In a significant decision, the Arizona Court of Appeals has ruled Arizona’s COVID immunity statute, A.R.S. § 12-516, as unconstitutional. A.R.S. § 12-516, often referred to as the COVID immunity statute, stipulates that a health care professional or institution cannot be held liable for treatment arising out of illness related to a pandemic, such as…
The legal relationship between the California state bar and state government is currently being scrutinized by the U.S. Court of Appeals for the Ninth Circuit, an issue that directly influences the outcome of a federal disability-accommodation lawsuit. The relationship between the state bar and the government has broad implications on the question of whether the…
In a significant legal development, a California Court of Appeals recently ruled that a solar energy company is subject to a California Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA) claim. The Court’s decision, made on August 30, 2023, explored whether the Rosenthal FDCPA protects a non-party to an agreement to pay for electricity produced…
In a recent wave of developments, the New York State Court of Appeals has upheld three decisions that unmistakably sway in favor of defendants in cases alleging violations of Section 240(1) of the New York State Labor Law. According to legal news reported by Kennedys on JD Supra, this shift in verdicts may signal significant…
In a substantial development aimed at clarifying standards for Title VII retaliation claims, the Second Circuit Court of Appeals ruled in Carr v. New York City Transit Authority. The decision comes in the wake of a similar determination by the Fifth Circuit Court of Appeals which clarified its perspective on properly pled Title VII disparate…
On Monday, September 18, 2023, the Court of Appeals of Georgia issued an intriguing ruling in the case of Smith v. Smith, centered around a divorcing couple’s dispute over a single viable embryo conceived through fertility treatment. This marked an issue of first impression in Georgia where the court mirrored the approach many courts around…
In a recent ruling by a Washington state appeals court, a new trial was sanctioned in a case involving an accusation against a counselor at a state-operated Child Study and Treatment Center, who was alleged to have sexually abused a minor patient. A significant factor leading to the court’s decision was the finding that a…
On September 7, the District of Columbia Court of Appeals rendered a significant judgement wherein it invalidated a key portion of the D.C. Anti-SLAPP Act. The court’s decision arose from a case referred to as Banks v. Hoffman. In this ruling, the court deemed that the discovery-limiting features of the Anti-SLAPP Act’s special-motion-to-dismiss procedure were…
In a recent ruling, the 4th U.S. Circuit Court of Appeals determined that a fired high-level IT worker, claiming discrimination due to his medical condition, was not entitled to either a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA). The case was instead adjudicated by a bench…
In the often complex world of law, a recent case study offers insightful lessons for legal professionals, particularly those involved in matters related to tax and estate planning. A recent opinion from the 3rd Circuit U.S. Court of Appeals reinforced the intricacies involved in deathbed gifts which can have far-reaching tax implications if not conducted…
The third week of September 2023 provided several noteworthy legal developments that may be of interest to legal professionals. A key ruling emerged from the U.S. Seventh Circuit Court of Appeals in Chicago, centering on a disability accommodation, discrimination, and related claims case. The lower court’s dismissal of the case involving an Indiana hospital department…
The latest case report from the Federal Appeals Circuit, concerning Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., (Appeal Nos. 2021-2299, -2338) provides an illuminating analysis of precedent concerning design patents and infringement scope. Dated September 15, 2023, this decade-old case offers fresh insight into the domain of intellectual property law, particularly in…
Design patents play a distinct role in intellectual property law, often winding up in disputes between competitors. These cases can frequently escalate all the way to the Federal Circuit for review, if settlements are not reached. A prime example of this is last week’s significant decision in Columbia v. Seirus, which stirred prominent discussions in…
A U.S. Federal judge on Monday blocked the enforcement of a law in Texas aimed at restricting books in schools. The controversial law in question is House Bill (HB) 900. This piece of legislation, which was embraced by the Texas Legislature and endorsed into law by Governor Greg Abbot, demanded the Texas State Library and…
The Virginia State Bar is currently accepting applications to fill a vacancy in the Court of Appeals. Interested applicants should expedite their engagement, as the materials for their candidacy need to be submitted via email to judicialeval@vsb.org. This news came to the fore through an article from a leading legal news portal. More detailed information…
In a recent turn of events, the North Carolina Court of Appeals rendered an opinion on whether documents held solely by a third-party contractor, absent within public bodies, are counted as public records under the purview of the North Carolina Public Records Act. This key interpretation essentially addresses the gray area surrounding the public records’…
In considerable news from England and Wales, the Law Commission has completed a thorough review of the Arbitration Act 1996. As part of its investigation, the commission has proposed several modifications and additions. This development presents a noteworthy moment in the legal landscape of arbitration. The Law Commission made the results of its long-anticipated analysis…
In a recent shift in precedent, the Eleventh Circuit court of appeals upheld, on summary judgment, the University of Miami’s decision to implement remote learning during the surge of the COVID-19 pandemic. Cited in the case of Dixon v. University of Miami (75 F.4th 1204 (11th Cir. July 31, 2023)), the ruling is viewed as…
On September 12, the Arizona Supreme Court refrained from reviewing a case labeled ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR. Although this decision may seem unremarkable at a glance, its implications for the software-as-a-service (SaaS) industry are profound. By allowing the Arizona Court of Appeals opinion in the same case to stand (254…
In an intriguing turn of legal events, the California Court of Appeals has found that a solar energy agreement can provide a basis for a Rosenthal Fair Debt Collection Practices Claim made by a non-party to the agreement. The case under the microscope was Hagey v. Solar Service Experts, LLC. It is an important development…
In a legal development from the District of Connecticut, the international law firm, White & Case LLP, has been barred from representing a defendant in a major dispute linked to acts of drug-related terrorism. The Second Circuit Court of Appeals, bringing its weight to the case, refrained from overturning the ruling, declaring that it did…
In the latest legal proceedings, the Ninth Circuit has turned its attention towards a two-pronged approach: assessing personal jurisdiction in a trademark declaratory judgment action and evaluating an agency’s decision to circumvent an environmental-impact statement in terms of a forest-fire-management project. Legal professionals would be aware that personal jurisdiction is a fundamental aspect of legal…
In a recent ruling, the U.S. Court of Appeals for the Ninth Circuit upheld a decision denying the Lummi Nation fishing rights in the waters of Washington’s North Puget Sound. The court’s verdict was based on the interpretation of a 1974 court decree relating to tribal fishing rights. The Lummi Nation had been asserting rights…
In a recent development, the Fifth Circuit Court of Appeals has ruled that an uninsured motorist (UM) coverage did not apply to an accident involving a Lyft driver, where there was no evidence of a “hit” from the uninsured vehicle in the case of Neptune v. Indian Harbor Insurance Co. While it is a common…
The 8th U.S. Circuit Court of Appeals recently upheld a lower court’s grant of qualified immunity to the University of Iowa and its officials. The lawsuit was initiated by a graduate student, anonymously named as John Doe in proceedings, who was expelled on charges of sexual assault and sexual harassment. The student sought to challenge…