The Future Of BIPA Insurance Litigation After Visual Pak
Law 360
APRIL 17, 2024
A recent Illinois appellate court decision, National Fire Insurance v.
Is it Worth it to Become a Litigation Paralegal?
Paralegal Bootcamp
JULY 24, 2023
However, it’s essential to understand that the kind of litigation paralegal role you choose will influence your job satisfaction. This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation.
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Canada dispatch: Canada appeals Federal Court decision to uphold compensation for Indigenous children
JURIST
OCTOBER 30, 2021
Federal Ministers of Indigenous Services and Crown-Indigenous Relations, Patty Hajdu and Marc Miller respectively, along with Attorney General of Canada David Lemetti, released a statement late Friday night announcing that they have agreed with FN groups to come to a resolution on the outstanding issues in the litigation by December of this year.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Law 360
MAY 10, 2024
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.
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Supreme Court Decision Complicates Diversity Disclosure Landscape
Intelligize Blog
OCTOBER 24, 2023
Meanwhile, DEI initiatives nationwide have drawn the ire of conservative state attorneys general and politicians. The fallout has led many companies to consider revising their DEI initiatives to stave off the threat of litigation, particularly concerning board diversity requirements.
5 Recent ERISA Decisions Attorneys Should Know
Law 360
DECEMBER 8, 2023
Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted.
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High Court Underscores DOJ's Role In Policing FCA Litigation
Law 360
JUNE 20, 2023
Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.
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Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told
Law 360
APRIL 23, 2024
A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.
Summary Judgment Denial and Its Ramifications for Attorney Fee Motions
Patently O
MAY 23, 2023
2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. Attorney Fees: After winning on the merits, FMC moved for attorney fees and non-taxable costs. The district court denied those costs, finding the case to be not exceptional. FMC Tech (Fed.
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Conference Notebook: Reporting from FDLI’s 2023 Enforcement, Compliance, and Litigation Conference
FDA Law Blog
DECEMBER 7, 2023
Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. In his conference keynote address , Arun Rao—the Deputy Assistant Attorney General for DOJ’s Consumer Protection Branch—provided an overview of DOJ’s year in FDA enforcement.
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Fla. Robocall Law Could Bring New Wave Of Litigation
Law 360
AUGUST 13, 2021
Supreme Court's decision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.
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Nevada Supreme Court upholds state ban on ghost guns, reversing lower-court decision
JURIST
APRIL 19, 2024
The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.
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Lowe's Gets PAGA Suit Dismissed Thanks To Viking River
Law 360
SEPTEMBER 23, 2022
Supreme Court decision in concluding that an arbitration agreement precluded a Lowe's worker from litigating wage claims under California's Private Attorneys General Act, kicking the suit to arbitration. A California federal judge cited a recent U.S.
5 Questions On Standing In The Wake Of TransUnion
Law 360
JULY 22, 2021
Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper. While the U.S.
Courts Are Mimicking Delaware's Approach To Ultra Vires Acts
Law 360
AUGUST 29, 2022
Recent state court decisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.
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California dispatches: Newsom ‘pulls a Texas’ on guns in response to Supreme Court stance on SB8 heartbeat bill
JURIST
DECEMBER 16, 2021
This tit-for-tat directive against Texas SB8 is the latest of the bold moves Newsom has taken and responds directly to the Supreme Court decision last week.
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Collateral Estoppel Beats Precedent Every Time
Patently O
DECEMBER 11, 2022
This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.
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Justices dismiss “civil rights tester” case
SCOTUSBlog
DECEMBER 5, 2023
The court unanimously agreed that the case was moot – that is, no longer a live controversy – because the plaintiff in the case, Deborah Laufer, had voluntarily dismissed her lawsuit in the lower court. This article was originally published at Howe on the Court.
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Climate Litigation Chart Updates – November 2016
ClimateChange-ClimateLaw
NOVEMBER 1, 2016
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.
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25th Volume of the Japanese Yearbook of Private International Law (2023)
Conflict of Laws
JANUARY 30, 2024
The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children. It suggests that Japan might consider recognizing parentage through foreign decisions. attorneys with limited budgets.
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Kentucky Attorney Files Challenge To Kentucky Governor’s Closure OF Religious Schools
JonathanTurley
NOVEMBER 24, 2020
There is an interesting fight brewing in Kentucky between Attorney General Daniel Cameron and Gov. Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. Andy Beshear.
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A search for coherence in the interplay between AEDPA and Brecht
SCOTUSBlog
OCTOBER 6, 2021
Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.
Nine HPMers Chosen to Participate in 2024 FDLI Committees; FDLI Undergoes a Make-over
FDA Law Blog
DECEMBER 21, 2023
Those who attended their annual Enforcement, Litigation, and Compliance Conference holiday reception earlier this month got a sneak peek at this new branding effort with the unveiling of the association’s new logo ( here ). 2024 brings a host of Hyman, Phelps & McNamara, P.C. (“HPM”)
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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change
ClimateChange-ClimateLaw
DECEMBER 21, 2021
On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).
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Scope of IPR Estoppel: Reasonable Procedural Steps
Patently O
AUGUST 18, 2022
Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.
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North Carolina’s voter-ID lawsuit, racial bias in juries and a veteran’s disability claim
SCOTUSBlog
SEPTEMBER 3, 2021
Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.
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August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 22, 2023
As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe
ClimateChange-ClimateLaw
JUNE 26, 2023
Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. This case was appealed to the Supreme Court and was closed with that Court’s refusal to review the case.
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DOJ Re-Brands Guidance Documents
FDA Law Blog
AUGUST 29, 2021
This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo. The memorandum cites the 2019 Supreme Court decision, Kisor v. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Wilkie , 139 S.
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USPTO Requests Input on Patent Eligibility from Critical Sectors Impacted by Current Law
The IP Law Blog
JULY 15, 2021
Since these Supreme Court decisions, the Court of Appeals for the Federal Circuit has applied this two-step test and issued a number of opinions as to whether a particular subject matter is patent-eligible. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.
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Patent Law at the Supreme Court February 2022
Patently O
FEBRUARY 24, 2022
Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The court also found the case exceptional and awarded attorney fees to the defendant.
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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 24, 2022
As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
Brand-Generic Drugs: Infringement Judged by the ANDA Filing
Patently O
AUGUST 19, 2022
At times, a court can look to other relevant evidence, but only when the ANDA filing fails to “speak clearly and directly to the question of infringement.” ” Rather, the court assumes that the ANDA filer will “act in full compliance with its representations to the FDA.” 3d 1366, 1378 (Fed.
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The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya
Conflict of Laws
MAY 6, 2024
They must be examined by the courts in Kenya for them to gain recognition and to be enforced’ [para 66]. ’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts.
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67 Seeing Clearly: Article III Standing of IPR Judicial Review
Patently O
NOVEMBER 29, 2023
Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. At oral arguments, Allgenesis attorney Don Mizerk stated plainly that its client was practicing the invention, but that attorney statement was insufficient. Inter partes review is not unique. 22-1706 (Fed.
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The long conference’s relists
SCOTUSBlog
OCTOBER 5, 2023
Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Court of Appeals for the 4th Circuit upheld that ruling in part, holding that as applied to “newsgathering” efforts by PETA and the other groups, the recording ban is unconstitutional.
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Guest Commentary: Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change
ClimateChange-ClimateLaw
NOVEMBER 22, 2022
” The Bandung Administrative Court decided in the plaintiffs’ favour earlier this November. This is Indonesia’s first court decision invalidating a carbon intensive project due to failure to assess climate impacts in its environmental assessment. Mae Manupipatpong is a senior associate attorney at Earthjustice.
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Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test
SCOTUSBlog
DECEMBER 7, 2022
After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to petitioner in this case. Coinbase, Inc.
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This Week in Regulation for Broadcasters: October 1, 2022 to October 7, 2022
Broadcast Law Blog
OCTOBER 9, 2022
FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).
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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
Conflict of Laws
MAY 31, 2021
The purpose of this write up is to briefly highlight the confusion on the concept of jurisdiction in Nigerian conflict of laws through the lens of a very recently reported case (reported last week) of Attorney General of Yobe State v Maska & Ano r. (“ Maska” ). [2]. 3] Attorney General of Yobe State v Maska & Ano (2021) 7 NWLR (Pt.
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Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings
SCOTUSBlog
JANUARY 10, 2022
The INA permits detention beyond the 90-day removal period for certain inadmissible noncitizens or those “determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal.” The Supreme Court previously held that the post-removal statute contains an implicit time limit. Guzman Chavez.
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Justices consider civil rights tester’s right to sue
SCOTUSBlog
OCTOBER 4, 2023
But in July, Laufer asked the justices to throw out the case, and invalidate the 1st Circuit’s decision in her favor. Jackson later asked why, if the issue is going to arise again, the court shouldn’t just “wait until it comes up again.”
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Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement
The IP Law Blog
DECEMBER 2, 2021
Supreme Court decision that had undercut the Ninth Circuit’s prior analysis. The Ninth Circuit concluded that it would not disturb the district court’s findings as to the reports of the parties’ various experts and therefore affirmed summary judgment in favor of the defendants. Goldsmith, 11 F.4 4 th 26 (2 nd Cir.
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July 2017 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
JULY 6, 2017
Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. New York Trial Court Set Parameters for Exxon’s Compliance with Attorney General’s Climate Change Investigation.
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