The Securities and Exchange Commission’s (SEC) plan to bolster corporate board diversity appears to have solidified, following the recent court-validated Nasdaq rules, which seek to enhance the representation of women and minority directors. The consideration of these diversity disclosure obligations extends back to 2016 as part of the SEC’s rule-making agenda. However, the topic has…
The US Court of Appeals for the Ninth Circuit heard arguments on Tuesday over President Joe Biden’s asylum policy that adds restrictions to migrants seeking asylum. The policy assumes that migrants who do not use legal pathways to enter the U.S. are ineligible for asylum. The policy was previously permitted to remain following a decision…
A recent case in which a U.S. federal appeals court had to determine whether a Texas pharmacy’s management created a hostile work environment for an employee with asthma has faced significant scrutiny. The employee had requested permission to wear a mask to protect themselves against Covid-19, only to be subsequently berated and insulted. The appeal…
In a recent ruling, the United States Court of Appeals for the Fifth Circuit took a firm stand on the Eight Corners Rule, a principle in insurance law. The court unequivocally determined that an insurance provider did not owe defense and indemnity to three strip clubs that had previously been sued for unapproved use of…
In a recent turn of events, the motion for leave to appeal, put forth by the Asbestos Committee has been denied by the court. This denial pertains to the Bankruptcy Court’s earlier denial order concerning Georgia-Pacific. The case ruling took place in the United States District Court for the Western District of North Carolina, Charlotte…
The U.S. Court of Appeals for the Fifth Circuit has once more addressed a reoccurrence in the federal court system where a Texas judge has been found to penalize lawyers or parties in a case too readily. This marks at least the third instance in which this issue has been raised. The latest episode involves…
In a recent turn of events, the U.S. Court of Appeals for the Eleventh Circuit has determined that consumers may be entitled to compensation ranging from $100 to $1,000, without having to demonstrate actual harm. This ruling applies to cases where a consumer reporting agency is found to have willingly broken the Fair Credit Reporting…
In a recent decision, the California Court of Appeal ruled on a case involving trade secret misappropriation allegations, commonly a contentious issue in the corporate legal world. The case brings into focus the role and responsibility of employees and their relationship to legal claims against their employers. The case, Mattson Technology, Inc. v. Applied Materials,…
In the ever-changing legal landscape, last year’s unanimous decision in Ciminelli v. United States by the US Supreme Court has had profound effects on legal proceedings involving wire fraud. This ruling invalidated the US Court of Appeals for the Second Circuit’s “right to control” theory of harm in wire fraud cases. The Supreme Court’s decision…
In an important development this week, the Arizona Court of Appeals delivered a verdict on a number of issues relating to Arizona’s justification defense under A.R.S. § 13-409. The points deliberated included the appropriate jury instructions necessary for a justification defense in a police assault and battery case and subsequent evidentiary decisions arising from a…
Recently, a significant event in the sphere of environmental law has unfolded. Protect PT and Three Rivers Waterkeeper, hereafter referred to as “Three Rivers”, have lodged an official document with the Environmental Appeals Board of the United States Environmental Protection Agency (“EPA”). This document, known as a Petition for Review, was drawn up by the…
As legal professionals, it’s critical to keep a close watch on court rulings and their implications for the legal landscape. Most recently, the Ninth U.S. Circuit Court of Appeals has set an important precedent regarding the interpretation of the Telephone Consumer Protection Act (TCPA). In a late summer ruling, the court indicated that a text…
The Department of Labor (DOL) has proposed a fresh rule aimed at redefining what financial organisations are considered “investment advice fiduciaries” in relation to the Employee Retirement Income Security Act (ERISA). This move comes over five years after the Fifth Circuit Court of Appeals decision to vacate the DOL’s 2016 version of the same rule….
In an unpublished per curiam opinion, the Eleventh U.S. Circuit Court of Appeals recently ruled that a single text is enough to establish standing for the purposes of the Florida Telephone Solicitation Act (FTSA), reinforcing the stance it had taken in the prior en banc Drazen II decision. The ruling, which can be found at…
On a recent and noteworthy legal development, the Ninth Circuit Court of Appeals heard an oral argument in the case of Aggarwal v. U.S. Drug Enforcement Administration. The case poses significant queries about the legality of the Drug Enforcement Administration’s (or DEA) process for considering the reclassification of controlled substances. As reported by JD Supra,…
In an unexpected twist of events, it seems that the recent TikTok litigation case may have broader implications on patent practice. The U.S. Court of Appeals for the Fifth Circuit’s decision to authorize the transfer of a copyright lawsuit from Texas to Northern California is expected to set a precedent that could disrupt the legal…
The Equal Employment Opportunity Commission (EEOC) is set to rekindle a lawsuit against a Texas pharmacy, alleging that the pharmacy penalized, humiliated, and threatened an asthmatic employee for desiring to wear a mask in the early days of the Covid-19 pandemic. The case stands as a testament to the evolving legal landscape surrounding workplace safety…
Ohio Supreme Court Justice, Jennifer Brunner, a democrat, has filed a lawsuit against state officials over a law that requires the political affiliations of justice and appellate judge candidates be made visible on general election ballots. Brunner argues that this law infringes her First, Fifth, and 14th Amendment rights. This law was operative during her…
This week, the Ninth Circuit Court landed in the spotlight as it addressed critical issues related to Article III and statutory standing, in addition to the mired incident of a drydock sinking in a marine sanctuary. The dialogue around Article III and statutory standing evolved significantly due to the case of Jones v. Ford Motor…
A U.S. Court of Appeals for the Ninth Circuit panel found itself divided on Tuesday as it nullified California’s latest proposed cancer warning label for glyphosate, a key ingredient in the herbicide Roundup. In result, agricultural producers and businesses, who contested the warning on the grounds of the First Amendment, secured a victory. Magistrate Consuelo…
Recent proceedings in the Supreme Court hint at a likely decision to uphold a federal law, barring anyone under a restraining order due to domestic violence from possessing a firearm. Following an hour and half of oral arguments, several members of the bench demonstrated concern over the potential ramifications of overruling a federal appeals court…
The Arizona Court of Appeals recently made a noteworthy verdict in City of Mesa v. Ryan, No. 1 CA-SA 23-0154. Concluded on October 31, 2023, the court reversed a previous denial of the defendant’s motion to dismiss. The basis of this decision was linked to the Notice of Claim’s failure to state a sum certain…
Tuesday’s hearing at the U.S. Supreme Court exhibited a measure of skepticism towards a decision by a lower court. The judges were unclear if a federal law, forbidding individuals under domestic violence restraining orders from possessing firearms, is in contravention of the Second Amendment rights. This echoes the sentiments expressed during a pivotal ruling the…
In a recent shift in the regulatory environment, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) ruled that the U.S. Securities and Exchange Commission (SEC) violated the Administration Procedure Act. This comes in light of the SEC’s adoption of recent amendments to its share repurchase rules, otherwise referred to as the Rule….
On November 1, 2023, industry groups known as the Petitioners lodged a challenge against the recently implemented Private Fund Adviser Rules. The challenge took form of an opening brief in the US Court of Appeals for the Fifth Circuit. This brief presented their legal rationale for seeking to revoke these rules. As reported by JD…