In a recent legal development, the Eighth District Court of Appeals ruled in favor of a pro se plaintiff against a major law firm, offering a key reminder about the nature of a complainant’s absolute right to amend their pleading. Interestingly, in this case, the appellate court held that it was inappropriate for the trial…
The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a lawsuit filed by an Oregon company against its insurer for COVID-19-related losses. The basis for the dismissal centered on previous rulings in over 800 similar cases nationwide. The claim by Oregon Clinic, affirming that its commercial property insurance policy was…
In the legal world, where definitions often heavily influence court decisions, a recent case brought forward a question of considerable significance: What constitutes a “new” facility under the Clean Air Act (CAA)? The case in point involved the Port Hamilton Refining and Transportation LLP, which operates a refinery in St. Croix, USVI. The refinery had…
In an unpublished decision, the U.S. Court of Appeals for the Ninth Circuit recently held that a plaintiff did not have a cause of action under the Telephone Consumer Protection Act (TCPA) where the phone number used was the subject of twelve TCPA cases filed over a 12-month period. It was found that this phone…
On August 8, 2023, a series of events unfolded at the Federal Circuit that caught the attention of legal professionals worldwide, when not one, but two independent inventors lost their respective appeals. Despite the body of the article not being fully available, one can gather a substantial amount of insight simply by examining the particulars…
In a recent legal development, the Massachusetts Court of Appeals has clarified a nuance in homestead exemptions in relation to atypical forms of child support. The court’s decision expands the child support order exemption under G. L. c. 188, § 3 (b) (4) to encompass orders of support that divert from the traditional format of…
In a recent case titled Schaddelee as Cotrustee of Ronald Schaddelee Irrevocable Trust v. Deleon as Cotrustee of Ronald Schaddelee Irrevocable Trust, the Michigan Court of Appeals delved into a complex and significant legal question: Does a declaration of trust ownership convert a beneficiary designation investment account to a trust asset? As reported by JD…
The Supreme Court has temporarily reinstated a ban on “ghost guns”, granting discretion to the Biden administration to regulate these untraceable firearms. Ghost guns are firearms assembled with parts purchased often in a kit, bearing no serial numbers, which virtually anyone can assemble. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) initially issued a…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement invoking Title 35 of the U.S. Code, Section 251, in correlation to reissue applications. The case in point In re: Float’N’Grill LLC. The Federal Circuit’s decision rejected the patent reissue request from the floating grill company,…
A significant clarification was recently made by the United States Court of Appeals for the Sixth Circuit, regarding retaliation under the Family and Medical Leave Act (“FMLA”). As per the verdict given on January 25, 2023, an employee’s notice of need for leave, even if the employee was not ultimately granted the leave, is deemed…
The Department of Justice (DOJ) of Hong Kong has taken a step further to appeal the High Court’s judgement, which initially refused to grant an injunction prohibiting the popular protest song titled “Glory to Hong Kong”. Secretary for Justice Paul Lam on behalf of the DOJ, applied for the injunction, with the intent to uphold…
In a recent development that highlighted the crucial role of objectivity in the courts, a Federal Judge was reported to have remarked that a defendant under his judgement ‘Looked like a criminal to him.’ The case in question saw Leron Liggins undergoing trial for drug-related charges under the purview of Eastern District of Michigan Judge…
In a recent development that could be instrumental in terms of future litigations, the 4th U.S. Circuit Court of Appeals delivered a potent defense opinion on June 1, 2023in Karp v. First Connecticut Bancorp. This case revolves around allegations under Section 14(a) of the Exchange Act that accuse First Connecticut Bancorp and its directors of…
In an interesting turn of events that could potentially alter the legal landscape of labor laws, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has raised questions about the validity of the court’s burden of proof for overtime exemptions under the Fair Labor Standards Act (FLSA). As of now, an…
In a significant move for corporate legal professionals working within international trade, the Court of Appeals for the Federal Circuit (CAFC) has refused to reverse a Court of International Trade (CIT) decision concerning a reliquidation order. The case in question involved a dispute between Target Corporation and the United States government. This refusal by the…
In a landmark scenario that could set precedent for future environmental legal cases, California witnessed the first appellate case in the country regarding the matter of the state versus the federal environmental regulation. A ruling by the Ninth Circuit Court of Appeals on Monday requires San Francisco city and county to adhere to limits set…
In a high stakes legal challenge, a woman who was found guilty of drug trafficking is disputing the use of expert testimony that led to her conviction. Labelled a “blind mule”, Delilah Diaz argues that she was unaware of the nearly 28 kilograms of methamphetamine concealed within the door panels of her boyfriend’s car when…
Donald Trump’s legal troubles continue to pile on as the flurry of civil litigation against him remains unresolved. These include defamation lawsuits and appeals, and a second suit brought forward by E. Jean Carroll. In addition to the civil prosecution by the New York Attorney General, Carroll’s litigation has put Trump in a defensive stand….
In a noteworthy development for managed care payors and claims administrators, the California Court of Appeal affirmed a lower court ruling giving the summary judgment in favor of United Healthcare (United). The judgment held that United had not entered into a binding agreement with an out-of-network health care provider at the time of pre-service verification…
In a noteworthy decision from earlier this year, the Eleventh Circuit Court of Appeals has opted to align itself with the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits. The case in question is the much-watched en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. In this case, the Eleventh…
In a decision that reverberates within the financial industry, the Washington Court of Appeals has ruled that investment funds are liable to Washington state’s business and occupation (B&O) tax on their investment income. This ruling is seen as a substantial reinterpretation of the tax law applied to business and investment entities within the state. The…
Recent updates provide a comprehensive overview of the assessment appeals deadlines for counties in Pennsylvania during the post-August 1, 2024 tax year. Jurisdictional nuances in the domain of regulatory compliance mandate careful and detailed scrutiny for legal teams. The August 1 annual assessment appeal filing deadline has now passed for 26 counties, necessitating an updated…
This week, two critical matters came under the deliberation of the Ninth Circuit Court of Appeals: the issue of insurance coverage for COVID business losses and the constitutionality of Guam’s in-person informed consent requirement for abortion. At the center of the first issue was a claim by The Oregon Clinic against the Fireman’s Fund Insurance…
On July 10, 2023, the United States Court of Appeals for the Eleventh Circuit upheld the decision to dismiss a consolidated class action lawsuit against a biomedical company, certain executive members, and its former auditor. This case, titled Carpenters Pension Fund of Ill. v. MiMedx Group, Inc., No. 22-10633, had alleged violations of Section 10(b)…
Confirming a significant judicial decision, the US Court of Appeals for the Second Circuit approved Connecticut’s Public Act 21-6, terminating religious exemptions from the state’s immunization requirements. The legislation originally aimed to cover children in schools, students in higher education, and participants in child care. Circuit Judge Denny Chin shared the court’s primary opinion. He…