The Seventh U.S. Circuit Court of Appeals has made a significant ruling related to the Federal Communications Commission (FCC) guidance, specifically questioning its guidance addressing the Territory Consumer Protection Act (TCPA). The court took a different stance than the FCC, primarily on the matter of whether or not faxes offering a “free dinner” violated TCPA…
On September 5, 2023, a decision by the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) underscored the Public Utility Regulatory Policy Act’s (PURPA) empowering provisions for Federal Energy Regulatory Commission (FERC). For legal context, the PURPA was established to encourage growth and involvement of small-scale renewable generating systems. The decision, released in…
The US Court of Appeals for the Ninth Circuit has temporarily blocked a California statute barring firearm advertising which appeals to minors, a groundbreaking decision set to produce reverberations through the legal and advertising industries, and indeed, the broader public. The decision overturns a previous decision by the US District Court for the Central District…
In a reaffirming decision by the United States Court of Appeals for the Second Circuit, commercial lenders are likely to see a shift in their operating landscapes. The recent judgement in Kirschner v. JP Morgan Chase Bank, N.A., ruled that a syndicated term loan is not considered a security. This affirms a precedent set by…
Depositions, an integral part of the pretrial discovery process, serve as a powerful means to prepare for a trial. They empower parties to compile details related to non-privileged matter that bears relevance to a party’s claim or defense. Nonetheless, one may wonder what role a deposition continues to play once a trial has concluded. This…
Recent legislation from the U.S. Court of Appeals for the Ninth Circuit has emphasized employer’s duty to adhere to attestations made under the Labor Condition Application (LCA) to pay its foreign national employees during their authorized employment period. This comes as part of the case Persian Broadcast Service Global, Inc. v. Walsh. The genesis of…
The concept of obviousness-type double patenting (ODP), while wrought with complexity, continues to hold significant weight in intellectual property law. In a recent case, the Court of Appeals for the Federal Circuit (CAFC) asserted the ongoing relevancy and legitimacy of ODP as a challenge to patent validity. This analysis was carried out by the CAFC…
In a noteworthy development, the Ninth Circuit Court of Appeals has upheld a district court order denying a motion to compel arbitration of a plaintiff’s discrimination claims in Perez v. Discover Bank. The Ninth Circuit found the mandatory arbitration clauses in student and consolidation loan agreements, which were signed by the plaintiff, did not necessitate…
In an unusual sequence of events, Judge Allison Riggs moved from the Court of Appeals to the Supreme Court in the span of a mere three days. This occurrence represents a particularly swift transition within the US judicial system. The action began on Monday when Governor Cooper decided to elevate Judge Riggs from the Court…
In a significant legal development, the U.S. Court of Appeals for the Second Circuit has issued its ruling on the highly anticipated case, Marc S. Kirschner v. JP Morgan Chase Bank, N.A., et al. This decision was announced on August 24, 2023, bringing a complex legal argument to a critical juncture. This case revolves around…
The Supreme Court of North to provide guidance to unrepresented litigants, a recent move drawing attention within the legal community. This development comes amidst an increasing number of queries and filings from unrepresented individuals, many of whom grapple with the navigation of the legal system. Among the challenges they often encounter include misunderstanding the appropriate…
As we emerge from the treacherous labyrinth of this pandemic, the resultant aftershocks are juddering through the fabric of our legal landscape, particularly on the terrain of contract law. Like the COVID-19 virus, COVID-related contract claims have not gone away, manifesting in myriad ways that continue to test the boundaries of law. One such frontier…
The City of Atlanta recently opted not to confirm a multitude of signatures gathered by protestors against the construction of a police and fire training center, known colloquially as “Cop City”. This decision unfolded after the Eleventh Circuit Court of Appeals issued a judicial stay earlier this month. Activists, combined under the banner of the…
The Texas Supreme Court has recently implemented modifications to the Texas Rule of Appellate Procedure 28.3. This change was precipitated by a recent legislative mandate that necessitates the state’s 14 intermediate appellate courts to provide clear explanations when denying petitions for permissive appeal, according to Butler Snow LLP. This amendment elevates the significance of permissive…
In a significant legal move last month, Illinois upheld the charitable tax exemption for hospitals, marking a moment to remember for hospitals and legal professionals who work with non-profit organizations. The case, referred to as Carle Foundation v. Dept. of Revenue, played out in the Fourth District Court of Appeals, which sustained a previous court…
In the past year, several federal appellate courts have breathed new life into lawsuits accusing universities of contract breaches with students. These institutions made the switch to remote learning amidst the COVID-19 pandemic’s peak, a decision that left students grappling with unchanged tuition and fees despite the altered learning format. Among these is a class-action…
In an era where “Made in USA” claims carry significant weight for consumers, the Federal Trade Commission (FTC) recently took action against Massachusetts and New Hampshire-based clothing companies for deceptive labeling practices as reported by Above the Law. The “Made in USA” label is often associated with quality and adherence to stringent American manufacturing standards….
In a landmark decision on August 10, 2023, the US Court of Appeals for the Second Circuit decertified an investor class in the case Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc. The judgement has been notably recognized as adding a considerable obstruction to securities class action plaintiffs, shaking up the way such cases…
The United States Court of Appeals for the Fourth Circuit recently issued a pivotal opinion in the ongoing Marriott Data Breach MDL Litigation. The Fourth Circuit overturned a district court’s classification decision, stating that the court made a mistake in certifying damage classes against the Marriott defendants without initially addressing the potential enforceability of a…
In an important ruling on August 21, 2023, the United States Court of Appeals for the Tenth Circuit upheld the dismissal of a consolidated putative class action that accused a leading aerostructures manufacturing company and some of its executives of contravening Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), and Rule…
The dynamics of court cases involving the United States government and the False Claims Act (FCA) continue to evolve, as highlighted by a recent ruling. After a hefty jury verdict following an extended trial, the United States Court of Appeals for the Fifth Circuit refused to dismiss the government’s intervening complaint as a punishiment for…
The United States Supreme Court has recently made the decision to grant certiorari in the case, Moore v. United States. This hearsay will provide a review of the judgment made by the Ninth Circuit Court of Appeals on the application of the “transition tax”, instated under Section 965. The transition tax originated as part of…
On August 23, 2023, in a significant development within the legal landscape, the United States Court of Appeals for the Second Circuit arrived at a mixed verdict on a putative securities class action against a property and casualty insurer (referred to as the “Company”). Alongside the Company, diverse corporate officers and board members, the Company’s…
On August 7, 2023, the U.S. Court of Appeals for the Second Circuit made an important review and clarification of the appropriate legal standard for analyzing claims of retaliation under Title VII of the Civil Rights Act of 1964. The case at hand was Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL…
In a noteworthy ruling this month, a federal judge in Maryland has approved a motion for class certification in a suit that was filed by several homeowners against their lender, MBA Mortgage Services. The homeowners allege that they were overcharged for title and settlement services as part of a clandestine kickback arrangement between MBA Mortgage…