In an intriguing turn of events, the US Court of Appeals for the Federal Circuit made a decision that has unnerved parts of the legal world. The Court deduced in Actelion Pharms. Ltd v. Mylan Pharms. Inc., Case No. 22-1889 (Fed. Cir. Nov. 6, 2023) that the constraint of “a pH of 13 or higher”…
In a contentious judgment, the US Court of Appeals for the Federal Circuit consented to a district court’s allocation of over $5 million in attorney fees. The court held that the district court maintained its prerogative in considering the underlying litigation as “exceptional” under 35 U.S.C. § 285 as well as in the determination of…
On October 17, 2023, the US Court of Appeals for the Second Circuit made a noteworthy ruling in the case of Eric A. Elliott, also known as Fly Havana v. Joseph Anthony Cartagena et al. (2d. Cir. 2023). The Second Circuit vacated a grant of summary judgment that had been made prior to discovery. The…
A collective of legal scholars have recently called upon the U.S. Court of Appeals for the Fourth Circuit to prevent a South Carolina statute from extending to a recently instituted eviction-help program by the NAACP. The scholars contend that the program is vitally necessary to combat the state’s formidable access to justice crisis. The statute…
On Wednesday, the Muscogee (Creek) Nation filed a complaint in a U.S. federal court against the city of Tulsa, Oklahoma, alleging that the city has infringed upon tribal sovereignty by issuing traffic violation tickets to tribal members within the bounds of the reservation. In their claim, the nation contends that the city does not possess…
The U.S. Court of Appeals for the Federal Circuit has created a precedent, dismissing an appeal from a final written decision in an inter partes review (IPR) proceeding. The petitioner, in this case, was ruled to have no standing due to the lack of injury in fact according to a report by JD Supra. The…
In a current legal event, a reversed ruling was granted by a New York appeals court regarding a gag order imposed on former President Donald Trump, related to an ongoing civil fraud trial. The Bloomberg Law report gives us insight into these significant legal proceedings. The gag order previously imposed had placed restrictions on what…
In a somewhat unusual development in copyright law, the U.S. Court of Appeals for the Ninth Circuit recently overturned a dismissal of a copyright infringement lawsuit. This case is noteworthy because it deals with the infringement of a copyright on choreography, an area not often broached by the courts. The lawsuit, Hanagami v. Epic Games,…
In the recent flurry of legal actions affecting financial regulation, a key development has come from the Department of Labor (DOL), which has proposed a new definition for nondiscretionary fiduciary investment advice. This move can be seen as a response to concerns raised by the 5th Circuit Court of Appeals regarding the DOL’s previous definition…
There’s a satisfying sense of retribution for the successful party in a court case when the opposing side has to bear the burden of your attorney’s fees. When the opponent happens to be a state, the victory is even more pronounced. Unfortunately for recent plaintiffs in Florida, the state isn’t famous for taking such financial…
In a recent verdict that may impact regulations in the food and agriculture industry, the Eighth Circuit Court of Appeals vacated a decision by the U.S. Environmental Protection Agency (EPA) to revoke all food tolerances for chlorpyrifos, a pesticide extensively used by growers. The case in question is Red River Valley Sugarbeet Growers Ass’n v….
The Department of Justice (DOJ) has recently offered more specific guidance regarding the criminal enforcement of Section 2 of the Sherman Act. This comes on the heels of the Antitrust Division’s announcement in March 2022, which reinstated the consideration and potential initiation of criminal charges for Section 2 violations. For a period leading up to…
In a recent development, California’s legal stance on whether corporations can serve as directors has been brought to the fore. According to the California General Corporation Law, the answer, it seems, is a resounding “no”. This is primarily due to how Section 164 of the Corporations Code defines “director” as purely natural persons instead of…
Coinbase Global Inc.’s pursuit of legal action against securities regulators for their implied stalling on the company’s crypto rulemaking request is not being overlooked by other corporations and advocacy groups. Coinbase has taken their plea to an appeals court, lodging a request for the Securities and Exchange Commission (SEC) to respond to a submission for…
Since its inception in 2006, the IRS Whistleblower Program has facilitated the recovery of over $6.6 billion from wealthy tax defaulters and non-compliant corporations. This effort has resulted in rewards amounting to $1.1 billion being paid to over 2,500 whistleblowers. However, in recent times, the program has grappled with delayed award claims and a climactic…
A tense dispute has unfolded as the National Labor Relations Board (NLRB) pushes back against a challenge from industry groups to its joint employer rule. The NLRB told a federal district judge recently that it believes this case falls beyond his jurisdiction and argues that it should instead be examined in a federal appeals court….
The Fifth Circuit has officially discontinued an investigation concerning the former bankruptcy judge caught up in an ethical controversy associated with his intimate involvement with a local bankruptcy attorney. This announcement came on the same day that Judge David R. Jones’ resignation from the US Bankruptcy Court for the Southern District of Texas took effect,…
The US Court of Appeals for the Fifth Circuit has delivered a ruling dictating that the Louisiana State Bar Association (LSBA) contravened the First Amendment of the US Constitution by posting a number of tweets that were not germane to the practice of law. The ruling was publicized on Monday here. The case pivots on…
The UK House of Commons rejected an amendment this week advocating for a ceasefire in the Gaza Strip. The amendment, which sought to modify the Commons’ response to the King’s Speech, was driven by a commitment to upholding international humanitarian law. However, it was not able to gain majority support despite simultaneous pressure from 24…
In a recent development, the Utah Court of Appeals has shown a strong policy favouring arbitration that may permit third parties to enforce arbitration clauses, even without an express direct agreement between the involved entities. This policy has significant implications for several sectors, including the construction industry, characterized by intricate networks of contractual relationships involving…
In a recent appeal made before the Second Circuit, legal firm Jackson Lewis makes its stand that the findings of a law firm, when delivered to its clients, cannot be construed as defamatory statements to a “third party.” Making this statement in the face of an increasingly complex landscape that merges legal procedures and reputational…
In a crucial turning point for employers and labor relations, the National Labor Relations Board (NLRB) has taken a significant step that could render unionizing a company an easier task. Reevaluating its earlier precedents, the NLRB has embraced a new approach in the case of Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB…
In an important decision, the Third District Court of Appeals has ruled to clarify the rules related to third-party intervention in a lawsuit. This particular clarification originated from the case of Accident911 Help Medical Center Corp., et al. v. Direct General Insurance Company. The nature of the case is directly under the purview of the…
In a recent ruling, the Ninth Circuit Court of Appeals addressed important aspects of California law relating to the interplay between primary and excess insurance coverage in Vizio Inc. v. Arch Insurance Co. The decision provides further clarity on what constitutes adequate notice to excess carriers and underscores the necessity for insured parties to obtain…
An interesting verdict has emerged from a Pennsylvania state appeals court, as employment and personal injury law firm Schmidt Kirifides and Rassias PC has been required to cover the cost of cannabidiol oil (CBD) used by one of its attorneys to alleviate back pain acquired from a work injury. The substance, even though it carries…