The North Carolina Court of Appeals handed down a significant ruling last month that could potentially open the doors to criminal prosecution in the skill-based gaming sector. The court overturned a trial court injunction, which had previously prohibited law enforcement from pursuing criminal charges against litigants who are purportedly operating illegal gambling machines, a clear…
A panel of three judges on the US Court of Appeals for the Fifth Circuit delivered a ruling against environmentalists who disputed permits granted by the Federal Energy Regulatory Commission (FERC) and U.S. Army Corps of Engineers (the Corps) for a Louisiana-based liquid natural gas terminal and pipeline, known as the Driftwood project. Sierra Club…
The mootness of an appeal raises crucial questions about its consequential treatment in the lower court hierarchy. The recent incident with the North Carolina Supreme Court sparks these questions into the limelight once more. The Supreme Court of North Carolina voted narrowly last week to vacate an opinion from the Court of Appeals following the…
In a recent ruling, the European Court of Justice (ECJ) dismissed an appeal by Gennady Timchenko, a Russian billionaire and close ally of President Putin, to re-evaluate the sanctions placed against him. Timchenko landed on the European Union’s sanctions list following the 2022 Russian incursion into Ukraine. Known for his significant role in the energy…
In a case before the California Supreme Court, PG&E Corp faces potential damages exceeding $2.5 billion for alleged negligent power shutoffs. Hailing from St. Helena, California, Anthony Gantner brought forth the negligence class action as an adversary proceeding during PG&E’s bankruptcy. This case presents the California Supreme Court with significant questions regarding the appropriateness and…
In a significant ruling in the realm of securities law, the United States Court of Appeals for the Second Circuit reaffirmed a judgment from the United States District Court for the Southern District of New York. The court’s decision dismissed allegations brought under state securities laws against certain banks acting as the arrangers (“Defendants” or…
In an intriguing development, the Armed Services Board of Contract Appeals (ASBCA) has seen fit to award COVID-19-related expenses to a contractor working under a fixed-price contract, in the case of StructSure Projects, Inc. This information is found here. Though detailed information regarding the entire context of this case may not currently be accessible, certain…
On Tuesday, four Hong Kong university students’ attempt to overturn their riot convictions and sentences through appeal were collectively refused by the Hong Kong Court of Appeal. Judge Derek Pang Wai-cheong expressed the court’s constrained patience towards riot defendants who claim to be reporters or humanitarian workers, without providing testimonies at their trials. this was…
A US federal judge has instructed the state of Texas to shift its controversial floating barrier from the central waters of the Rio Grande to the riverbank. The judge’s orders come as a preliminary injunction document that was granted on Wednesday by US Senior District Judge David Alan Ezra, as a result of the US…
In a recent ruling, an Ohio appeals court reversed and remanded a jury verdict of nearly $1 million relating to a medical malpractice case, citing prejudicial errors and improper jury instruction at the trial court level. These errors, according to the appellate court, compromised the defence’s case warranting a new trial. The September 1 opinion…
September has brought some important updates from the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). Their recently published Oral Hearing Guide on August 31, 2023, brings changes that could shift the way hearings are handled at this high-level litigation forum. The notable advancement comes in the form…
In a recent turn of events, differing rulings have emerged from separate United States Courts of Appeals concerning their interpretation of Sections 253 and 332 of the Communications Act, according to JDSupra. Initially introduced to handle cases linked to wired telecommunication involving ‘California Payphone,’ this standard has been extended to include contrasting issues encompassing both…
The Maryland Appellate Court has dismissed the claims of a former Ashcraft & Gerel lawyer who argued that a sliding scale fee-sharing agreement unethically restricted her rights to practice and a client’s choice of counsel. Drawing on rulings from its sister courts, the court held the agreement to be ethical. Jamie Bennett, the lawyer in…
On August 16, 2023, the Court of Appeals for the Third Circuit brokered clarification concerning the test courts should use when determining if workplace uniforms or safety gear are integral and indispensable to an employee’s principal activities of employment. This clarification also extended to whether time spent dressing (donning) and undressing (doffing) should be compensable…
In an important decision that could have a profound effect on contractor litigation, the U.S. Court of Appeals for the Federal Circuit recently made a ruling that challenges long-standing precedents. The Federal Court stipulated that the “sum certain” requirement, which contractors must meet when claiming under the Contract Disputes Act (CDA), is not jurisdictional. This…
Richard Federico, President Joe Biden’s current nominee for the U.S. Court of Appeals for the Tenth Circuit, defended his past federal public defender role at a recent confirmation hearing. Amid criticism from Republican senators in the Senate Judiciary Committee, Federico elaborated on the positions he had taken on behalf of clients during his tenure in…
The relationship between deception and actual fraud within wire fraud litigation has long been a point of contention. However, in recent developments, the US Court of Appeals for the Third Circuit has given its stance on the matter. The court has categorically rejected the argument that a conviction for wire fraud necessitates the government demonstrate…
A recent litigation challenging the enforceability of the newly adopted Private Fund Adviser Rules under the Investment Advisers Act of 1940 (the “Advisers Act”) has stirred the legal landscape. The lawsuit, filed on Friday, September 1, 2023, at the federal Court of Appeals in the Fifth Circuit, is poised on the precipice of potentially significant…
In a recent legal development, the United States Court of Appeals for the Second Circuit reviewed whether certain state tort law claims relating to a tank explosion that resulted in significant injuries, were preempted by the federal Hazardous Materials Transportation Act (HMTA). As detailed by the court in Buono v. Tyco Fire Products, LP, 2023…
The Managed Funds Association (MFA), alongside five other industry groups, has initiated a legal battle against the U.S. Securities and Exchange Commission (SEC). The coalition contests the SEC’s newly instituted private fund advisers regulation. They assert that the rule extends beyond the scope of the SEC’s sanctioned power and infringes on contracts. According to the…
In a split decision on August 25, 2023, the United States Court of Appeals for the Ninth Circuit partially affirmed and partially reversed the dismissal of a putative class-action lawsuit against a renowned producer of graphics processing units along with some of its senior executives. The pertinent ruling came under the Securities Exchange Act, involving…
The U.S. Supreme Court has unveiled its list of seven cases to be argued in the November session, according to a report by SCOTUSblog. Two of the high-profile matters in this to-be-argued list are central to the exercise of the First and Second Amendment rights. A Second Amendment dispute, namely United States v. Rahimi, is…
In a recent decision by the United States Court of Appeals for the First Circuit, it was declared that no insurance coverage was available for a lawsuit as the insured party did not provide timely notice to the insurer. This ruling is noteworthy for legal professionals working with commercial clients who have adopted successive claims-made…
In a decision that holds significant implications for employers across the globe, the U.S. Court of Appeals for the Second Circuit, has recently issued an important reminder about overtime payment liabilities. The court has elaborated that employers, relying on their workers to report overtime for payment, might inadvertently be setting themselves up for substantial liability….
In a significant recent development, several private fund industry groups have made an appeal to the United States Court of Appeals for the Fifth Circuit. They are contesting the Securities and Exchange Commission’s adoption of the Private Funds Rule, which took effect on September 1, 2023. Here you’ll find the details on jd supra, the…