Appellate

  • July 18, 2024

    Fed. Circ. OKs Gilstrap's Alice Ax Of Background Check Patent

    The Federal Circuit on Thursday upheld Eastern District of Texas Judge Rodney Gilstrap's invalidation of a background check patent for claiming only an abstract idea, as well as his refusal to award attorney fees to the small Texas city that prevailed in the case.

  • July 18, 2024

    9th Circ. Signals Support for Alaska Salmon Fishery

    A Ninth Circuit panel on Thursday leaned toward allowing government-approved commercial salmon fishing in Southeast Alaska, with one judge saying the economic hardship indigenous communities would face without fishing outweighs the "enormous uncertainty" of impacts on a small population of orca whales that feed on the fish.

  • July 18, 2024

    Google Warns Fed. Circ. Panel Backed Manipulating Damages

    The Federal Circuit's decision to make Google pay EcoFactor $20 million for infringing a smart thermostat patent clears patent owners to "manufacture a royalty rate" and ignore both market realities and apportionment, Google told the full court in a bid for rehearing.

  • July 18, 2024

    SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure

    The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.

  • July 18, 2024

    Menendez Appeal Could Make Hay From Bribery Caselaw

    Sen. Robert Menendez's planned "aggressive" appeal will almost certainly include broadsides against his novel foreign-agent conviction and attempt to capitalize on the U.S. Supreme Court's proven appetite for bribery cases, experts say.

  • July 18, 2024

    Enviro Groups Deploy Chevron Ruling In Pipeline Case

    Environmental groups suing the federal government over the reissuance of a nationwide Clean Water Act permit that can be used for oil and gas pipelines told a D.C. federal judge Thursday that the recent overturning of the Chevron deference bolsters their effort to get the permit thrown out.

  • July 18, 2024

    Split 9th Circ. Panel Backs Restoring DHS Bond Rule

    A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.

  • July 18, 2024

    Judge Won't Pause Sanctions In Byju's Ch. 11

    A Delaware district court Thursday ruled hedge fund Camshaft Capital Fund LP cannot hold off a contempt order from a Delaware bankruptcy court in the Chapter 11 case of Byju's Alpha while it appeals the sanctions, finding that it could avoid sanctions if it complied with a court order.

  • July 18, 2024

    Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling

    A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.

  • July 18, 2024

    LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit

    LegitScript told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.

  • July 18, 2024

    Bank Exec's Tax Tip Case Wrongly Axed, Estate Tells DC Circ.

    The estate of a Dutch bank executive asked the D.C. Circuit to overturn a U.S. Tax Court decision denying him a whistleblower award for reporting on tax avoidance schemes, saying the lower court improperly relied on proposed regulations from the Internal Revenue Service.

  • July 18, 2024

    Fed. Circ. Won't Deflate Air Mattress Patent Upheld At PTAB

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's conclusion that no claims of a Sun Pleasure Co. air mattress patent are invalid based on the grounds asserted by a Chinese company.

  • July 18, 2024

    Texas Psychiatric Patient's Head Trauma Suit Can Go Forward

    A Texas appeals court has revived a man's claims against a doctor who he said failed to diagnose and treat a head injury while he was a psychiatric patient, saying the trial court was wrong to find his allegations had no basis in fact.

  • July 18, 2024

    4th Circ. Deems Paying For Sex 'Immoral' In Deportation Case

    The Fourth Circuit denied a Salvadorian man's petition to stop his removal from the U.S. in a precedential ruling that soliciting prostitution is a "crime of moral turpitude" that disqualifies him from getting his deportation canceled even if the public stigma surrounding sex work is reducing.

  • July 18, 2024

    Creek Citizenship Case Paused Amid Tribal Court Controversy

    The Muscogee (Creek) Nation Supreme Court has paused a dispute between descendants of those once enslaved by the tribe and its citizenship board after the two plaintiffs accused the tribe's national council of illegally appointing special justices to the panel as part of a targeted campaign against them.

  • July 18, 2024

    6th Circ. Looks To Wash Hands Of WOTUS Appeal

    An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky's and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.

  • July 18, 2024

    Tech Giants Can't Sink Slide-To-Unlock Patent At Fed. Circ.

    Samsung, Apple and Google failed on Thursday to persuade a panel of Federal Circuit judges to kill a patent covering the idea of sliding-to-unlock a phone, purportedly developed by a small Sweden smartphone developer over a decade ago.

  • July 18, 2024

    Woman Can't Get Rectal Cancer Med Mal Suit Reinstated

    A Texas appeals court won't let a woman revive her claims that a doctor with Houston Methodist Willowbrook failed to diagnose her rectal cancer, saying she failed to preserve for appeal the issue of whether the court properly granted a 30-day extension to file an amended expert report.

  • July 18, 2024

    Docs Get Same Hefty Opioid Sentences Despite Top Court Win

    Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.

  • July 18, 2024

    Meta And FTC Want DC Circ. Privacy Fight Kept Paused

    Meta's D.C. Circuit bid to stop the Federal Trade Commission from modifying the parties' $5 billion privacy settlement should be kept on ice, both sides said Thursday, as the commission vies to toss Meta's trial court suit following a recent U.S. Supreme Court ruling.

  • July 18, 2024

    DeSantis Blasts Ousted Atty's 3rd Bid To 'Rush' 11th Circ. Call

    Suspended Florida prosecutor Andrew Warren should not be allowed to "rush" the Eleventh Circuit's consideration of the prosecutor's case, which could have "sweeping implications" for Florida's government, Gov. Ron DeSantis told the appellate court Thursday.

  • July 18, 2024

    6th Circ. Questions If Kellogg 401(k) Claims Can Be Arbitrated

    A Sixth Circuit panel on Thursday suggested the terms of Kellogg Co.'s retirement plan may bar a former accountant from bringing claims the plan was mismanaged, as the company tries to enforce an arbitration clause that arguably prevents planwide relief. 

  • July 18, 2024

    Cannabis Co. Can't Snuff $300K Judgment In Contract Row

    A Washington state appeals court has rejected a bid by cannabis company Royal Concentrates LLC and its owners to throw out a $300,000 judgment against them in a contract dispute with an investment partner, saying any error in the exclusion of a last-minute witness and evidence was harmless.

  • July 18, 2024

    Del. Justices Asked To Undo Firm's 'Malicious' Suit Escape

    Applied Energetics is asking the Delaware Supreme Court to revive a complaint alleging Gusrae Kaplan Nusbaum PLLC and a former partner filed a frivolous federal securities fraud suit in order to hobble other litigation against the company's former chief executive officer.

  • July 18, 2024

    Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told

    A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • 7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation

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    The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

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    Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • 3 Policyholder Tips After Calif. Ruling Denying D&O Coverage

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    A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

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    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

  • Series

    After Chevron: Piercing FEMA Authority Is Not Insurmountable

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    While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

  • What Happens After Hawaii Kids' Historic Climate Deal

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    Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Differences In Enforcing Oral Settlements In NJ And Pa.

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    New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.

  • Reading Between The Lines Of Justices' Moore Ruling

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    The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.

  • Series

    After Chevron: A Sea Change For Maritime Sector

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    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

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