蓝莓视频

State Solicitors General Become A Trump Judge Pipeline

By Courtney Bubl茅

Seven months into his presidency, more than a third of President Donald Trump's judicial nominees hailed from a pool not tapped nearly as much as his predecessors: state solicitors general.

Read full article » | Save to favorites »

Newman Given Potential Lifeline In Suspension Appeal Loss

By Ryan Davis

While the D.C. Circuit on Friday declined to revive Federal Circuit Judge Pauline Newman's lawsuit challenging her suspension, experts said the court provided an opening for her to seek further review, by suggesting that the precedent limiting the arguments available to her may be flawed.

Opinion attached | Read full article » | Save to favorites »

Trump Admin To Appeal Susman Godfrey Exec Order Ruling

By Adrian Cruz

The Trump administration announced Friday its intention to appeal a June ruling that struck down as unconstitutional an executive order targeting Susman Godfrey LLP, after the court said the order was issued in retaliation for its representation of clients and causes the president opposes.

Notice attached | Read full article » | Save to favorites »

DC Circ. Leaves Judge Newman's Suspension Intact

By Ryan Davis

The D.C. Circuit on Friday affirmed the dismissal of 98-year-old Federal Circuit Judge Pauline Newman's lawsuit against her colleagues for barring her from hearing cases, holding that she failed to show that the statute that was used to suspend her is unconstitutional.

Opinion attached | Read full article » | Save to favorites »

Ga. Judge To Face Panel Monday On Case Delay Charges

By Chart Riggall

A Georgia probate court judge is set to face charges Monday from the state's judicial ethics watchdog that he allowed a series of cases to languish on his docket for years, in a case where the jurist largely copped to the misconduct allegations against him.

Read full article » | Save to favorites »

Analysis

Under Trump, White Collar Crypto Defense Gets New Playbook

By Phillip Bantz

White collar lawyers are crafting new blueprints for crypto-related civil and criminal defense amid the Trump administration's embrace of the industry and the financial world’s growing acceptance of cryptocurrency as a legitimate asset.

Read full article » | Save to favorites »

High Court Told To Lift 'Coordinated' Party Spending Caps

By Carolyn Muyskens

The Federal Election Commission and the Republican Party urged the U.S. Supreme Court to abolish limits on how much political parties can spend on campaigns in cooperation with candidates, saying there's no legitimate anti-corruption reason to cap party spending.

2 documents attached | Read full article » | Save to favorites »

DC Circ. Weighing $47M Award Is Told Due Process At Stake

By Caroline Simson

A Mexican businessman at the center of an allegedly fraudulent loan scheme underpinning an international tribunal's $47 million award to a Canadian investor is urging the D.C. Circuit to cancel the award, calling the underlying arbitration a "blatant denial" of due process.

2 documents attached | Read full article » | Save to favorites »

DC Circ. Rejects NM Ranchers' Bird Protection Challenge

By Juan-Carlos Rodriguez

The D.C. Circuit on Friday rejected New Mexico ranchers' challenge to the federal government's decision to preserve Endangered Species Act protections for a small, migratory songbird.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Won't Redo Damages For Pro Se IP Trial Winner

By Elliot Weld

A truck mudflap entrepreneur who won a patent infringement trial representing himself failed to convince the Federal Circuit on Friday to recalculate his $228,000 damages award, which he said would have been higher absent a "fraud" on the lower court.

Opinion attached | Read full article » | Save to favorites »

1st Circ. Says Muralist Filed Copyright Case Too Late

By Elliot Weld

The First Circuit has affirmed the dismissal of a copyright infringement lawsuit that a muralist had brought against the organizers of a Massachusetts state fair over promotional videos for the event that used her artwork without crediting her, finding that even though this was the third time she sued, a federal district court was right to declare her latest claims time-barred.

Opinion attached | Read full article » | Save to favorites »

Russian Urges 2nd Circ. To Scrap Superyacht Seizure Ruling

By Tom Lotshaw

Russian billionaire Eduard Khudainatov told the Second Circuit a New York federal judge authorized the U.S. government to sell off his seized superyacht without giving him a fair chance to fight assertions he was a "straw owner" for a sanctioned oligarch.

Brief attached | Read full article » | Save to favorites »

2nd Circ. Revives Some Rate-Rigging Claims Against Banks

By Jessica Corso

The Second Circuit on Friday partially revived claims that UBS AG and the Royal Bank of Scotland PLC manipulated a key interest rate for the lending of euros, allowing a pair of funds to press forward with claims that the banks' actions harmed U.S. investors trading derivatives tied to the rate.

Opinion attached | Read full article » | Save to favorites »

2nd Circ. Won't Block Conn.'s Sandy Hook Gun Restrictions

By Aaron Keller

The Second Circuit on Friday refused to temporarily block Connecticut's restrictions on AR-15-style weapons and high-capacity magazines, saying the National Association for Gun Rights and individual permit holders were unlikely to mount successful Second Amendment challenges to laws passed shortly after the Sandy Hook Elementary School massacre.

Opinion attached | Read full article » | Save to favorites »

3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening

By Jeff Montgomery

A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.

Opinion attached | Read full article » | Save to favorites »

4th Circ. Rules Virginia Gov. Can Deny Felon Voting Rights

By Elizabeth Daley

A formerly incarcerated Virginia man convicted of attempted murder as a minor couldn't argue his constitutional rights had been violated by Gov. Glenn Youngkin, who refused to allow him to vote, the Fourth Circuit said, finding the state's process of vesting reenfranchisement in its top executive was constitutional.

Opinion attached | Read full article » | Save to favorites »

Green Groups Lodge 5th Circ. Challenge Over La. LNG Permits

By Keith Goldberg

Environmentalists have asked the Fifth Circuit to cancel air permits issued by Louisiana environmental regulators for a liquefied natural gas export terminal, saying the permits were unlawfully issued and will increase pollution for nearby communities.

Petition attached | Read full article » | Save to favorites »

7th Circ. Backs TSA's Cybersecurity Rules For Railroads

By Celeste Bott

The Seventh Circuit on Thursday rejected the challenge from a pair of railways to recent cybersecurity mandates from the Transportation Security Administration, saying the agency wasn't required to first take notice and comment and that it has "broad authority to identify cybersecurity threats and craft appropriate responses."

Opinion attached | Read full article » | Save to favorites »

Startup Accelerator Backs Epic In Apple Case At 9th Circ.

By Matthew Perlman

Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.

Brief attached | Read full article » | Save to favorites »

Split 9th Circ. Halts Land Swap With Idaho Tribes' Backing

By Crystal Owens

A split Ninth Circuit panel on Friday upheld a lower court's decision to invalidate an Interior Department land transfer in Idaho for the expansion of a phosphogypsum plant, saying that a 1900 federal law limits the disposal of treaty-ceded lands.

Opinion attached | Read full article » | Save to favorites »

9th Circ. Blocks Meta's MDL Discovery Against State Agencies

By Gina Kim

The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.

Opinion attached | Read full article » | Save to favorites »

9th Circ. Weighs Religious Bias Suit In LGBTQ+ Post Firings

By Craig Clough

An attorney for two Christian flight attendants who say they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights urged the Ninth Circuit Friday to revive their case, saying it is clear from the record that they were fired for their religious beliefs. 

Read full article » | Save to favorites »

Brief

9th Circ. Tosses Wash. City's Win In Military Leave Suit

By Tom Lotshaw

A Ninth Circuit panel threw out a Washington federal judge's ruling that a City of Ocean Shores firefighter was not entitled to pay for military leave after the state's top court decided otherwise.

Opinion attached | Read full article » | Save to favorites »

Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms

By Anna Scott Farrell

An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.

Opinion attached | Read full article » | Save to favorites »

Calif. Justices Say Wage Law Ignorance Prompts Damages

By Irene Spezzamonte

California employers need to show they took reasonable steps to comply with minimum wage laws to support a good faith defense against liquidated damages, the California Supreme Court ruled, flipping a state appellate court decision.

Opinion attached | Read full article » | Save to favorites »

Judge Can't Become Public Defender After Not Practicing Law

By Lynn LaRowe

A California state appellate panel has ruled that a sitting superior court judge is ineligible to serve as public defender because he had not been a practicing attorney in the state's courts for the year before he sought the appointment.

Opinion attached | Read full article » | Save to favorites »

Conn. Panel Orders New Abuse Trial Over Ineffective Counsel

By Brandon Lowrey

A Connecticut appellate panel vacated sexual assault convictions against a man accused of abusing his former girlfriend's children and granted him a new trial after finding his counsel failed to raise a statute of limitations defense, according to an opinion released Friday.

Opinion attached | Read full article » | Save to favorites »

Fla. Appeals Order To Wind Down Detention Center Operations

By Carolina Bolado

A Florida official filed notice late Thursday that the state will appeal a federal judge's ruling ordering the government to begin winding down operations at the Everglades immigration detention center after finding the plaintiffs challenging it are likely to prevail on their environmental claims.

Notice attached | Read full article » | Save to favorites »

Analysis

Habba Ruling Could Put Tighter Limits On 'Acting' Officials

By Matthew Santoni

A Pennsylvania federal judge's ruling disqualifying Alina Habba from acting as the U.S. attorney for New Jersey has the potential to end a long-standing means of filling government posts without going through the U.S. Senate.

Read full article » | Save to favorites »

$785K Legal Malpractice Judgment Against Pa. Firm Upheld

By James Boyle

A debt collection agency did not provide enough evidence to show it deserved prejudgment interest on a $785,000 jury award it received from a malpractice suit against two former Hartman Valeriano Magovern & Lutz attorneys who allegedly botched a real estate transfer that cost the agency $1.4 million, according to a recent decision from the Pennsylvania Superior Court.

Opinion attached | Read full article » | Save to favorites »

Seton Hall Flags 'Dangerous Precedent' In NJ Venue Dispute

By Rose Krebs

Seton Hall University is urging the New Jersey Supreme Court to review a decision moving a whistleblower case from its former president from Essex to Hudson County, saying letting that action stand would set a "dangerous precedent" regarding case transfers.

2 documents attached | Read full article » | Save to favorites »

NC Justices Affirm Dismissal Of Philip Morris Tax Challenge

By Maria Koklanaris

A North Carolina administrative court does not have the power to find a state tax law unconstitutional as applied, the state's highest court ruled Friday, upholding a loss for Philip Morris in a $300,000 franchise tax case.

Opinion attached | Read full article » | Save to favorites »

Ohio Panel Says Med Mal Damages Cap Is Unconstitutional

By Y. Peter Kang

An Ohio appeals court has declared that the state's statutory limit on pain and suffering damages in medical malpractice cases is unconstitutional because it violated the right to due process to a patient who suffered a severe brain disorder.

Opinion attached | Read full article » | Save to favorites »

Speedy Trial Violation Undoes Sex Assault Conviction In Colo.

By Zach Dupont

The Colorado Court of Appeals on Thursday reversed the conviction and 34-year-to-life sentence of a man found guilty of sexual assault on a child, pointing to a district court error in holding the trial one month outside of the speedy trial window and remanding the case for dismissal of all charges.

Opinion attached | Read full article » | Save to favorites »

Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

Opinion attached | Read full article » | Save to favorites »

Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

Read full article » | Save to favorites »

Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

Opinion attached | Read full article » | Save to favorites »

Ruling Offers Insurers A Path To Settle Sans Insured Consent

A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.

Order attached | Read full article » | Save to favorites »

Trump Names 4 Nominees For North Carolina Bench

By Courtney Bubl茅

President Donald Trump announced on Friday night four judicial nominees in North Carolina.

Read full article » | Save to favorites »

DOJ Investigation Of NY AG Condemned By AGs Of 21 States

By Bonnie Eslinger

A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.

Letter attached | Read full article » | Save to favorites »

Ex-Calif. Judge Accused Of Sexually Assaulting Court Staffer

By Jack Karp

A former California Superior Court judge has been charged with sexually assaulting a court employee and seeking to cover up that purported incident and another alleged assault, the U.S. Department of Justice announced Friday.

Indictment attached | Read full article » | Save to favorites »

Ex-Mother-In-Law Painted As Mastermind In FSU Prof's Death

By David Minsky

A Florida prosecutor on Friday described the former mother-in-law of a Florida State University law professor killed by hired assassins in 2014 as the mastermind behind his murder, telling jurors that she was motivated by the desire to have her grandchildren closer to Miami after her daughter's divorce. 

Read full article » | Save to favorites »

Ex-Morgan & Morgan Client Says Arbitration Ruling Was Error

By Emily Sawicki

A former Morgan & Morgan client is pushing back on an order sending his proposed class action malpractice claims into arbitration and denying a motion to remand the suit to state court, arguing that a Savannah, Georgia, federal judge erred in her ruling by misapplying the law and failing to take all facts into account.

Motion attached | Read full article » | Save to favorites »

Probation Granted In Chandra Levy Prosecutor's Ethics Case

By Alison Knezevich

A D.C. Court of Appeals panel has sanctioned the lead prosecutor in the Chandra Levy murder case for failing to disclose evidence, but said she should not be suspended because "her misconduct was the result of a seemingly honest mistake."

Opinion attached | Read full article » | Save to favorites »

Taxation With Representation: Kirkland, Weil, Fried Frank

By Zak Kostro

In this week's Taxation With Representation, private equity firm Thoma Bravo buys human resources software provider Dayforce Inc. in a take-private deal, Lowe's buys Foundation Building Materials, Nexstar Media Group Inc. acquires fellow media company Tegna Inc., and Soho House & Co. Inc. inks a take-private deal with hotel operator MCR.

Read full article » | Save to favorites »

Roundup

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.

Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Large-company general counsel in a survey picked lawyers at Littler, Greenberg Traurig and McGuireWoods at the top of their all-star list for exceptional service. While talks continue, the EU and U.S. have agreed to new trade agreement terms that end EU tariffs on industrial products from the U.S.

Read full article » | Save to favorites »

蓝莓视频's Legal Lions Of The Week

By Kevin Penton

Morgan Lewis & Bockius LLP, Hunton Andrews Kurth LLP and Jackson Lewis PC lead this week's edition of 蓝莓视频 Legal Lions, after the Fifth Circuit upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On 蓝莓视频

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on 蓝莓视频 last week.

Read full article » | Save to favorites »