Lawyers, corporate leaders, and human resource professionals should take note of a brewing legal dispute concerning employer responsibility around employee commute accommodations for disabilities. The divide within federal appeals courts on this issue may manage to resolve without the need for intervention by the US Supreme Court. The US Court of Appeals for the Seventh…
The United States Court of Appeals for the Second Circuit has recently passed a verdict decertifying a class of stockholders who had made allegations against Goldman Sachs. They claimed that the banking giant was maintaining an inflated share price by resorting to misrepresentations about its business principles and its policies related to conflicts-of-interest. The case…
In an intriguing turn of events, the US Court of Appeals for the Federal Circuit has made the decision to vacate and remand a Patent Trial & Appeal Board ruling that rendered a patent invalid. This move has been taken on the grounds of assessing nexus and weight, as reported by legal news outlet JD…
In an unexpected development, the Ninth Circuit has once again revised its opinion in the Wit v. United Behavioral Health case. Affirming its prior ruling that denied motion to vacate and superseding its prior Wit Opinion, the federal appellate court has been persistent in its adaptations. This index case involves patients struggling with mental health…
When it comes to operating in the increasingly digitised legal world, a keystone skill that many legal professionals must master is writing an SEO (Search Engine Optimization) friendly blog post. Contrary to what many might assume, this is not as complex a task as it may initially seem. Let’s delve into ways in which law…
In a recent development that may impact future interactions between artists and institutions, the US Court of Appeals for the Second Circuit has ruled that the Visual Artists Rights Act of 1990 (VARA) does not criminalize the covering of an artist’s mural, provided no damage is imposed upon the artwork. The preceding verdict was announced…
In recent legal news, a contentious case involving Southwest Airlines has garnered attention, due to what some have labelled as alleged “disingenuous argumentation”. The case revolves around Southwest Airlines’ response to a court order demanding its key personnel take training classes from a group recognized by the Southern Poverty Law Center (SPLC) as a hate…
In a notable development in motor-vehicle law, the appeal court decision in the case of Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 set a new precedent in Ohio. The court held that the alleged violation of the Assured Clear Distance Ahead (ACDA) statute was a separate cause of action, in and of itself. However,…
In a recent development from the sunshine state, Florida’s First District Court of Appeal has offered the legal community further insight into the alterations surrounding Florida’s summary judgment rule. This clarity came to light within the context of Whitlow v. Tallahassee Memorial Healthcare, Inc., (So. 3d, Case No. 1D21-3413) decided on August 16, 2023. For…
In a recent judicial development, the US Court of Appeals for the Federal Circuit has validated the Patent Trial & Appeal Board’s (PTAB) decision to invalidate two patents, signifying essential repercussions in the world of patent law. The ruling imparts that no disparagement does not amount to a “teaching away”, and free samples cannot testify…
In a recent ruling by the Utah Court of Appeals, the power and influence of integration clauses have been reinforced substantially. This judicial decision, as explored in this in-depth analysis, is particularly relevant for legal professionals involved in construction law and associated contracts, but its implications hold for many other sectors as well. During disputes…
In recent legal developments, the Fifth Circuit’s latest decision has further broadened the standard for Title VII claims against employers. As a result, certain employers in Texas could face an increased challenge when countering Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth Circuit made a…
Justice Clarence Thomas embarked on three ventures in 2022 either partially or fully funded by Dallas billionaire Harlan Crow, as disclosed in a financial disclosure form made public recently. The form also noted that Thomas flew by private jet on at least two of these excursions, which Thomas attributed to his security detail’s suggestion, particularly…
In a recent development that may interest legal professionals in top corporations and law firms, the Fifth Circuit Court of Appeals has expanded the bounds for bringing an adverse employment action. The intellectual transformation was seen in the case of Hamilton v. Dallas County on August 18, 2023. Prior to this case, interpretations were tightly…
In a significant legal development, the U.S. Court of Appeals for the Tenth Circuit recently made a ruling that could reshape the future state regulation of pharmacy benefit managers (PBMs). The case in question, Pharmaceutical Care Management Association (PCMA) v. Mulready, was decided on August 15, 2023, and tackled the complex relationship between state authority…
The Office of Open Records (“OOR”) has announced the full implementation of its E-File Appeal Portal in the summer of 2022. The intent behind this move is to create a single point of reference for all records associated with appeals. This new development aims at improving efficiency and ensuring that key documents are easily accessible….
In a notable ruling, the United States Court of Appeals for the District of Columbia Circuit has concluded that the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously in denying the proposal by Grayscale Investment LLC for the listing of a Bitcoin exchange traded fund (ETF). The decision was announced by a unanimous three-judge…
In a recent precedent-setting decision that is already prompting discussion among legal professionals, the U.S. Court of Appeals for the Federal Circuit addressed a longstanding query related to Obvious-Type Double Patenting (ODP) and Patent Term Adjustment (PTA). The Court’s ruling in In re Cellect (No. 22-1293) was promulgated on August 28, 2023. Historically, the relationship…
The Office of Foreign Assets Control (OFAC) has jurisdiction over financial transactions involving U.S. and foreign entities. A sub-agency under the U.S Treasury Department, its primary objectives include observing, administering, and enforcing economic and trade sanctions based on U.S. foreign policy and national security goals against targeted countries, individuals, or entities. OFAC exercises its authority…
Supreme Court Justice Amy Coney Barrett recently commented on the increased attention drawn by the highest court in the land during an event at a judicial conference for the 7th Circuit Court of Appeals in Lake Geneva, Wisconsin. According to reports by the Associated Press, Barrett reminisced on times during her clerkship at the Supreme…
In a recent court decision that may impact the way corporations manage insolvency procedures, an appeals court has declared that chapter 5 avoidance actions are considered part of a debtor’s bankruptcy estate. These actions can be sold in section 363 sales according to the case of In re Simply Essentials, LLC, No. 22-2011, 2023 U.S….
On August 15, 2023, the U.S. Court of Appeals for the Tenth Circuit spoke on a significant development concerning Patient’s Right to Pharmacy Choice Act Title 36 § 6958 et seq of 2019 from Oklahoma. The verdict was laid out in Pharmaceutical Care Management Association v. Glen Mulready, where the official capacity of Glen Mulready…
In a seminal development on August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit broadened the spectrum of employment actions that may be deemed as ‘adverse employment action’ under Title VII. The case in point involved Hamilton v. Dallas Cnty., ruled on by the 5th Cir. en banc, carrying the identifier No….
In recent years, in-house legal counsel have been increasingly implementing strict and often intricate “billing guidelines” for outside counsel. These guidelines, often comprehensive and complex, are designed to help clients maintain control over legal spend, but many observe it as merely another layer of administrative red tape that delays payments. With a growing burden of…
The Tennessee Court of Appeals has advanced a pivotal lawsuit intent on scrutinizing a state law permitting child-placing entities to refuse service to prospective adoptive parents on the basis of religious beliefs. In an majority opinion delivered by Judge Andy D. Bennett Jr. on August 24, the appeals court overruled a previous decision by a…