The International Criminal Court’s (ICC) ongoing investigation into human rights abuses in Venezuela has hit a contentious milestone this week, as the court’s Appeals Chamber heard arguments regarding the resumption of the investigation. Argentina, Colombia, Paraguay, Peru, and Canada referred Venezuela to the ICC in 2018. These states have accused the Maduro government of committing…
In a recent ruling, the United States Court of Appeals for the Ninth Circuit, applying California law, adjudged that no coverage was available under an employment practices liability insurance policy due to late claim notice. The insured’s failure to provide notice within 60 days of receiving the claim led to the policy’s coverage being invalidated….
In an important decision from the U.S. Court of Appeals for the Ninth Circuit, a policy’s warranty exclusion was deemed to bar coverage for a demand letter alleging the insured was informed about fraudulent activities by the namesake insured’s former CEO. Applying Nevada law, the court based this verdict on the referenced SEC lawsuit, which…
In the realm of tax law, a recent ruling sets a precedent that underscores the responsibility of taxpayers in filing and paying penalties, even when a Certified Public Accountant (CPA) is employed. The case in question is Lee v. United States, where the Federal Court of Appeals for the Eleventh Circuit maintained that a taxpayer…
In what appears to be a shift in jurisprudence, federal contractors are gaining an advantage regarding jurisdiction in Contract Disputes Act (CDA) claims. This shift can be traced back to a trend started in 2014 by the U.S. Court of Appeals for the Federal Circuit, significantly accelerated this year with the U.S. Supreme Court’s March…
On October 25, a ruling by a panel of the Fifth Circuit Court of Appeals upheld the Nasdaq board diversity rule amidst various challenges. The opposition claimed, among other things, that the rule tried to improperly and unconstitutionally mandate the composition of corporate boards. This news came in the wake of growing calls across several…
In a recent ruling, the Arizona Court of Appeals reinstated a retaliation claim by a former employee under the Fair Wages and Healthy Family Act. The case in question, Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775, was filed by an employee who claimed he was unjustly discharged from his position after attempting to…
The attention of legal professionals working within the world’s largest corporations and law firms tends to swerve to significant legal developments. Today’s spotlight is on a very significant legal case: In re PersonalWeb Technologies LLC, Appeals Nos. 2021-1858, -1859 -1860 (Fed. Cir. Nov. 3, 2023). As reported on JD Supra, this case, which appealed from…
The Biden administration has put forward a new proposal around the regulation of retirement plan investment advice, which could be subject to legal challenges. Although the proposal aims to enforce stricter fiduciary standards on more financial professionals, critics have argued the administration has not adequately distinguished between advice and sales. The new proposal is part…
Linde North America’s former general counsel is urging the Third Circuit to overturn district court decisions that resulted in him forfeiting over $100,000 in retirement benefits. He argues that the global engineering company should still pay these benefits. The appeal was filed this Monday with the goal of reversing the decisions of the district court….
In a landmark judgment, the United States Court of Appeals for the Second Circuit put a restraint on the Securities and Exchange Commission (SEC)’s enforcement agenda by limiting its capacity to seek disgorgement under 15 U.S.C. § 78u(d)(5) and (7). As the stipulation in the Securities & Exchange Commission v. Govil, No. 22-1658, 2023 WL…
In a case unusual in its nature, a recent ruling by the Delaware Superior Court in a pedestrian’s lawsuit came as a staggering verdict for many legal professionals. In the case of O’Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023), the court ruled in favor of…
In an imperative legal dispute that could guide the future of New Jersey’s cannabis industry, the State’s Appellate Division has recently listened to oral arguments for three consolidated appeals. These appeals relate to the 2019 Cannabis Licensing Request for Applications (RFA). The appeals seek to bring greater transparency and fairness to the exceedingly complex and…
Legal professionals are eagerly anticipating the outcome of the case against John Eastman, a former adviser to Donald Trump, who guided the efforts to disrupt the presidential election ballot counting. Eastman is soon due to learn whether he will be allowed to continue practicing law, following a trial at the California State Bar Court, the…
Former Chief Trial Attorney of the US Army, Scott N. Flesch, has recently made a significant transition into private practice. Flesch has joined the government contracts counseling and litigation practice at Miller & Chevalier. During his tenure in the US Army, Flesch handled contract disputes litigation and administered proceedings before the Armed Services Board of…
In a recent ruling from the Eighth Circuit Court of Appeals, a franchisor known as Breadeaux’s Pisa had its motion to stay pending arbitration denied. The court opined that the claims made by Breadeaux’s Pisa did not fall within the Federal Arbitration Act’s (FAA) mandatory stay provision. This decision reaffirms the court’s position on the…
In the legal case of Great Concepts, LLC v. Chutter, Inc., numbered 22-1212 and decided by the Court of Appeals for the Federal Circuit (CAFC) on October 18, 2023, intriguing questions rose to the surface, challenging long-held practices of the Trademark Office. The legal team of Irwin IP LLP adds a critical lens to the…
The U.S. Court of Appeals for the Federal Circuit recently brought the doctrine of “analogous prior art” into the spotlight, a notable point of contention in patent law, highlighting its fundamental role in determining whether a patent can be ruled as obvious over previous art. The implications of this doctrine and its correct application can…
On October 27, a significant legal advancement occurred when the U.S. Court of Appeals for the Second Circuit denied a petition for a panel rehearing en banc regarding a False Claims Act (FCA) suit dismissed in 2020. Notably, the whistleblower lawsuit was initially filed in 2019, with the aim of highlighting alleged breaches of U.S.’s…
In the litigation landscape, appeals can be a complex and challenging undertaking. A foremost concern that plagues appellants during the drafting of the initial brief is the identification and thorough explication of all claims and issues intended to be reviewed in appellate courts. This understanding resonates within the legal community, given the critical balance of…
In a recent development that has captivated the legal and pharmaceutical communities, the U.S. Court of Appeals for the Third Circuit handed down a decision that might portend significant financial implications for generic drug manufacturers. The verdict effectively holds that the costs incurred by these manufacturers in defending patent infringement suits, specifically those initiated under…
The US Supreme Court has refused to hear a case revolving around the claim that a lower court defied its precedent instructions, thus deciding a case involving a South Carolina man on death row. The petition, which was denied on Monday, questioned the impact of the Supreme Court’s 2022 ruling in Shinn v. Ramirez, a…
In a recent opinion issued on October 31, 2023, the United States Court of Appeals for the Fifth Circuit made a significant ruling on the share repurchase disclosure rules. A three-judge panel found that the U.S. Securities and Exchange Commission (SEC) acted “arbitrarily and capriciously”, demonstrating some apparent faults in their approach to adopting the…
The Department of Labor (DOL) is once again heading toward potential legal challenges following its latest proposal of a standard uniform fiduciary and compliance regime. As per the Department’s official dossier from November 3, registered investment advisers, brokers, insurance agents, and other sellers of services in the individual retirement account marketplace could all find themselves…
The United States Court of Appeals for the Federal District of Columbia Circuit temporarily froze a gag order against former President Donald Trump. Notably, the per curium decision stated the temporary freeze is in place to provide the court time to consider an emergency stay of the order requested by the ex-president. This move comes…