The US Court of Appeals for the Seventh Circuit recently vacated a preliminary injunction against the Illinois assault weapon ban that was passed earlier this year, enabling the ban to come into effect. The 2-1 majority opinion of the court was penned by Circuit Judge Diane Wood, who noted that under the precedent of the…
In recent legal news, student loan holders may be in for a shock as a governmental error may mean they owe more than they previously thought. As reported by Above the Law, an internal review appears to have revealed discrepancies in the recorded loan balances. In other matters, a judge has creatively introduced a Harry…
On Thursday, the US Court of Appeals for the Eighth Circuit announced a reversal of a district court’s ruling pertaining to the right to prayer of Muslim prisoners held by the Arkansas Division of Corrections (ADC). The court determined that the lower court applied an incorrect standard in deciding that ADC’s policy does not infringe…
A Michigan state appeals court recently overturned a protective order issued by the city attorney of Inkster against a man accused of stalking and harassing him. Although the court acknowledged the man’s behavior as “distasteful,” it still ruled in favor of the defendant, stating that the man’s actions fell under the scope of constitutionally protected…
In an explicit demonstration of complex legal issues surrounding tribal self-governance, a dispute over federal health care costs has gained attention. Central to the dispute is the Indian Health Service (IHS), an agency within the Department of Health and Human Services responsible for overseeing health care programs for Native American tribes. As part of a…
In a recent decision, the Commonwealth Court of Pennsylvania affirmed a lower court ruling clarifying that a history of welfare fraud and outstanding restitution cannot justify a denial of housing assistance. This marked a victory for applicants seeking support through Pennsylvania’s housing voucher programs. The case at the center of the ruling involved the Lawrence…
On October 25, the U.S. Court of Appeals for the First Circuit validated the dismissal of a lawsuit brought forward by a certified nursing assistant against a state-funded healthcare facility. Citing the principle of qualified immunity, the court confirmed that the defendant facility, which houses veterans, was entitled to this defense. According to the full…
In a recent judgment, the Ninth Circuit Court of Appeals has made a noteworthy clarification regarding bankruptcy law. In the case of Spark Factor Design, Inc., et al. v. Hjelmeset (In re Open Medicine Institute, Inc.), No. 22-60017 (9th Cir. Oct. 30, 2023), the court found that a bankruptcy court possesses the discretion of whether…
In a recent ruling, the Fifth Circuit Court of Appeals worked to clarify the interpretation of the phrase “advertising idea” in the insuring agreement of a commercial general liability policy’s “personal and advertising injury” coverage section. This ruling came about through the case of Princeton Excess & Surplus Lines Insurance Co. v. A.H.D. Houston Inc….
In a ruling that could have far-reaching implications in patent law, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s decision in HIP, Inc. v. Hormel Foods Corp. The controversial ruling, issued on May 2, 2023, found that the plaintiff’s request to have their employee, David Howard, listed as an inventor…
As a top journalist covering the legal landscape, I bring your attention to a crucial gun-rights case that the Supreme Court has included in its docket for the 2023-24 term – the Garland v. Cargill dispute concerning ‘bump stocks’. For those unfamiliar with the term, a ‘bump stock’ is an attachment that alters a semi-automatic…
The U.S. Court of Appeals for the Eighth Circuit recently provided a significant ruling in favor of several agricultural groups. The court has granted these groups’ petitions for a review pertaining to a directive by the Environmental Protection Agency (EPA). The EPA had previously placed a ban on the use of a well-known pesticide named…
OptumRx Inc. and Express Scripts Inc., two major pharmacy benefit managers involved in the ongoing opioid multidistrict litigation, have filed an appeal against US District Judge Dan Polster’s recent refusal to disqualify Special Master David Cohen. The basis of their appeal stems from an incident where Cohen inadvertently engaged the “reply all” feature in an…
In a noteworthy turn of events, the U.S. Court of Appeals for the Second Circuit made short work of a former real estate tycoon and his ex-wife’s attempt to challenge a judgment against them. The judgment, leveled for fraudulent conveyances, was swiftly brushed aside, signifying an end to a legal saga spanning several years. The…
Last month, a noteworthy decision came from the 5th Circuit Court of Appeals in the case of Munoz v. Intercontinental Terminals Company. This case aimed to resolve a long-standing legal grey area involving the intersection of oil pollution and hazardous substances. For a long time, it wasn’t clear if the liability provisions of the Comprehensive…
In a significant interpretation of US environmental law, the United States Court of Appeals for the Fifth Circuit (“5th Circuit”) has delivered an October 27th Opinion addressing an issue arising out of the Oil Pollution Act of 1990 (“OPA”) and Comprehensive Environmental Response, Compensation, and Lability Act of 1980 (“CERCLA”). For background, OPA and CERCLA…
In a recent development, a coalition of 25 Republican Attorneys General (AGs) have decided to appeal with the U.S. Court of Appeals for the Fifth Circuit against the implementation of a Department of Labor rule. This regulation, in its essence, authorises retirement plan fiduciaries to consider environmental, social, and governance (ESG) factors when designating plan…
In recent news, the Eighth Circuit Court of Appeals made a notable ruling with regard to the use of arbitration clauses. The court affirmed the denial of a motion to compel arbitration which was filed by a plaintiff. The court’s rationale in this case speaks to broader implications for how companies handle contract disputes involving…
In a significant court decision, the Fifth Circuit has upheld Nasdaq’s rules on board diversity. As reported by JD Supra, the case titled Alliance for Fair Board Recruitment v. SEC saw a panel of three judges from the Fifth U.S. Circuit Court of Appeals affirm the diversity rules. The rules require each company listed on…
In a recent ruling by the Supreme Court of New York, New York County, floor tile manufacturer Mannington Mills Inc. was denied in its motion for renewal. The company had sought to renew its previously denied motion for summary judgment regarding causation, leveraging the New York Court of Appeals’ Nemeth decision as an indicator of…
The U.S. Court of Appeals for the Fifth Circuit recently provided new insights on the boundaries of drone law. The panel reversed a district court’s ruling from 2022 on the constitutionality of Texas Chapter 423 law, commonly referred to as the drone law. This law places several restrictions on drone actions. As reported by JDSupra,…
In a landmark ruling, a Judge for the US District Court for the Northern District of Georgia has ordered Georgia’s General Assembly to redraw the state’s congressional districts after finding the currently used maps in violation of the Voting Rights Act. A comprehensive 516-page opinion saw the consolidation of three pivotal cases: Alpha Phi Alpha…
The Ohio Supreme Court is currently considering whether insurers are obliged to indemnify Sherwin-Williams Co., the paint manufacturer which, along with others, was found liable in a $409 million public nuisance case over lead paint. Lawyers on both sides have expressed concerns over the potential wider implications of the forthcoming decision. Earlier this week, the…
In a development that many in the professional law community have been closely following, the United States Supreme Court denied a request to extend the stay ordered in West Flagler Associates, Ltd. v. Haaland on October 25, 2023. The ruling has vital implications for the Seminole Tribe’s sports betting plans in Florida. The decision has…
As the COVID-19 pandemic continues to affect workplaces around the globe, a recent case has demonstrated that employers may dismiss employees if their behaviour undermines measures implemented for public health safety. In this instance, the Tenth Circuit Court of Appeals upheld the dismissal of a manager who made disparaging remarks about his employer’s mask mandate….