The US Fifth Circuit Court of Appeals has overturned a Mississippi constitutional provision dating back to the 1890 Jim Crow era. The provision, known as Section 241, permanently disenfranchised individuals convicted of certain felonies. Judge James Dennis, writing for the majority, maintained that the 1890 Mississippi Constitution was clear in its intention to “ensure the…
In a move that is vital for legal professionals working in large corporations and law firms, particularly those concentrating in environmental and property law, the U.S. Supreme Court released an order that directly impacts the construction of energy pipelines across the country. The order, issued on July 27, nullified the U.S. Court of Appeals for…
The timeline of the 2020 election interference case concerning former President Donald Trump has recently garnered substantial attention, with its outcome continuing to hang in uncertainty after Trump’s arraignment in Washington, D.C. Legal minds observing the case express differing views. While some opine that the case can conclude prior to the 2024 general election given…
The US Court of Appeals for the Ninth Circuit recently allowed President Joe Biden’s new asylum policy to remain in place, granting the administration’s motion for an emergency stay. This comes after last week’s filing by the Biden administration to keep the policy in place whilst appealing a previous federal district court ruling that struck…
In a recent ruling that garnered attention from legal professionals worldwide, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s decision to grant summary judgment in favor of a debt buyer. In a verdict that emphasized the role of claim preclusion, the appeal court decided that the plaintiff’s claims, registered under…
The Supreme Court has upheld a ruling from a federal appeals court which prevents the city of Tulsa from enforcing municipal ordinances against Native Americans. The unsigned order, which was passed without any public dissents, came as a refusal of the city’s request to suspend the appeals court’s decision whilst it launches an appeal. The…
The U.S. Court of Appeals for the Eleventh Circuit has recently extended a victory to the University of Miami over a litigation revolving around tuition refunds following campus closures amid the COVID-19 pandemic. The claims, which involved the university’s halt to in-person education, were based on the allegations of breach of contract and unjust enrichment….
In a recent legal development, the United States Court of Appeals for the Second Circuit has affirmed the exclusion of purported autism science, aiming to discredit its usage in lawsuits connected to this neurological disorder. The case in question, Daniels-Feasel v. Forest Pharms., Inc., 2023 U.S. App. LEXIS 19448 (2d Cir. July 28, 2023), seems…
In a significant legal motion, 21 Democratic Attorneys General (AGs) have intervened in the conversation surrounding the degree of free communication permissible between the U.S. government and social media platforms. These AGs have filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit, asking the Court to overturn a preliminary injunction…
On July 13, 2023, the United States Court of Appeals for the Tenth Circuit handed down a key decision, reversing the dismissal of a putative class action against a poultry producer and several of its officers under Section 10(b) of the Securities Exchange Act of 1934. This case, titled Hogan v. Pilgrim’s Pride Corp., was…
In a recent development within the scope of employment law, another federal appeals court has made a ruling reinforcing that employers are obliged to accommodate an employee’s commute in certain circumstances. Based on the tenets of the Americans with Disabilities Act, this mandate reiterates the act’s requirement for employers to provide reasonable accommodations which assist…
The United States Court of Appeals for the Ninth Circuit has overturned a lower court’s ruling this week that had temporarily blocked enforcement of Guam’s in-person, informed consent law for abortion access. The law had previously allowed Hawaii physicians to remotely administer prescriptions for medicinal abortions via telemedicine. The Ninth Circuit vacated the lower court’s…
In recent times, a significant legal question has been making waves in legal and financial circles, focusing on the intersection of loan syndication and securities laws. At the heart of the debate is a critical question: Are syndicated term loans subject to federal and state securities laws? A decisive case currently pending in the U.S….
The Eleventh Circuit Court of Appeals recently joined the likes of the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits with their latest en banc decision. Earlier this year, the bench presided over the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A.. At issue was whether the grounds for vacatur under…
In a recent legal development, the First Circuit Court of Appeals handed down a decision in Powers v. Receivables Performance Management, LLC, holding that a motion to reconsider an appealable interlocutory order denying a motion to compel arbitration is not appealable. This significant ruling is crucial for legal professionals and corporate entities involved in litigation…
The United States Ninth Circuit Court of Appeals has revived a lawsuit under the False Claims Act (FCA), that accuses Valeant Pharmaceuticals of fraudulently acquiring a patent to prolong the monopoly over its drug Apriso. The suit had initially been dismissed because of the rule known as the ‘public disclosure bar’ – a federal rule…
As the U.S. Women’s National Soccer Team competes in the FIFA Women’s World Cup, their strategic public relations maneuvers throughout their contentious battle for pay equity with the U.S. Soccer Federation come to the fore. As experienced corporate law professionals understand, the verdict in the court of public opinion can often wield equal, if not…
On Thursday, Singaporean authorities carried out the execution of 39-year-old former delivery driver, Mohamed Shalleh Bin Abdul Latiff, for the trafficking of 54.04 grams of diamorphine, a controlled substance. This amount exceeds by four times the threshold required to impose the mandatory death penalty as stated under Singapore’s Misuse of Drugs Act. This marks the…
In a recent development, the US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, determining that specific knowledge is needed for liability to be assumed. The case in question is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc., Case Nos. 21-56150; -56236 (9th Cir. July 24, 2023), presided…
In a notable decision in Drazen v. Pinto, the 11th Circuit Court of Appeals has unanimously ruled en banc that one unwanted telemarketing text message is enough to constitute a concrete injury, allowing plaintiffs standing to file suit. The lawsuit was filed in 2019 by Susan Drazen against web-hosting company GoDaddy. She alleged that GoDaddy…
The question of whether syndicated term loans are securities continues to be a pivotal legal question, as evidenced in the recent Kirschner v. JP Morgan Chase Bank case. Last month, the Second Circuit Court of Appeals requested an amicus brief from the Securities and Exchange Commission (SEC), but the regulatory body declined to weigh in….
The recent ruling by the U.S. Court of Appeals for the Federal Circuit in the case of HIP v. Hormel has laid down substantial insights into the domain of joint inventorship. In its decision, the court found that David Howard of HIP was not considered as a joint inventor of a Hormel patent. This case…
In a noteworthy decision, the Third Circuit Court of Appeals has reiterated its prior judgment allowing creditors of Venezuela who have obtained arbitration awards to lay claim on the U.S. assets of Petroleos De Venezuela, S.A. (PDVSA), Venezuela’s national oil company. This conclusion, accessible in detail via the following link, Third Circuit Affirms Judgment Allowing…
In a recent decision, the Colorado Court of Appeals labeled the prosecutor’s opening statement in a case – The People versus Marcus Lee Robinson – as “flagrantly, glaring, and tremendously improper”. This comment was made in reference to the racially charged language employed by the District Attorney during the trial which saw Robinson convicted of…
In a pivotal legal development, the California Court of Appeal for the Second District issued a writ of mandate on August 1, 2023, putting a stop to the Workers’ Compensation Appeals Board’s (WCAB) traditional practice of granting Petitions for Reconsideration for Further Study. This information was shared by Laughlin, Falbo, Levy & Moresi LLP on…