceed.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up

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    Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How The PTAB Landscape Shifted In 2023

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    Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.

  • Opinion

    What Happens If High Court Rejects Releases In Purdue Ch. 11

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    Reading the tea leaves following the U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, it appears likely that the justices will decide that bankruptcy courts lack the power to release third-party claims against nondebtors, which would result in one of three scenarios, says Gregory Germain at Syracuse University.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • Issues High Court Is Weighing In Gov't Social Media Cases

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    Two U.S. Supreme Court cases aim to resolve a circuit split on whether public officials who block commenters from their personally created accounts are acting "under color of" state law, and the justices are grappling with determining how canonical legal principles will fit into a shifting landscape driven by advances in technology, says Alyssa Howard at Zuckerman Spaeder.

  • Benefits Limitations Period Ruling Carries ERISA Implications

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    The First Circuit's recent decision in Smith v. Prudential — over enforcing a benefits claim limitations period that expires before the claim accrued — has ramifications for Employee Income Security Act cases, where limitations issues can arise in the termination of ongoing benefit payments rather than an initial application for benefits, says Mark DeBofsky at DeBofsky Law.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

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