On Tuesday, a federal appeals court was tasked with the application of the U.S. Supreme Court’s most recent fair use test. This was in response to a photographer’s allegation of copyright infringement against the Independent Journal Review; the news site had used his photograph of rock musician Ted Nugent without license. This case, brought before…
In a recent decision, Lee v. Fisher, No. 21-15923 (9th Cir. 2023), a broad panel of the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s ruling to dismiss a shareholder derivative action against global retailer, The Gap, Inc. Led by plaintiff Noelle Lee, the charges alleged that the company’s embedded forum…
Georgia school districts are bracing for a marked increase in overturned student discipline decisions by the Georgia State Board of Education throughout this calendar year. The alarming trend prompts reflection on the common pitfalls that districts tend to stumble over during the otherwise avoidable procedural mistakes in the appeals process. In a bid to rectify…
On Tuesday, the Georgia Supreme Court upheld the state’s six-week abortion ban, voiding certain provisions of the Living Infants Fairness and Equality (LIFE) Act. The act had established certain limitations and provisions surrounding access to abortion within the state. The Supreme Court determined that the trial court had erred in overturning the LIFE Act by…
In a recent legal case involving the cyber-harassment lawsuit brought forth by Tumey LLP and plaintiff Tod Tumey against Mycroft AI, the US Court of Appeals for the Eighth Circuit has ruled that a defense expert was properly allowed to testify, despite pretrial disclosures made to him by the plaintiffs’ counsel when they were considering…
In a significant court decision last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq’s board diversity rule, according to Holland & Knight LLP. The board diversity rule, initially approved by the Securities and Exchange Commission (SEC) in August 2021, had been challenged on grounds of alleged constitutional discrimination, an improper restraint…
The Ohio Supreme Court recently heard oral arguments over whether insurers have an obligation to indemnify Sherwin-Williams Co., following a substantial legal ruling in California which found the company liable for $409 million in lead paint abatements. This legal action was initiated by California public entities as far back as 2000, and these bodies argued…
In a noteworthy decision, the West Virginia Supreme Court of Appeals has offered guidance on contractual and implied indemnity claims. This is in context of a case involving a design engineer, WW Consultants, and Pocahontas County Public Service District (“Pocahontas County”). The details of the case relate to a wastewater treatment plant project that WW…
Renowned trial lawyer, Richard Salgado, currently leads the Dallas Litigation Practice Group. Salgado recently joined McDermott, bringing with him an eminent litigation practice honed in Texas. As a litigator, Salgado demonstrated an impressive track record having first-chaired 13 jury trials and presenting oral arguments in over two dozen appeals. Salgado’s expertise extends to high-stakes, bet-the-company…
For nearly half a century, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent & Trademark Office exercised authority that when a trademark registrant files a fraudulent declaration under Section 15 of the Lanham Act, in an effort to make its registration incontestable, that registration would be immediately cancelled in its entirety. This…
As the third quarter of 2023 draws to a close, the oversight of PFAS (Per- and polyfluoroalkyl substances) in the United States has seen substantial developments. This update seeks to consolidate the major regulatory, legal, and scientific strides made within this period. One of the key highlights is the EPA (Environmental Protection Agency) finalising its…
In a significant ruling on September 6, 2023, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision that rejected defendants’ usury defense on grounds of waiver and collateral estoppel. The full decision presents a shift in different courts’ approach towards usury in breach of loan agreement cases. The…
In a decision that could have significant implications on class action lawsuits brought under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Third Circuit recently rejected a district court’s finding on the so-called informational injury doctrine. The Third Circuit issued this decision on October 12, ruling that the informational…
In revisiting a recent legal case, the First Circuit Court of Appeals has partially revived a First Amendment free exercise claim against a COVID-19 vaccine mandate. The court critiqued the federal district court’s initial judgment, in which the plaintiffs were said to have failed to demonstrate a “likelihood of success.” Martha’s Vineyard and Nantucket Steamship…
International law firm, K&L Gates, has reached a settlement in a malpractice suit filed by Quantum Materials Corporation. The complex case revolved around accusations of a conflict of interests, where the semiconductor manufacturer asserted that K&L Gates negligently represented both Quantum Materials and two lenders who initiated legal proceedings against Quantum. The innuendo of this…
Shareholders of Meta Platforms Inc., formerly known as Facebook Inc., in a revived class-action lawsuit, have accused the social media giant of inadequate handling of user data. The lawsuit was resurrected in light of details regarding Meta’s relationship with the infamous firm Cambridge Analytica, that has been associated with several high-profile data breaches. The Ninth…
In a recent decision, a Utah state court dismissed a claim against a debt buyer for an alleged failure to register under the Collection Agency Act prior to filing collection lawsuits. The suit, Meneses v. Salander Enterprises LLC, held that a violation of the Utah Collection Agency Act (UCAA) is not deemed a deceptive or…
In recent developments, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), commonly referred to as the Agencies, have filed a joint Amicus Brief in the Second Circuit. The goal of this move is to persuade the Court of Appeals to overturn a preceding decision wherein the Agencies argue that the Fair…
On October 12, a significant decision was made by the U.S. Court of Appeals for the Fifth Circuit when they affirmed the dismissal of claims presented by Fannie Mae and Freddie Mac’s shareholders. The grievance emanated from the supposition that the Federal Housing and Finance Agency’s (FHFA) unconstitutional removal restriction had led to their detriment….
On Friday, the US Supreme Court ruled that the Biden administration can temporarily go on communicating with social media companies about their moderation policies. This ruling, standing in for a lower court ruling, halts for now the prevention of communication between a select group of Executive Branch officials and social media companies. The majority’s order…
Senior US District Judge Roger T. Benitez recently declared California’s assault weapon ban unconstitutional, claiming it infringes the right to bear arms as outlined in the Second Amendment of the US Constitution. The prohibitive California law stipulates a felony for those who manufacture, distribute, import, or keep assault weapons such as AR-15s for sale or…
The U.S. Supreme Court has recently declined a request from Missouri to reinstate a state law barring law enforcement from enforcing federal restrictions on gun sales and ownership that Missouri deems at odds with the Second Amendment. The original appeal was in light of a judgement passed earlier this year by a federal judge, who…
In a recent ruling, the Virginia Court of Appeals has given the green light for a pro se defendant’s legal malpractice suit against his own defense attorney. Mark O’Hara Wright has spent almost a decade in prison for alleged theft of deli sandwiches and two cases of beer from a grocery store, a sentence that’s…
In a move of deference to the highest court in Louisiana, the U.S. Fifth Circuit Court of Appeals has transferred a key legal question related to postproduction costs to the Louisiana Supreme Court for a final decision. The case in question, Self v. BPX Operating Company, hinges on the balancing act between the Louisiana Civil…
In an intriguing development for practitioners in the legal and accountancy sectors, the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has made a firm decision marking a significant moment for Wiley’s client, an accounting firm. The court of appeal concluded that a lawsuit alleging negligence in connection with three successive…