The recent ruling from the U.S. Court of Appeals for the Fifth Circuit on the case of Alliance for Hippocratic Medicine v. Food & Drug Administration is engendering notable responses from various state attorneys general. The court’s decision, released on Wednesday, stipulates the cessation of mail-order access to the FDA-approved abortion pill, Mifepristone. The judgement,…
In a recent decision scrutinized by legal circles, the U.S. Court of Appeals for the Seventh Circuit overturned a district court’s refusal to award attorney fees to defendants who had successfully defended allegations of copyright infringement. The Court of Appeals determined that the district court’s resolution strayed from the law, and the defendants were, in…
Welcome to a new week of legal news, focusing on major decisions made in appellate courts across the United States. This roundup covers a variety of court cases, from Harvard’s court fight over affirmative action legal fees to the regulation of the Supreme Court by Congress. Let’s delve into these critical legal events. Allie Reed…
Former state legislator and judge of the Atlanta-based Georgia Court of Appeals, Christian Coomer, was removed from office by the Georgia Supreme Court following an investigation into allegations of campaign finance rule violations and unfair exploitation of an elderly client. According to Reuters, the court’s decision was based on findings that Coomer acted in bad…
On the morning of Thursday, August 17, a selection of important legal news articles, commentaries, and links relating to the Supreme Court were compiled and shared by SCOTUSblog. One of the highlighted stories was an appeals court’s decision to uphold the legality of the abortion pill, but with significant restrictions attached to its usage. This…
In a recent legal development, the Virginia Court of Appeals overturned a prior circuit court ruling against the Navy Federal Credit Union. The matter pertained to an elderly woman who was tricked into sending $134,500 through fraudulent wire transfers. Despite the plaintiff, Delores B. Lentz, claiming the credit union should have intervened, the appeals court…
In recent times, there appears to be a trend among Republican-appointed judges to distinguish themselves with ostensibly unconventional behavior. Former President Donald Trump’s appointee, U.S. Circuit Judge James Ho, demonstrates this trend clearly in his latest court proceedings. This news from Reuters reports his stark deviation from his peers’ views when he was the lone…
In a recent development on the legal interpretation of the Telephone Consumer Protection Act (TCPA), a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has determined that text messages do not fall under the category of “prerecorded voice messages”. This decision has clear implications on the prohibitions of the TCPA, specifically…
The recent case of Pierce v. Banks tackles an intriguing area of law, involving an exploration into the details of time-limited demands and the concept of “mirror image” acceptance within legal agreements. This case, recently ruled upon by a Georgia Court of Appeals, sheds significant light on these areas and the role they play in…
In an unprecedented joint action, bankers associations from every U.S. state penned a shared letter to the Consumer Financial Protection Bureau (CFPB or Bureau) on August 8, voicing their collective request for a delay in the enforcement and implementation of the small business data collection and reporting final rule stipulated under § 1071 of the…
A major legal battle is underway, with a coalition of 21 Attorneys General (AGs) throwing their weight behind former Saks retail store employees’ allegations in a no-poach agreement case. The AGs have filed an amicus brief in the U.S. Court of Appeals for the Second Circuit, in support of the former employees who allege they…
Welcome to another installment of our review of the most significant recent legal cases and developments. Our review brings together a variety of key sources to deliver a concise summary tailored specifically for legal professionals. One of the notable developments covered in the How Appealing blog this week is a U.S. Appeals Court case from…
In the ever-evolving landscape of employment law, the D.C. Circuit Court of Appeals has recently made a noteworthy comment on non-disparagement provisions in the case of Wright v. Eugene & Agnes E. Meyer Foundation. This development is of significant importance to legal professionals managing employment contracts and disputes within major corporations and law firms. Typically,…
Repercussions of the patent application disclosure process for medical device companies intending to profit from their inventions has long been under-discussed. Industries across the board have the shared experience of navigating two agency approvals, one from the U.S. Food and Drug Administration (FDA), and another from the U.S. Patent and Trade Office. Recently, a fascinating…
In a recent legal development, the Third Circuit Court of Appeals ruled that employees who have been on a an extended leave may be required to perform additional tasks upon their return. The ruling settles an issue pertinent to the Family and Medical Leave Act (FMLA), which offers its covered employees up to 12 weeks…
In a crucial interpretation of longstanding legislation, the United States Court of Appeals for the Sixth Circuit recently addressed the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) term “operator”, in a case headlined by MRP Properties Company, LLC v. United States. This examination brings into focus the role and responsibilities of…
In a recent case, North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three-judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge’s findings. This related to the instance when shrimpers return bycatch caught in their nets back to the ocean when their intent was to…
In a case that has captured the attention of corporations employing foreign workers in the United States, an appeals court decision has affirmed that an E-3 visa holder is entitled to back pay — even for the period during which he was not actively working. The ruling underscores the obligations of employers hiring foreign labor…
The U.S. Court of Appeals for the Ninth Circuit recently ruled that Hawaii’s ban on “butterfly knives” is a violation of the Second Amendment. They found that the knife, resembling a folding pocketknife, qualifies as an “arm” under the amendment’s terminology. A district court’s previous summary judgment in favor of Hawaiian officials was overturned by…
On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit declared it would rehear the compelling case of LKQ Corp. v. GM Global Tech Operations en banc. The announcement has sparked anticipation among legal professionals around the world. The full court’s intention to reevaluate the existing doctrine on design patent obviousness, a…
The Supreme Court put a hold on a bankruptcy plan for Purdue Pharma, the manufacturer of OxyContin, while it reviews the legality of the plan which would shield the Sackler family, reigning owners of the drug company, from lawsuits. Amy Howe reports on ScotusBlog that the justices have agreed to hear oral arguments this December…
In a recent interview with the National Law Journal, retired federal appellate Judge Joseph A. Greenaway Jr. shared his thoughts on diverse aspects of the legal profession. Judge Greenaway, who recently retired, is joining Arnold & Porter Kaye Scholer next month. Appointed to the U.S. Court of Appeals for the Third Circuit in 2010 by…
The US Court of Appeals for the Federal Circuit recently affirmed the dismissal of a lawsuit related to subject matter eligibility, thrusting the legal community into discussions about intellectual property law interpretation. The lawsuit in question, Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251, was thrown out based on an Alice two-step analysis…
Proving minimum contacts for personal jurisdiction in digital transactions has always been a point of contention in the legal industry. A recent case has brought this issue to the forefront once again. In the case Kendall Hunt Publishing Company v. The Learning Tree Publishing Corporation, Case No. 22-1885, the US Court of Appeals for the…
In a recent court proceeding that emphasizes the potential financial impact of trademark infringement, the United States Court of Appeals for the Sixth Circuit affirmed a district court’s award of profits, costs, and attorneys’ fees to the trademark holder, while outlining the legal principles and considerations involved. The case, La Bamba Licensing, LLC v. La…