Appellate

  • April 09, 2024

    Tenn. Justices Don't Let Trader Joe's Avoid Direct Claims

    The Tennessee Supreme Court has decided not to let Trader Joe's East Inc. escape direct liability and premises liability claims in a slip-and-fall suit by admitting that one of its employees is at fault, saying that the rule the store proposed doesn't fit with the state's comparative fault system.

  • April 09, 2024

    ND Tribes Ignore Precedent In VRA Dispute, 8th Circ. Told

    Two North Dakota tribes are attempting to employ a new framework for Civil Rights Act claims against well-established Supreme Court precedent in their bid to uphold Voting Rights Act violations against the state, Secretary of State Michael Howe said, arguing that they fail to meet the burden for voter dilution allegations.

  • April 09, 2024

    Mo. Gets OK To Execute Man Repped By Flat-Fee Lawyers

    The U.S. Supreme Court on Tuesday declined to halt the looming execution of a convicted murderer who claimed that his attorneys' flat-fee contracts incentivized them to push him to plead guilty before they secured promises from prosecutors not to pursue a death sentence.

  • April 09, 2024

    Court OKs Decision Clearing Contractor Of Missed IP Deadline

    A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.

  • April 09, 2024

    Ariz. High Court Restores Civil War-Era Abortion Ban

    The Arizona Supreme Court on Tuesday revived the state's nearly 160-year-old abortion ban, concluding that a far more recent law that had allowed abortion through 15 weeks of pregnancy did not replace the older prohibition.

  • April 09, 2024

    7th Circ. Allows Casino Workers To Appeal Class Cert. Denial

    The Seventh Circuit granted Casino Queen workers' request to immediately challenge a trial court's refusal to certify a class in their suit alleging that company executives charged their employee stock ownership plan $170 million for shares that ended up being worthless.

  • April 09, 2024

    Trump Loses 2nd Appellate Bid To Pause NY Criminal Trial

    A New York state appellate judge refused Tuesday to delay Donald Trump's upcoming criminal hush-money trial while the former president challenges a gag order, just one day after a different appeals judge declined to halt the trial due to supposed jury pool bias.

  • April 09, 2024

    California Can Set Own Emissions Standards, DC Circ. Says

    The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.

  • April 08, 2024

    Fed. Circ. Says Law Taken Out Of Context In IP Fraud Defense

    U.S. Circuit Judge Todd Hughes on Monday told the attorney for the owner of a patent enforcement company that his attempt to beat a contempt order for his client involved reading a key rule out of context.

  • April 08, 2024

    Feds Tell Justices Trump's Immunity Bid Would Upset Framers

    Former President Donald Trump's claim to absolute presidential immunity from criminal charges related to official acts contradicts the text and intent of the U.S. Constitution and would've been "anathema" to the document's framers, special counsel John L. "Jack" Smith told the U.S. Supreme Court late Monday.

  • April 08, 2024

    7th Circ. Won't Demolish Obama Center Approval

    Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.

  • April 08, 2024

    Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told

    An ex-Behemoth worker asked the Ninth Circuit on Monday to order a new trial after a jury rejected his sexual harassment and hostile work environment suit against the video game company, arguing the district court erroneously allowed jurors to hear about his sex life and vulgar speech.

  • April 08, 2024

    Film Producer To Take $5.7M 9th Circ. Award Fight To Justices

    An investor in a failed venture to develop a "revolutionary" chemical-manufacturing technology has said he will ask the U.S. Supreme Court to decide whether a $5.7 million arbitral award issued to the venture's founders was properly enforced by the Ninth Circuit.

  • April 08, 2024

    Citibank Can't Dodge Liability After Escrow Theft

    A Washington state appeals court said Monday that Citibank and a predecessor lender can't avoid liability after an escrow agent allegedly embezzled nearly $1 million from a real estate company's refinancing deals, in an opinion that said the trial court failed to correctly apply controlling case law still "good" after 70 years.

  • April 08, 2024

    Idaho Land Deal Would Sustain Legacy Of Pollution, Tribes Say

    A group of Idaho tribes is urging the Ninth Circuit to uphold a lower court ruling granting a partial win in their challenge to a land transfer for a fertilizer plant's expansion, arguing that if allowed to go forward, it would continue a decadeslong legacy of contamination for their communities.

  • April 08, 2024

    Attys Have Duty To Defend Judges, ABA President Says

    The American Bar Association's president on Monday warned that attacks on judges and the U.S. court system have skyrocketed in recent years and urged lawyers to stand up for the judicial process by defending judges who are unjustly criticized.

  • April 08, 2024

    Fed. Circ. Won't Touch ITC's Sonos Ruling

    Neither Google nor its legal foe at speaker brand Sonos was able to persuade the Federal Circuit on Monday to change a mixed holding from the U.S. International Trade Commission that allowed some redesigned Google Home products to stay on the market.

  • April 08, 2024

    Mich. Regulators' Fraud Fears Are 'Nonsense,' Developer Says

    A real estate developer has told Michigan's high court that the state is raising unfounded concerns that Michigan will become a haven for fraudsters if the top court does not adopt a federal judicially created test to determine when an investment is a security, telling the justices Michigan's own securities law is controlling.

  • April 08, 2024

    11th Circ. Wants To Brief Standing In DHS Parole Policy Suits

    The Eleventh Circuit on Monday directed Florida and the federal government to offer their perspectives on whether a recent U.S. Supreme Court decision reviving the Biden administration's immigration enforcement priorities bears on the state's ability to mount a legal challenge to the administration's migrant parole programs.

  • April 08, 2024

    9th Circ. Urged To Revive J&J, Bausch Talc False Ad Suit

    An attorney for a proposed class alleging they were misled by Johnson & Johnson and Bausch Health about their talc products' safety urged a Ninth Circuit panel on Monday to revive the suit, saying a lower court erred in finding his clients needed to point to specific advertisements that misled them.

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    Norton, Quinn Emanuel Rip Contempt Order In $600M IP Case

    A more than $600 million judgment against NortonLifeLock for infringing Columbia University patents, based partly on a contempt finding against its former law firm, Quinn Emanuel Urquhart & Sullivan LLP, is "indefensible" and cannot stand, the company and the firm have told the Federal Circuit.

  • April 08, 2024

    9th Circ. Doubts Quick Section 230 Appeal In Casino App Suits

    A Ninth Circuit panel appeared skeptical Monday of weighing in on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, with two judges saying that the interlocutory appeal is "premature" and "confusing."

  • April 08, 2024

    6th Circ. Upholds Partial Award In ESOP Liability Dispute

    The Sixth Circuit on Monday upheld a lower court's finding that an insurance firm was obligated to pay some costs spent defending a consulting firm's stock valuation work, based on a finding that costs weren't completely covered under the insurer's professional liability policy exclusion.

  • April 08, 2024

    Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.

    An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling. 

Expert Analysis

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • 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.

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