Appellate

  • February 21, 2024

    Pa. Justices Clarify Timing For Oil & Gas Accounting Claims

    The Pennsylvania Supreme Court on Wednesday said the statute of limitations for filing accounting claims related to oil and gas royalties is six years, definitively putting a time limit on such claims in a way that had not previously been spelled out.

  • February 21, 2024

    Justices Told NRA Speech Claim Would Thwart Regulation

    The ex-head of New York's financial regulator told the U.S. Supreme Court her statements advising companies to consider their relationships with the National Rifle Association following the 2018 mass shooting in Parkland, Florida, didn't violate the First Amendment, rejecting the NRA's position that the statements were a "veiled threat."

  • February 21, 2024

    Mass. High Court Pick Challenged Over Past With Governor

    Massachusetts Gov. Maura Healey's pick for the state's highest court faced questions Wednesday about potential conflicts of interest arising from her past romantic relationship with the governor from members of the panel that votes to confirm judicial nominations in the state, a rare pushback by the Governor's Council.

  • February 21, 2024

    Pa. High Court Returns Insurer's Status Question To 3rd Circ.

    The Pennsylvania Supreme Court reversed its decision to consider whether a state-created insurer of last resort is a public or private entity, sending the case back to the Third Circuit on Wednesday after determining that the question was a matter of federal law.

  • February 21, 2024

    Idaho Asks High Court For Stay In Gender Care Ban Dispute

    The state of Idaho has asked the U.S. Supreme Court to issue an emergency stay against a district court's injunction temporarily blocking the state from enforcing a law banning gender-affirming care for minors while the case plays out in the Ninth Circuit.

  • February 21, 2024

    Doc Keeps Trial Win In Suit Over Patient's Medication List

    A New York state appeals panel on Wednesday declined to grant a new trial to a widow who alleged her husband's doctor failed to tell his surgeon about his essential medications, saying the trial court did not allow the doctor to impermissibly pass the blame to defendants who'd already been dismissed from the case.

  • February 21, 2024

    7th Circ. Says Excavator's Kickback Appeal Doesn't Add Up

    A Seventh Circuit panel seemed unconvinced Wednesday by a former excavation company employee seeking to overturn his kickback conviction, with one judge suggesting he had two unpersuasive arguments and was trying to make "0 + 0 = 1."

  • February 21, 2024

    Texas Investors Ask Del. Justices To Revive Land Trust Suit

    An attorney for Texas' largest landholder told Delaware's Supreme Court on Wednesday that stockholders bound themselves to support a massive new share issue when they secured two board seats in 2021, dooming their efforts to reverse a Court of Chancery dismissal of their suit challenging the additional share issuance last year.

  • February 21, 2024

    9th Circ. Affirms $90M Facebook Privacy Deal Over Objections

    A Ninth Circuit panel affirmed a $90 million class settlement on Wednesday to resolve allegations that Facebook illegally tracked logged-out users' browsing activity, calling two objectors' suggestion that the company faced $1.24 trillion in statutory damages "an unreasonable baseline that would violate due process."

  • February 21, 2024

    Starbucks Pushes 4-Part NLRB Injunction Test At High Court

    Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.

  • February 21, 2024

    5th Circ. Affirms Subrogation Loss In Fieldwood Energy Sale

    The Fifth Circuit has ruled that a group of insurers that issued surety bonds to bankrupt Fieldwood Energy in a sale of its assets are not entitled to subrogation rights because the bankruptcy court's order stripping their rights could not be challenged under Section 363 of the Bankruptcy Code, a protection that limits appellate review of an approved sale.

  • February 21, 2024

    Drexel U Dodges Expanded 'Intentional Interference' Claims

    The Supreme Court of Pennsylvania ruled Wednesday that at-will employees can sue for intentional interference with their employment relationships under state law, but said a former Drexel University accountant who had brought the case before them fell short of showing her supervisor was acting as a third party under the new tort.

  • February 21, 2024

    'Loser Pays' Arbitration Pact Spurs Age Bias Case's Revival

    An Ohio state appeals court revived a fired orthodontist's age bias suit claiming she was sacked after complaining that a younger colleague harassed her, ruling that a trial court was too quick to kick the case to arbitration in light of the contract's potentially problematic "loser pays" clause.

  • February 21, 2024

    Juror Misconduct Warrants New Trial In Birth Injury Suit

    A Tennessee appeals panel has revived a woman's claims that her obstetrician caused birth injuries to her newborn by failing to administer an EpiPen when she had an allergic reaction to a medication, saying a juror likely polluted the verdict by bringing in outside information to deliberations.

  • February 21, 2024

    1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn

    The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.

  • February 21, 2024

    4th Circ. Won't Revive Ex-NC Assistant AG's Bias Suit

    The Fourth Circuit on Wednesday refused to revive a former assistant attorney general's gender and disability bias suit against the North Carolina Department of Justice, finding her medical conditions weren't extreme enough to warrant pausing the deadline to refile her complaint.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

  • February 21, 2024

    Police Immunity Hinges On Whether Silent Siren Led To Injury

    The Colorado Supreme Court has ruled that a police officer can be held liable if failure to use sirens or emergency lights while pursuing a suspect may have contributed to a person's injuries.

  • February 21, 2024

    11th Circ. Says Sotheby's Insured For Fla. Agent Theft Row

    An Eleventh Circuit panel affirmed Wednesday that an insurer must defend One Sotheby's International Realty against allegations that its agent bamboozled married Russian investors into selling their Miami Beach-area condo at below market value, eventually stealing $3.7 million in sale proceeds.

  • February 21, 2024

    Novel Ruling Finds NJ Prosecutor Conflict Doesn't DQ Office

    Addressing a case of first impression, a New Jersey appellate panel turned to case law in other states in concluding Wednesday that a supervising prosecutor's personal conflict does not automatically disqualify the entire office.

  • February 21, 2024

    How Trump's Hush Money Trial Helps Or Hurts Jack Smith

    Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."

  • February 21, 2024

    Barnes & Thornburg Beats Ga. Malpractice Claim On Appeal

    A Georgia state appeals court has upheld the dismissal of a legal malpractice claim brought by a trustee for a former Barnes & Thornburg LLP client, finding there was "no merit" to her arguments that the firm violated the standard of care and sunk the trust's insurance suit.

  • February 21, 2024

    Ex-Law Prof Wants High Court To Hear Gender Bias Suit

    A white female former law professor urged the U.S. Supreme Court to hear her suit against Texas Southern University, saying the Fifth Circuit held her to too high of a standard to show she was subjected to so much bullying that she was forced to quit.

  • February 21, 2024

    Giuliani Seeks New Trial, Will Appeal $148M Defamation Award

    Rudy Giuliani is urging a Washington, D.C., federal judge to rethink a jury verdict directing him to pay $148 million to two Georgia election workers he was found liable for defaming as he tees up an appeal of the jury award to the D.C. Circuit.

  • February 21, 2024

    NC Justices Told Credit Union's Arbitration Add-On Is Void

    A customer who accused her credit union of charging illegal overdraft fees urged the North Carolina Supreme Court on Wednesday to invalidate the bank's supposed arbitration clause, saying it was a one-sided agreement to which she never consented.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

  • Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction

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    The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

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