In an important verdict, the Massachusetts Appeals Court ruled in the case of Tufts Medical Center v. Dalexis et. al., that a hospital employer’s insistence on obligatory overtime constitutes a failure to engage in the interactive process. The court held that the hospital discriminated against and constructively discharged a disabled nurse by not exempting her…
The U.S. Supreme Court took several noteworthy actions in early October: it denied an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, declined an examination of New Jersey’s “slogan statutes,” and rejected an appeal from John Eastman, a former clerk to Justice Clarence Thomas, among other actions. The Court’s denials are…
Understanding the intricacies of the Virginia Alcoholic Beverage Control Act can be pivotal for companies in the wine, brewery, and retail industry, particularly those looking to engage in direct-to-consumer (DTC) sales across multiple states. As the legal landscape continues to develop, recently there’s been a shift in perspective, scrutinizing the licensing requirements for out-of-state online…
The US Supreme Court started its Fall 2023 term this Monday with a case probing into the federal sentencing laws. This case, Pulsifer v. United States, looks at whether a nonviolent drug offender can receive a sentence below the mandatory minimum for their offense if they do not meet all three disqualifying conditions in 18…
The United States Court of Appeals for the Eleventh Circuit has decided on a vital aspect of whistleblowing lawsuits pertaining to the Sarbanes-Oxley Act (SOX). On September 25, 2023, in Ronnie v. Office Depot, LLC, the court clarified what constitutes a whistleblower plaintiff’s “reasonable belief” that their employer violated SOX, adopting a “totality of the…
In a recent unexpected development, chip maker NVIDIA and its CEO, Jensen Huang, face securities fraud claims. According to a 2-1 decision from the United States Court of Appeals for the Ninth Circuit, these claims have been revived under Section 10(b) and Rule 10b-5. In light of this revelation, industrial legal eagles should not only…
In a recent legal development, the Delaware Supreme Court rejected the viability of ‘no-injury’ medical monitoring claims. This judicial decision comes as part of an ongoing coverage of issues in medical monitoring. The court was answering a certified question from the U.S. Court of Appeals for the Third Circuit relating to whether no-injury medical monitoring…
On July 21, 2023, the Fifth Circuit Court of Appeals came to a pioneering conclusion about the actions of the Commodity Futures Trading Commission’s Division of Market Oversight (DMO). A three-judge panel declared that the DMO possibly displayed arbitrary and capricious behavior, potentially breaching the Administrative Procedure Act. This attack was directed at the DMO’s…
The Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) recently filed an amici curiae brief, urging the U.S. Court of Appeals for the Second Circuit to overturn a district court’s judgement. The decision pertained to a furnisher’s investigation of a consumer dispute and subsequent supply of the contested information, a stance deemed reasonable…
The Massachusetts Port Authority (“Authority”) has lodged a formal petition to the United States Environmental Protection Agency’s (“EPA”) Environmental Appeals Board (“EAB”) challenging the National Pollutant Discharge Elimination System (“NPDES”) Permit issued by Region 1. Spearheaded by the reputable legal firm, Mitchell, Williams, Selig, Gates & Woodyard, the document titled ‘Petition for Review of Massachusetts…
In a recent Mississippi Court of Appeals decision, public bodies are now required to not only explain why a low bidder isn’t the best bidder, but also justify why the bidder they have chosen is indeed the “best” bidder. As many contractors know, when bidding for a public job, it’s the lowest and best bidder…
There was a time when every federal judge was hailed as a superstar, an embodiment of legal excellence, a beacon of the justice system. This eminent stature of federal judges seems to have lost a bit of its shine in past years due to controversial appointments ranging from dubious qualifications to inexperienced appointees. Loons, unseasoned…
In the Autumn 2023 issue of The Employment Law Reporter, a variety of developments in employment law were discussed, providing corporate legal professionals with the latest insights into this critical field. One of the features of this issue recounts a recent decision by the U.S. Court of Appeals for the Second Circuit. This respected Federal…
The US Supreme Court recently made public its orders following its September ‘long conference’. At the conference, the court granted certiorari for 12 cases on Friday and a further two cases on Monday. These cases are set to be argued in the Winter term, either in January or February. All cases put forward in Friday’s…
The Appellate Style Guide in North Carolina has recently seen an update, as reported by JD Supra. It is an essential tool for legal professionals, especially for those who handle appeals in this state. The guide, meticulously put together by the state’s Appellate Rules Committee, is updated regularly to incorporate new changes in legal norms…
In a recent development, the U.S. Court of Appeals for the Federal Circuit has upheld the $2.7 million attorneys’ fee award in favor of Domino’s Pizza. The decision supported a 2021 ruling by Judge Sabraw of the U.S. District Court for the Southern District of California. The case in question involves a menu patent suit…
In the high-paced sphere of commercial real estate, there are instances when buyers and sellers may not be able to complete all contractual obligations before the closing of the deal. Often, they will specify certain “post-closing” matters within the contract. Regrettably, if these provisions are not meticulously drafted to “survive” the closing process, their terms…
The US Court of Appeals for the 11th Circuit has temporarily enjoined a venture capital fund’s contest that awards Black women-run businesses according to an appeal from the US District Court for the Northern District of Georgia Atlanta Division. The plaintiff, American Alliance for Equal Rights (AAER), argued that the Fearless Strivers Grant Contest, facilitated…
The Organization of American States (OAS) recently expressed strong condemnation of the recent actions taken by Guillermo’s attorney general. According to the OAS, these acts involve delays and fraud allegations related to recent regional election results, which are considered unconstitutional and part of broader tactics to intimidate and cast doubt on the electoral process. This…
Turkey’s Supreme Court of Appeals recently upheld much of the controversial Gezi Park ruling. The social and political upheaval, named after a central park in Istanbul, sprung from anti-government protests in 2013. Alongside this ruling, the court decided to maintain the life sentence without parole awarded to civil rights activist and philanthropist, Osman Kavala, along…
On September 1, 2023, the Managed Funds Association along with a consortium of private equity and hedge fund trade groups filed a lawsuit against the U.S. Securities and Exchange Commission (SEC), contending that the Commission had exceeded its given statutory authority by implementing new advisement rules specially for private funds. This litigation was lodged at…
The US Court of Appeals for the Fifth Circuit has consented to reconsider its prior ruling that a provision of the Mississippi Constitution — one that permanently disallows people with certain felony convictions from voting — is unconstitutional. This development came about last Thursday. The reconsideration of the case, which pertains to Section 241 of…
The Court of Appeals for the First Appellate District of Ohio recently upheld a jury’s verdict, ruling in favour of a doctor and a plastic surgery center implicated in a medical malpractice suit. The suit originated from the family of a patient who passed away due to medical complications following treatment. The patient’s family alleged…
Another setback was handed to Donald Trump last night, as the New York appeals court rejected his plea for a postponement on the upcoming civil fraud trial instigated by Attorney General Letitia James’ office. Roughly a week ago, Trump implored the First Judicial Department to persuade trial judge, Justice Arthur Engoron, to make a decision…
With another eventful week in appellate news, the legal community continues to weigh and interpret several critical developments. This summary of the week’s key stories includes highlights from Howard Bashman’s How Appealing blog, a trusted online platform that provides timely information on appellate litigation. One significant matter of interest for legal observers remains the current…