• May 23, 2024

    Enbridge Says Tribe's Trespass Law Could Cost It Millions

    Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.

  • May 23, 2024

    Fed. Circ. Says Winery Minority Owner Can't Try To Cancel TM

    The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision that a family trust that is a minority owner of Paul Hobbs Winery, which owns the trademark registration on the name of winemaker Paul Hobbs, does not have the right to seek cancellation of registrations on certain trademarks.

  • May 23, 2024

    Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit

    Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.

  • May 23, 2024

    FirstEnergy Wants 6th Circ. To Shield Bribe-Probe Docs

    FirstEnergy Corp. is pursuing the Sixth Circuit's input into its request to shield internal investigative documents from a class of investors and from two of its indicted former executives, saying the documents contain privileged legal advice given in the wake of a $1 billion bribery scandal.

  • May 23, 2024

    4th Circ. Rules No Coverage For Mars' COVID Losses

    Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

  • May 23, 2024

    Pipe Supplier Can't Nix $2.6M 'Take Home' Asbestos Verdict

    A California appeals panel won't upend a $2.6 million verdict against J-M Manufacturing Co. Inc. in a case alleging a man contracted mesothelioma because of his brother's work, rejecting the company's argument that the court should apply a duty standard for negligence claims to the man's strict liability claim.

  • May 23, 2024

    6th Circ. Unbuckles Supplier From 'Odd' Seat Belt Contract

    A Sixth Circuit panel on Thursday freed a seat belt part supplier from having to continue to fulfill a seat belt system manufacturer's orders at an old price, saying the parties' "odd" agreement language isn't specific enough to enforce.

  • May 23, 2024

    NY Top Court Revives FanDuel Investors Suit

    New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.

  • May 23, 2024

    Fla. Justices Make Civil Trial Delays More Difficult

    The Florida Supreme Court on Thursday made it more difficult to delay a civil trial as part of a number of changes to the Sunshine State's civil court rules and procedures meant to speed along the efficient resolution of civil cases.

  • May 23, 2024

    DOL Says 11th Circ. 'Alone' In ERISA Internal Remedy Stance

    The U.S. Department of Labor urged the Eleventh Circuit to reinstate a lawsuit from former seafood company workers who claimed their employee stock ownership plan was overcharged in a $92 million deal, saying they didn't jump the gun by suing instead of pursuing claims internally.

  • May 23, 2024

    Trump Loses 2 NY Criminal Appeals As Trial Winds Down

    Former President Donald Trump on Thursday lost a pair of appellate challenges complaining that both the judge and jury in his ongoing New York criminal hush-money trial are biased, just a few days before closing statements in the historic case.

  • May 23, 2024

    Split Ohio High Court Says Jury Must Mull Drilling Rights Row

    A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.

  • May 23, 2024

    NC High Court Sees No DA Conflict In Cyberstalking Case

    North Carolina's highest court ruled Thursday that a county prosecutor was improperly disqualified from a criminal case in which the alleged victim is a county manager, reasoning that the scenario didn't meet conflict-of-interest parameters established by the court's decades-old precedent.

  • May 23, 2024

    NC Justices Scrap Defamation Suit Against Holtzman Vogel

    Holtzman Vogel Baran Torchinsky & Josefiak PLLC is immune from defamation claims stemming from election protests the law firm helped file in 2016, the North Carolina Supreme Court ruled Thursday, rejecting what the justices characterized as a "baseless attempt" by voters to "constrict the absolute privilege's protections."

  • May 23, 2024

    UBH Urges 9th Circ. To Take Up Petition In Health Claim Fight

    United Behavioral Health implored the Ninth Circuit to grant the insurance company's petition for appellate court intervention in a consolidated action alleging mismanagement of mental health and substance use disorder treatment claims, arguing a California federal court clearly erred by allowing further pleadings on a denial of benefits claim.

  • May 23, 2024

    Ga. Fights Disbarred Atty's Reinstatement Bid At 11th Circ.

    Georgia's bar admissions office urged the Eleventh Circuit on Wednesday to reject a disbarred Georgia attorney's attempt to regain her law license, arguing that she asserted a hypothetical injury because she didn't have an application to the state's bar at the time she filed the operative complaint.

  • May 23, 2024

    US Drops Appeal Of Citigroup's $183M Tax Award At Fed. Circ.

    The federal government agreed to stop fighting a ruling that awarded Citigroup $183 million in tax deductions for liabilities belonging to a failing bank it had acquired during the 1980s savings and loan crisis, according to an order Thursday by the Federal Circuit dismissing the appeal.

  • May 23, 2024

    High Court Urged To Rule On FCC Question In TCPA Dispute

    A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.

  • May 23, 2024

    5th Circ. Won't Fast-Track Challenge To DOL's OT Rule

    The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.

  • May 23, 2024

    Biden Names Judicial Nominees For 1st, 6th Circuits

    President Joe Biden announced four new judicial nominees on Thursday, including picks for the First Circuit and the Sixth Circuit.

  • May 23, 2024

    Alex Jones Atty Escapes Suspension, For Now

    The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.

  • May 23, 2024

    High Court Sides With Gov't Over Repeat Offender Sentencing

    A state drug conviction can trigger a mandatory 15-year sentence under the Armed Career Criminal Act if it involved a drug on the federal schedules at the time of that conviction, the U.S. Supreme Court ruled Thursday.

  • May 23, 2024

    High Court Rules Poor Evidence Doomed SC Map Challenge

    The U.S. Supreme Court rebuked Thursday a federal judicial panel's finding that South Carolina Republicans unconstitutionally discriminated against Black voters when drawing the state's new congressional map, and established higher evidentiary standards for plaintiffs seeking to prove that race is the driving factor behind redistricting decisions.

  • May 23, 2024

    Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

    It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

  • May 22, 2024

    'Appeal To Heaven' Flag Flew At Alito's Vacation Home: Report

    Democratic lawmakers on Wednesday called for U.S. Supreme Court Justice Samuel Alito to immediately recuse himself from cases related to the 2020 election and face censure after The New York Times reported that flags tied to Donald Trump supporters had flown outside two homes owned by the justice in 2021 and again last year.

Expert Analysis

  • Key Antitrust Class Certification Questions Remain Unclear

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    The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

  • Fostering Employee Retention Amid Shaky DEI Landscape

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    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • 'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea

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    Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • Rebuttal

    Double-Patenting Ruling Shows Terminal Disclaimers' Value

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    While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling

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    In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.

  • Mid-2024 FCA Enforcement And Litigation Trends To Watch

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    Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

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    As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

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