Following the U.S. Supreme Court’s updated interpretation of the Second Amendment in relation to firearms possession, as outlined in N.Y. State Rifle & Pistol Association v. Bruen, the Tenth Circuit stood firm on its previous doctrine confirming the validity of a federal prohibition on firearm possession by convicted felons, extending this to nonviolent felons. The…
In the world of ERISA litigation, keeping an eye on recent decisions can be informative and potentially impactful for corporations and law firms alike. This October 2023 edition of The Friday Five, provides a concise exploration of recent rulings. Saul Ewing LLP highlights cases that cover a wide array of topics, including the questionable effect…
In a notable development, the New York State Court of Appeals recently provided new insights on a long-debated subject in the legal world: the assumption of risk doctrine. The case under consideration involved an injured high school baseball player, whose case, the court has affirmed, must proceed to trial. The assumption of risk doctrine, as…
A legal professional working at Massachusetts Appeals Court recently encountered a significant setback in her bid for immunity from a lawsuit filed by a former staff attorney. The supervisor’s alleged ill-will towards the ex-staff attorney, who formerly served as a ghostwriter for justices, has been highlighted as a key factor in undermining her claim, according…
In a recent conversation with the legal news outlet Above the Law, Judge Pauline Newman discusses various issues she has faced in her judicial career, including current fitness complaints against her and her ongoing efforts to continue her work. At 95, Judge Newman is an active figure on the U.S. Court of Appeals for the…
In a critical case, Kenneth M. Krys as Liquidator of Fairfield Sentry Limited (in liquidation) v Farnum Place BVIHCVAP2013/0014, important perspectives on ‘final decisions’ during ongoing liquidation applications have been shared by the Court of Appeal. This case provides crucial insight for legal professionals dealing with similar circumstances, allowing practitioners to understand the thresholds for…
Recent legal developments in the United States Bankruptcy Court jurisdiction have brought forward fascinating insights about the intersection of constitutional law and bankruptcy law. In a rather interesting decision, the Fourth Circuit Court of Appeals held that the mootness of a claim does not bar a bankruptcy court’s jurisdiction. This issue revolves around Title 11…
In a recent shift in trademark litigation, a district court’s motion to dismiss was partially affirmed and partially reversed by the US Court of Appeals for the Sixth Circuit following a de novo review. The court found striking similarities between competing marks which were sufficient to steer clear of dismissal, an outcome that sparked discussions…
In a significant development within the field of Intellectual Property, the US Court of Appeals for the Federal Circuit has invalidated another series of antibody genus claims. The case was described as being “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v. Sanofi. The Federal Circuit concluded that…
In a recent court case, Elekta Ltd. v. Zap Surgical Systems (Case No. 21-1985), the US Court of Appeals for the Federal Circuit made a significant ruling. This appeals court affirmed a Patent Trial & Appeal Board unpatentability decision. The judgement noted the combination of prior art references only requires an implicit indication of a…
Donald Trump has returned to the spotlight once again, proving that he’s far from idle after leaving the White House. In fact, it’s been a frenzied few days for him, both in the courtroom and on social media. Even though he had a civil fraud trial scheduled in New York, Trump seems to have suddenly…
In an important reinterpretation of the Fair Credit Reporting Act (FCRA), the Third Circuit Court of Appeals has held that furnishers must investigate all indirect disputes forwarded by a consumer reporting agency (CRA), even those deemed frivolous or irrelevant. This ruling overturns the district court’s previous interpretation, under which a furnisher had discretion in deciding…
In the unfolding of a contentious wrongful death personal injury case, the appellant’s defense has brought an apportionment request to the Georgia Court of Appeals. While the appeal finds its origins in a defaulted defendant being liable for $25 million in damages, the opposing counsel classified this move as a desperate attempt to evade the…
In an anticipated legal opinion, the US Court of Appeals for the Federal Circuit has significantly narrowed the scope of “comparison prior art” in design patent infringements, as announced at this publication. This impacts prior art that is considered by the fact finder during an infringement analysis and brings a new alignment within the article…
In a pivotal decision on September 13, 2023, the Oregon Court of Appeals rendered a judgment regarding the insurer, Arrowood Indemnity Company’s (“Arrowood”), arguments about its duty to defend in environmental litigation. This case, in particular, related to the Portland Harbor Superfund site (“Superfund site”). The case, titled State of Oregon v. Pacific Indemnity Company,…
In recent legal developments, the Virginia Court of Appeals ruled on September 19, 2023 in the case of Fogleman v. Commonwealth of Virginia that sovereign immunity has not been waived under the Virginia Human Rights Act (VHRA). The ruling indicated that no waiver has been issued, neither expressly nor by necessary implication. This verdict was…
The US Supreme Court recently heard oral arguments in the case of Acheson Hotels, LLC v. Laufer. This case seeks clarity on the right of an individual to lodge a suit against a business for failing to provide disability accessibility information, even when the person has no immediate intention of visiting that business. The case…
The U.S. Court of Appeals for the Tenth Circuit recently reversed the decision of a district court, annulling the Rule 23 class certification in a collective action under Fair Labor Standards Act in the case of Brayman v. KeyPoint Government Solutions. The case was filed by employees of KeyPoint, a company known for offering investigative…
The U.S. Court of Appeals for the Seventh Circuit recently rendered a decision deeming that a class action case, which accuses Country Mutual Insurance of improperly amassing and retaining $3.5 billion in fiduciary duties and other legal obligations, should be tried in state court. The appellate court ruled that two exceptions to the Class Action…
In an important legal development, the Superior Court of New Jersey, Appellate Division, has overturned a previous $223.8 judgment against Johnson & Johnson. Set in 2020, the case related to allegations of asbestos-contaminated talcum powder. The appeal for this case was launched by Johnson & Johnson after being sentenced to pay such a large sum…
In a decision that has sent ripples through the legal community, the Ninth Circuit Court of Appeals has brought about the end of the EMTALA exception to Idaho’s stringent total abortion proscription, as stipulated in the I.C. 18-622. JDSupra has reported on the development in depth. The Emergency Medical Treatment and Labor Act (EMTALA) mandated…
The Colorado Supreme Court has recently granted certification to Masterpiece Cakeshop, a store familiar to the courts with its high-profile legal history, including the notorious 2018 U.S. Supreme Court case Craig v. Masterpiece Cakeshop. This progression comes after the Colorado Court of Appeals held that the bakery creating a pink cake with blue frosting did…
An intriguing development has come to light in the legal world this week as the verdict on a high-profile case saw a reversal. Last week, a New Jersey appeals court overturned a $223 million talc verdict against pharmaceutical giant, Johnson & Johnson. This decision was based on the plaintiffs’ experts, signaling a significant turn in…
The constitutionality of the Consumer Financial Protection Bureau (CFPB)’s funding mechanism is under scrutiny, with the U.S. justices appearing somewhat divided on the issue during Tuesday’s oral argument. The discussion has teetered on the challenges to Congress’s decision to provide funding for the CFPB through the Federal Reserve, as opposed to the typical annual appropriations…
As legal professionals, we often grapple with the precise interpretations of statutory language. One area of common consternation – the definition of “adverse employment action” and “privileges of employment” under Title VII of the Civil Rights Act. The Fifth Circuit Court of Appeals recently weighed in, shaping the contours of these constitutional debates, and inching…