The recent decision by the Armed Services Board of Contract Appeals (ASBCA or Board) in Appeal of StructSure Projects, Inc. has unveiled a potential new avenue for federal contractors to recover additional costs related to the COVID-19 pandemic. This comes as relief for many federal contractors who have been grappling with increased expenses in the…
In an noteworthy ruling on August 24, 2023, The United States Court of Appeals for the Second Circuit upheld a decision from the District Court concluding that syndicated loans are not to be regarded as securities. This decision was part of a securities fraud case sparked by a Chapter 11 bankruptcy trustee, who sought to…
In a significant legal decision that may have far-reaching implications, a Texas District Court has declared the state’s preemption law unconstitutional. The contentious law, which has been caught in an ongoing legal battle, pertains to the state’s attempt to nullify local enactments on employment and other matters that contradict or exceed the provisions of state…
In an important legal development for the world of cryptocurrencies, the D.C. Circuit Court of Appeals has overturned a previous order from the Securities and Exchange Commission (SEC), which had previously denied Grayscale Investments’ application to list a spot Bitcoin exchange-traded fund (ETF) on NYSE Arca. This incident took place on Tuesday, August 29, 2023….
On July 24, 2023, a significant ruling was made by the United States Court of Appeals for the Federal Circuit in the case of United Therapeutics Corp. v. Liquidia Technologies, Inc. The verdict affirmed the prior decision of the United States District Court for the District of Delaware, which held distinct positions concerning different patent…
The U.S. Court of Appeals for the Eighth Circuit has provided clarification on the conditions necessary for a treating physician to provide expert testimony regarding the cause of a plaintiff’s injury. The court stated that such a physician must submit an expert report in line with Federal Rule of Civil Procedure 26(a)(2). The elucidation was…
Special attention should be given to the landmark legal case Cactus Water Services LLC v. COG Operating, LLC in the Texas Court of Appeals, as it raised an intriguing question about the ownership of produced water in Texas. In this case, as reported by JD Supra Legal News, a divided court ruled in favor of…
A special committee has requested the U.S. District Court to dismiss a lawsuit from 96-year-old Judge Pauline Newman that aims to halt an investigation into her competency. The committee, leading the inquiry, submitted their request during a hearing on Friday. The panel from U.S. Court of Appeals for the Federal Circuit argued in their 67-page…
In a significant ruling, the Tenth Circuit Court of Appeals has bolstered the position of ERISA (Employee Retirement Income Security Act of 1974) with a decision favoring pharmacy benefit managers (PBMs). The case, Pharmaceutical Care Management Association v. Mulready, highlighted the ongoing tension between state laws and the powers granted by the aforementioned federal statute….
In an important recent development, the U.S. Court of Appeals for the Second Circuit made a significant decision that could impact financial regulations in the country, and potentially alter the landscape of legal practice for corporate attorneys worldwide. They affirmed a prior ruling in the case of Kirschner v. JP Morgan Chase, which centered on…
A federal appeals court has breathed new life into Republican Representative Scott Perry’s legal battle to prevent the Justice Department from scrutinizing his mobile phone records in connection with an ongoing investigation into former President Donald Trump and his allies’ efforts to overturn the 2020 election outcome. Perry had earlier resisted the Special Counsel’s access…
In the ongoing legal fray around the powers of the Securities and Exchange Commission (SEC), significant development has taken place recently. On August 28, the SEC filed a petition for writ of certiorari with the U.S. Supreme Court, seeking to overturn a previous decision by the U.S. Court of Appeals for the Fifth Circuit that…
A memo from the National Labor Relations Board’s legal chief, Jennifer Abruzzo, which targets companies’ mandatory anti-union meetings, has withstood a second industry challenge in federal court. A federal district court in Texas ruled that it lacked jurisdiction to hear challenges to Abruzzo’s prosecutorial decisions, which include a memo postulating that ‘captive audience meetings’ breach…
In a decisive ruling on August 24, 2023, the Second Circuit Court of Appeals has firmly established that syndicated term loans do not count as securities in the much-anticipated case of Kirschner v. JP Morgan Chase Bank N.A., et al.. The Court’s verdict upheld the decision of the district court, confirming the market’s longstanding interpretation…
In a recent decision, the Ninth Circuit Federal Appeals Court has ruled that a lawyer representing himself in a dispute should not be granted the same degree of liberal pleading standards that non-attorney pro se litigants receive. Read more in the detail account covered by Bloomberg Law. James Huffman, the attorney in question, found himself…
With the Aug. 7, 2023, Fifth Circuit Court of Appeals decision to issue a nationwide injunction in the case of Career Colleges and Schools of Texas v. Cardona, protocols for responding to borrower defense claims are now top of mind for many. The court’s move prevents the U.S. Department of Education (ED) from enforcing the…
In a recent ruling that may have substantial implications for the artificial intelligence (AI) industry, the Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company. The striking down of these patents was facilitated by the application of the two-step Alice test. The detailed discussion of this decision can be heard…
The renowned Woods Rogers Vandeventer Black law firm is hosting its 42nd annual Labor & Employment seminars. The law firm prides itself on offering a conducive environment for the exchange of knowledge and information related to labor and employment law. “Back on Track” is set to take place on October 26th in Charlottesville, VA. The…
In a recent development, the Austin Court of Appeals has ruled that Production Sharing Agreement (PSA) Wells do not necessitate pooling authority. The application of horizontal drilling in Texas’ oil and gas production has been vastly modified over the past decade. The technique has enabled producers to reach enormous mineral resources that were previously unattainable…
The US Court of Appeals for the Ninth Circuit has reissued its opinion for the second time in a lawsuit challenging United Behavioral Health’s (UBH) internal mental health coverage guidelines, according to a recent report on JD Supra. Last week, in its third opinion in the case, the court reversed a lower court’s decision that…
On July 17, 2023, a report from JD Supra shed light on a recent development in patent infringement law, providing valuable insight for legal professionals specializing in intellectual property disputes. It seems the Patent Trial and Appeals Board (“PTAB”) exercised its discretionary powers under 35 U.S.C. § 314(a) to deny the initiation of an inter…
In a recent en banc decision, the Workers’ Compensation Appeals Board (WCAB) has affirmed its position against “vocational apportionment”. This decision was made public on June 22, 2023, in the case of Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation Insurance Fund (ADJ8210063; ADJ8621818). Vogational apportionment can be a…
In a significant judgement on August 25, 2023, the U.S. Court of Appeals for the Fifth Circuit nullified the U.S. Nuclear Regulatory Commission’s (NRC) license issued to Interim Storage Partners, LLC (ISP) for its temporary spent nuclear fuel storage facility in Texas. Familiarly referred to as a Consolidated Interim Storage Facility (CISF), the court found…
An Indiana appeals court has dismissed a derivative malpractice lawsuit filed by a shareholder in a consumer collections law firm against the outside attorneys tasked with assisting his office’s merger with a larger organization. The plaintiff in the case, Glenn Vician, was arguing against lawyers from the firm Bingham Greenbaum & Doll LLP. His lawsuit…
In a forthcoming high-profile event, Bricker Graydon’s Higher Education Team announces its partnership with John Carroll University to host a one-day in-person Title IX Training. University Heights in Ohio will play host to this event come September 11th. Further details can be found at JD Supra. The training session is strategically designed to cover key…