Appellate

  • April 24, 2024

    Pa. Court Revives Malpractice Suit Over Hip Implant Surgeries

    The University of Pittsburgh Medical Center Pinnacle Hospitals, an orthopedic surgeon and a physician-owned clinic can't escape a malpractice suit over two hip replacements that left a woman with one leg shorter than the other, a Pennsylvania Superior Court panel has ruled, saying a jury must decide when the clock started on her claims.

  • April 24, 2024

    Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit

    Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.

  • April 24, 2024

    1st Circ. Upholds Feds' Vineyard Wind Project Approval

    The First Circuit on Wednesday affirmed a lower court ruling rejecting Massachusetts residents' challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, saying federal regulators adequately analyzed the projects' effects on right whales.

  • April 24, 2024

    Meet The Attorneys Arguing Trump's Immunity

    A Missouri solicitor general-turned-law firm founder will square off Thursday against a U.S. solicitor general's office veteran who is a member of an elite group of U.S. Supreme Court bar attorneys in a special oral argument session over former President Donald Trump's bid for immunity from federal criminal charges alleging he interfered in the 2020 presidential election.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    EU Court Won't Disturb Spanish Tax Break Rulings

    A Spanish company on Wednesday lost its attempt to legitimize a tax scheme declared illegal by the European Commission when the European Union's General Court rejected its appeal, refusing to disturb prior decisions in the long-running dispute.

  • April 24, 2024

    Texas Appeals Panel Partially Reverses Atty's Fee Victory

    An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.

  • April 24, 2024

    Borrower Asks Full 4th Circ. To Hear Debt Canceling Case

    A student loan borrower has asked the full Fourth Circuit to rehear his claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans, arguing that the circuit court had overlooked parts of the loan servicing agreement that provided important context to his argument.

  • April 24, 2024

    FPL Asks Court To Decertify Class Over Irma Power Outages

    Florida Power & Light Co. asked an appeals court Wednesday to undo class certification in a multibillion-dollar suit over extended power outages after Hurricane Irma, arguing that a new law enacted last year requires the plaintiffs to bring their claims before the state's Public Service Commission.

  • April 24, 2024

    Kaiser Wins $6.7M Real Estate Tax Refund Linked To Nonprofit

    A split Washington appeals panel said that the Kaiser Foundation Health Plan of Washington was entitled to a $6.7 million real estate excise tax refund levied after its acquisition of the nonprofit Group Health Cooperative, reversing a trial court.

  • April 24, 2024

    Congress Didn't OK FCC's 'Disparate Impact' Ban, Critics Say

    Business groups told the Eighth Circuit on Wednesday that the Federal Communications Commission's new rules against discrimination in broadband deployment should be overturned because Congress never intended that the agency use a sweeping "disparate impact" liability standard.

  • April 24, 2024

    Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads

    Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.

  • April 24, 2024

    Hawaii High Court Affirms Timeshare Property Tax Is Legal

    Timeshares in Maui County, Hawaii, were properly taxed using a timeshare property classification because the classification is both constitutional and in line with the county's code, the state Supreme Court affirmed.

  • April 24, 2024

    Pegasystems Cuts $35M Deal To End Investor Suit

    Pegasystems Inc. has agreed to pay $35 million to settle a shareholder suit in Massachusetts federal court alleging the software company failed to properly disclose a rival's trade secret litigation that led to a $2 billion verdict.

  • April 24, 2024

    Justices Spar On Interplay Of EMTALA, Idaho Abortion Ban

    The U.S. Supreme Court held a feisty debate Wednesday over whether an Idaho abortion ban is superseded by a federal law requiring doctors at Medicare-funded hospitals to give emergency care, including abortions, to women suffering a medical crisis.

  • April 24, 2024

    3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout

    The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.

  • April 24, 2024

    9th Circ. Backs Limits On Montana Wolf Trapping

    A split Ninth Circuit panel on Tuesday largely affirmed a lower court's order limiting wolf trapping and snaring in Montana over concerns it could impact grizzly bears, but directed the court to reconsider its "overbroad" geographic scope and limitations on state officials' research.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 24, 2024

    11th Circ. Probes High Court Rulings' Effect On DeSantis Case

    The Eleventh Circuit wants Florida Gov. Ron DeSantis and the state attorney he suspended to explain how two seemingly conflicting U.S. Supreme Court decisions could influence the appellate court's ability to hear that attorney's challenge to his removal.

  • April 24, 2024

    Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration

    A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.

  • April 24, 2024

    7th Circ. Revives Suit Over Paper Co.'s ESOP Valuation

    The Seventh Circuit reopened a suit claiming executives at a defunct paper company and financial advisers overvalued the business to persuade workers to put retirement savings into an employee stock ownership plan, saying a lower court viewed the allegations too narrowly when it tossed the case.

  • April 24, 2024

    Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received

    The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.

  • April 24, 2024

    Landlords Bring NY Rent Law Challenge To High Court Again

    Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.

  • April 24, 2024

    Biden's Latest Judge Picks Include Blocked US Atty Nom

    President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.

  • April 24, 2024

    California Atty Must Face Defamation Claims Over Texts

    An Orange County attorney cannot hide behind claims of litigation privilege and must face defamation claims over disparaging text messages he sent about a contractor working on his home, a California state appeals court said Tuesday.

Expert Analysis

  • 7th Circ. Mootness Fee Case May Curb Frivolous Merger Suits

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    On April 15, the Seventh Circuit in Jorge Alcarez v. Akorn Inc. mapped out a framework for courts to consider mootness fees paid to individual shareholders after the voluntary dismissal of a challenge to a public company merger, which could encourage objections to mootness fees and reduce the number of frivolous merger challenges filed, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

  • Using Rule 23(f) To Review Class Certification Orders

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    Since plaintiffs on average are prevailing in certifying a class more often than not, the best-positioned class action defendants are those prepared to pursue relief under Rule 23(f) well before the district court issues its certification decision, say attorneys at K&L Gates.

  • Justices' Forfeiture Ruling Resolves Nonexistent Split

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    The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.

  • Opinion

    SC's Courts Have It Wrong On Amazon Marketplace Sales Tax

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    The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.

  • What Have We Learned In The Year Since Warhol?

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    In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says ​​​​​​​Jose Sariego at Bilzin Sumberg.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Binance Ruling Spotlights Muddled Post-Morrison Landscape

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    The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.

  • Practical Pointers After Fed. Circ. Double-Patenting Decision

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    With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • Corp. Transparency Act Could Survive 11th Circ. Several Ways

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    If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

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