The U.S. Court of Appeals for the Ninth Circuit has agreed to reconsider an appeals case for Idaho’s abortion ban with an en banc hearing. This information was confirmed by Chief Justice Mary H. Murguia in a court order announced on October 10th (Law.com). Through the en banc hearing, the court will reassess whether emergency…
The U.S. Court of Appeals for the Second Circuit encountered an unusual situation in a recent case, In re: ALBA Petroleos de El Salvador SEM de CV. This peculiar circumstance involved two prominent law firms, White & Case LLP and León Cosgrove Jiménez LLP, each laying claim to the privilege of representing a foreign corporation…
An Idaho state Senate bill, which entails that students in public schools utilize the bathroom or locker room aligning with their biological sex, is pending review by the U.S. Court of Appeals for the Ninth Circuit, according to a recent court filing. The progression to the federal appeals court follows after U.S. District Chief Judge…
A challenging legal case in the Eleventh Circuit Court has brought arbitration agreements and unconscionability under the spotlight once more. The recent decision in Payne v. Savannah College of Art and Design Inc. saw the Eleventh Circuit Court of Appeals affirm a district court order that denied a motion to compel arbitration of plaintiff Isaac…
In a series of events illustrating the importance of personal and professional boundaries within the legal profession, Bankruptcy Judge David R. Jones recently announced his resignation as a result of a concealed relationship with a bankruptcy attorney. As he explained to Bloomberg Law, Jones’ resignation comes in an attempt to redirect focus back to the…
California is tightening restraints on proceedings in the state’s legal landscape. Governor Gavin Newsom signed CA Senate Bill 365 (SB 365) on October 10, 2023, a measure designed to become operable in 2024. The significant feature of this bill is that it enables state court judges the discretion to proceed with litigation in a trial…
An issue of growing concern in Missouri is the question of involuntary nursing home discharges and transfers. Many elderly residents spend years in long-term care facilities, but inevitably, circumstances may fluctify, potentially rendering the facility no longer suitably equipped to care for the resident. In certain scenarios, nursing homes may even proceed to discharge or…
In a recent development, software giant Microsoft reported in its Form 8-K filing with the U.S. Securities and Exchange Commission, that the Internal Revenue Service (IRS) is seeking additional payment of $28.9 billion along with penalties and interest for the tax years spanning 2004 to 2013. Microsoft’s transfer pricing strategies are under protest by the…
In a noteworthy development for legal professionals, California Governor Gavin Newsom recently signed into law a bill that markedly changes the landscape of litigation pending arbitration appeal. The law now permits plaintiffs in California to continue pursuing their claims throughout the duration of an appeal to an order denying a petition to compel arbitration. On…
In a recent development in Ohio’s legal sphere, Elliot Gaiser, a Jones Day associate, who gained considerable experience while clerking for US Supreme Court Justice Samuel Alito, has been appointed as Ohio’s new solicitor general. Bloomberg Law reported the appointment. Gaiser will officially assume his role on Nov. 20, following an announcement made by Attorney…
The US Court of Appeals for the Federal Circuit’s decision in In re Cellect has sparked discussions among legal professionals, especially those in the intellectual property sector. The decision has been seen as dealing a blow to patent term adjustment (PTA), and hence has consequential implications for businesses and law firms alike. The court clarified…
Donald Trump, former President of the United States, recently challenged a partial gag order in his ongoing federal election obstruction case in Washington. This gag order barred him from publicly criticizing witnesses, prosecutors, and court staff associated with the case. The appeal of this order highlights the ongoing tension between the court’s discretion to maintain…
In a noteworthy occurrence, the 11th Circuit Court of Appeals granted a preliminary injunction in favor of the American Alliance for Equal Rights (“AAER”) against Fearless Fund Management LLC. The latter, a company run by black women, was accused by the AAER for purported violation of Section 1981 of the Civil Rights Act of 1866….
The United States Patent and Trademark Office (USPTO) recently pushed forth a Notice of Proposed Rulemaking concerning pre-issuance internal circulation and review of decisions by the Patent Trial and Appeal Board (PTAB). This announcement occured on October 6, eliciting significant interest from the global legal community given its potential impacts on patent trials and appeals….
On Monday, the US Supreme Court issued an order blocking a lower court mandate that would have prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing its rule against partially assembled firearms and “weapons parts kits,” colloquially known as “ghost guns.” The legal issue at hand revolves around an ATF rule promulgated…
In a recent development, the Ninth Circuit Court of Appeals has rekindled a dispute initiated by Airlines for America (“A4A”), an airline trade collective, on the Healthy Airport Ordinance brought forward by San Francisco. These mandates necessitate any airlines utilizing San Francisco International Airport, city-operated, to offer complete coverage of healthcare plan costs. This mandate…
In a noteworthy development, the Federal Trade Commission (FTC) has decided to abandon its challenge against Axon Enterprise following a loss at the Supreme Court. The case, formally known as Axon Enterprise, Inc. v. Federal Trade Commission carried significant implications for the FTC review process. As reported by JD Supra, Axon Enterprise Inc., a manufacturer…
As Trump attorney John Eastman’s California State Bar disciplinary trial enters a critical phase, retired federal appeals court Judge Janice Rogers Brown, a self-described election integrity advocate, and a former law student of Eastman’s are set to bolster his defense. Depending on the outcome of the trial held before State Bar Court Judge Yvette Roland,…
In recent legal developments, the U.S. Court of Appeals for the Third Circuit ruled in a non-precedential opinion on September 22, 2023, that a school bus transportation company was not required to be defended by its insurer following an alleged student assault on a bus. The court stated the harm did not result from the…
On February 22, 2021, a crucial verdict was delivered by the Third Circuit Court of Appeals concerning the Fair Credit Reporting Act (FCRA). The court held that a furnisher who receives notice of an indirect dispute has an unambiguous duty to investigate. This came as a response to the increasing cases of identity theft, where…
The US Supreme Court recently declined to hear an appeal from North Carolina over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. The Supreme Court’s denial leaves in place a lower federal court ruling that the law violated the First Amendment rights when enforced against “newsgathering activities”. The…
In an opinion that legal professionals should note, the United States Court of Appeals for the Fifth Circuit has parsed an important distinction between classwide liability theories and classwide damages theories. The recent judgement was delivered in the case of Sampson v. United Servs. Auto. Ass’n, detailed at JD Supra. This judgement serves as a…
This week in legal news, the Ninth Circuit is taking into consideration the circumstances under which an unnamed plaintiff in a putative class action has standing to appeal. The discussion revolves around the case – Mark Habelt and Public Employees’ Retirement System of Mississippi v. iRhythm Technologies, Inc. et al.. The report, published by Morrison…
The European Commission recently mandated that the DNA sequencing titan Illumina would have to divest Grail, a company that specializes in liquid biopsy. The wording of this injunction specifies that the resultant separation must bring Grail back to the same level of robustness and competitiveness it enjoyed prior to the acquisition. The responsibility for selecting…
In a significant legal development, Governor Gavin Newsom recently signed into law a bill altering the automatic stay rule during appeals in California. The law stipulates that California trial court proceedings are not automatically suspended when an appeal is made of an order dismissing or denying a petition to compel arbitration. From January 1, 2024,…