Significant shifts in Louisiana’s political arena are underway, as the US Court of Appeals for the Fifth Circuit has set a deadline on January 15 for the state legislature to create a new congressional map. This deadline issued by the appeals court is a result of a lower court ruling last year which found the…
In an intriguing development in the legal space concerning former President Donald Trump, lawyers involved in one of his ongoing cases have been subjected to an extended gag order by the judge presiding over the case. On a separate but concurrent note, an appeals court has issued a stay in another of Trump’s ongoing legal…
US Court of Appeals Judge Edith Jones voiced concerns over what she labeled as “great moral confusion” among student protesters and other demonstrators in the US, particularly those criticizing Israel’s response to the October 7 attack by Hamas. Speaking at a conference held by the Federalist Society, a conservative organization, Jones expressed her belief that…
The U.S. Court of Appeals for the Fifth Circuit has decided to rehear a notable gerrymandering case from Galveston County, Texas, en banc. In this context, en banc refers to the full bench of judges from the Fifth Circuit, who will assemble to rehear arguments. The central issue of this case circles around an alleged…
The US Court of Appeals for the Fifth Circuit recently ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked authority to enforce a final rule aimed at regulating “ghost guns.” These “ghost guns” are essentially weapons parts kits that one can assemble into a firearm without having to register it. This case…
In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit upheld that persistent misconduct in the face of judicial warnings justifies use of litigation-ending sanctions, thereby putting a firm emphasis on parties’ decorum and respect towards court instructions. Concurrently, it was ruled that evidence that a party forgot does not…
The United States Court of Appeals for the Third Circuit recently dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, reinforcing the understanding that such orders are neither final nor effectively injunctive. Furthermore, the court made it clear that the DTSA does…
In a recent turn of events, the US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim. The case in question, Pauwels v. Deloitte LLP, Case No. 22-21, took place on October 6, 2023. The justices presiding over the case were Judges Sacks and Robinson. Judge Jacobs…
As per the latest judgment by the Court of Appeals of Virginia, a plaintiff alleging that its property is simply in possession by a third party under a superior title is insufficient in declaring either actual or constructive eviction. It’s pertinent to note that this is a critical element necessary for the plaintiff’s claim of…
In a pivotal development, a federal appeals court has directed the Securities and Exchange Commission (SEC) to revise specific regulatory amendments, framed back in May 2023. The problematic regulations, meant to require public firms to offer expanded disclosures on repurchases of their shares, have proven contentious in the legal landscape. JD Supra reports that the…
In a significant development in Ohio law, a recent decision made by the First District Court of Appeals, in the case of Breazeale v. Infrastructure & Development Engineering, Inc. (Appeal No. C-230172), has held firm restrictions on the time frame for pressing negligence claims against design professionals. As reported, the discovery rule conventionally indicates that…
In a recent case between the Wainscotts and Centura Health Corporation, reported by JD Supra, the validity of a hospital lien asserted by Centura Health Corporation has been brought into question. The case is currently under scrutiny by the Colorado Court of Appeals. This dispute began when the Wainscotts lodged a disagreement over the legitimacy…
In recent legal news, the US Court of Appeals for the Tenth Circuit has lent some clarity to the issues surrounding contributory liability in copyright infringement cases. This emerged in the discussion of the Greer v. Moon case, where the plaintiff had alleged that the defendants had “caused, materially contributed to, or authorized the direct…
As the nuances of patent law continue to evolve, the US Court of Appeals for the Federal Circuit recently made a significant ruling. In the case of Malvern Panalytical Inc. v. TA Instruments-Waters LLC, Case No. 22-1439, the Federal Circuit vacated a stipulated judgment of noninfringement in a patent infringement dispute after interpreting a contested…
Republican Attorneys General have launched a bid to halt California’s Advanced Clean Truck Rule. The group, consisting of 18 Republican AGs, has filed a brief with the U.S. Court of Appeals for the D.C. Circuit. This move marks a significant moment in a consolidation of five lawsuits, each challenging the Environmental Protection Agency’s (EPA) decision…
In the complex, scrupulous world of legal practice, more often than not, the devil lies in the details. Case in point, a recent trend in how Missouri appellate courts are applying Supreme Court Rule 84.04(d) has been stirring up a significant conversation within the sector. This contentious debate is one generally approached with some caution,…
In a recent ruling, a US appeals court has deemed Biden’s limitations on “ghost guns” unlawful. The specific court remains unnamed, but the judgement may have various implications in the ongoing national discourse centered around gun rights and regulation (Reuters). New York City’s challenged Mayor, Eric Adams, has retained WilmerHale following FBI raids on his…
In a legal scenario demonstrating the significance of effective communication in the judicial process, complications with the US Postal Service have led an Ohio court to overturn a previous granting of a default judgment. The reversal followed the realization that the defendants hadn’t received the summons and complaint due to problematic postal delivery. The case…
In a recently divided decision, the U.S. Court of Appeals for the 10th Circuit has overturned a federal district court order that imposed $1.5 million in sanctions against Schlichter Bogard & Denton and Schneider Wallace Cottrell Konecky. Centering on a case that involved these law firms facing allegations of recklessly prolonging a case that lacked…
The legal team of Steve Bannon, a longtime adviser to former President Donald Trump, is seeking an appeals panel to overturn Bannon’s contempt of Congress conviction. David Schoen, Bannon’s attorney, argued that his client’s constitutional rights were violated, claiming that U.S. District Judge Carl Nichols barred him from explaining the reason behind Bannon’s non-compliance regarding…
On November 6, the Consumer Financial Protection Bureau (CFPB) lodged an appeal against a district court order which granted summary judgment to several trade associations who challenged alterations implemented in its Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) Exam Manual in March 2022. The notice was directly filed with the federal district court in…
In a significant legal development, a federal court of appeals recently took a stance against California’s Proposition 65, ruling that a requirement for businesses to provide a glyphosate warning is contrary to the First Amendment’s proscription against government-compelled speech. This judgment has turned the spotlight onto the longstanding Proposition 65 program, which demands alerting consumers…
In the recent case of Janssen Prods. LP v. eVenus Pharm. Labs. Inc., the Third Circuit ruled that Janssen Products, L.P. and Pharma Mar, S.A., known collectively as Janssen, could not immediately appeal the denial of their seizure application. This decision has significant implications for legal professionals working with intellectual property, specifically trade secrets. The…
On November 6, 2023, an attempt to challenge a 1970 amendment to the Michigan Constitution that disallows payment of “public monies” to private schools was turned down by the U.S. Court of Appeals for the Sixth Circuit. The amendment in question is situated within Article VIII, Section 2 of the Michigan Constitution. Parent Advocates for…
A decision made could potentially upset Apple’s victory in a long-standing legal dispute with the European Commission over a €13 billion tax bill. Giovanni Pitruzzella, the EU Court of Justice Advocate General, today expressed his opinion that the EU tribunal, which previously ruled in favor of Apple pertaining to the tax order, made legal mistakes…