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…
In a recent ruling, United States District Judge Jennifer L. Rochon (S.D.N.Y.) granted Nanobebe US Inc.’s (Nanobebe) motion to stay its ongoing legal case until the resolution of an instituted inter partes review (IPR) proceeding. The IPR aims to invalidate two patents asserted by Mayborn (UK) Ltd. (Mayborn). Details from Patterson Belknap Webb & Tyler…
During a recent court hearing, former White House Chief of Staff Mark Meadows testified extensively in an attempt to have the RICO charges against him in Georgia transferred to federal court. The presiding Judge, Steve Jones, requested additional briefing from the parties in what seems to be a complex issue for the defense. The key…
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 the realm of hotel litigation, an increasing trend of class-action lawsuits revolving around fees has placed hotels squarely in the spotlight. The most recent example of such legal action is the class-action lawsuit filed by Travelers United, a Traveler advocacy organization, against the Hyatt Hotels Corporation and its affiliates on August 18, 2023. The…
Eden Foods, a natural foods company based in Clinton, Michigan, has agreed to pay over $182,500 in a settlement regarding a sex discrimination lawsuit. The lawsuit was filed by the U.S. Equal Employment Opportunity Commission (EEOC), alleging that the owner regularly exhibited sexual harassment towards female employees. The federal agency made this announcement recently, offering…
Last month, numerous pivotal judgments unfolded in the sphere of the Employee Retirement Income Security Act (ERISA), shedding light on issues surrounding lawsuit timing, the substantiation needed for an LTD termination resolution, court’s discretion to credit and discredit expert opinions, the pretext an insured might need to demonstrate they were prejudiced by the conduct of…
Welcome to your latest update on the top stories of the week from the world of appellate litigation. We owe thanks to Howard Bashman and his dedicated work on How Appealing, the first blog focusing on appellate litigation on the internet. The Supreme Court features heavily in the news this week. For instance, there is…
Significant shifts are occurring in United States wage and hour jurisprudence, notably in the context of the Fair Labor Standards Act (FLSA). A case that exemplifies this evolution is Clark, et al. v. A&L Home Care & Training Center, where BakerHostetler played a leading legal role. Held at the Southern District of Ohio, the trial…
In a noteworthy development from late August 2023, The Patent Trial and Appeal Board (PTAB) has issued final verdicts related to IPR2022-00578 and IPR2022-00579, the patent interference cases filed by Celltrion against two tocilizumab-related patents. The patents in question – U.S. Patent Nos. 8,580,264 and 10,874,677 – are owned by Chugai Seiyaku Kabushiki Kaisa, Genentech,…
In recent environmental policy developments, California continues to push forward with its ambitious Advanced Clean Fleet rules. A major milestone is fast approaching, signalling the state’s tenacious commitment to encouraging the manufacture and wide adoption of zero-emission, heavy-duty trucks. This landmark deal with truck manufacturers, spearheaded by California, represents a significant stride in environmental regulation…
A legal malpractice suit that previously secured a $1.1 million jury verdict in favor of a lawyer’s client, has been overturned by a federal judge in Massachusetts. Despite acknowledging the seemingly counterintuitive outcome, Chief Judge F. Dennis Saylor IV affirmed his duty to adhere to the parameters set by the policy and Massachusetts law. The…
The requirement for companies to disclose their recruitment and hiring technology tools, including those using artificial intelligence, is the latest change from a government contractor watchdog. However, this new requirement is causing concern amongst employer-side lawyers over the extent of the request. The Office of Federal Contract Compliance Programs’ updated supply and service scheduling setter…
The legal landscape around personal jurisdiction is evolving, marking considerable shifts in the interpretation of consent for lawsuits. The U.S. Supreme Court ruling on Mallory v. Norfolk Southern Railway Company has brought these developments into sharp focus. The details of the decision provide a glimpse into the nuances of consent regarding jurisdiction. A key contention…
Pesticide manufacturer Syngenta is alleging potential collaboration between a New York neurologist, plaintiffs’ lawyers and journalists regarding a scientific paper that associates the company’s weedkiller, paraquat, with Alzheimer’s disease. The suspect in question is Dr. Earl Ray Dorsey, a professor at the University of Rochester, who in an article published in 2023, linked paraquat to…
As legal professionals navigate an increasingly digital and data-driven environment, the power of Artificial Intelligence (AI) is difficult to ignore. Particularly within litigation, AI has the potential not only to streamline processes but also provide attorneys with a tangible competitive edge in critical areas such as deposition preparation. For those seeking to leverage this technology…
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…
As we move into the fourth quarter of 2023, several notable trends in real estate finance (REF) are coming to the fore. Legal professionals across the UK, Europe, and the US need to take close notice of these shifts and prepare for the potential challenges and opportunities posed. In their recent legal analysis, Hogan Lovells…
In London’s recent legal discourse, several significant cases have emerged that may impact corporates, law firms and entities in various sectors. Specifically, noteworthy developments include a collapsed funeral plan business lodging a claim against its ex-director, gambling hall operator MaxBet initiating two new claims over a problematic acquisition, and automaker BMW contending with additional class…
The California Supreme Court has recently passed a notable ruling in the matter of Private Attorneys General Act (PAGA) claims. In the case, Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court held that even if a plaintiff who asserts both individual and representative PAGA claims in court is compelled to arbitrate…
The U.S. Department of Labor (DOL) proposed new rules on August 30, 2023, signaling a substantial change in overtime pay requirements. The proposed regulations aim to adjust the salary threshold level indispensable to exempt certain employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay stipulations. The potentially transformative proposal would almost…
In a significant procedural shift, it was reported that on July 24, 2023, the United States Patent and Trademark Office (PTO) altered their procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board (PTAB). The decisions impacted are those of the PTAB to deny or grant petitions to institute…
High profile business litigations and the success of small e-discovery cases often involve fascinating interplays of various complex legal strategies. This September provides an excellent opportunity to delve into these intricate relationships, as ACEDS Advisory Board Members are scheduled to analyse the Sedona small law firm guide to e-discovery on the 15th, at 2:00 pm…
In a notable development dated August 24, 2023, the United States District Court for the Eastern District of Texas has passed a ruling which predominantly favors the Texas Medical Association, along with other plaintiffs, which include air ambulance providers. The issued order vacates certain regulations and related guidelines on how the ‘Qualified Payment Amount’ (QPA)…
In a significant turn of events, the Fourth Circuit has reversed a previous judgment consolidating customer lawsuits resulting from a 2018 data breach suffered by a multinational hotel corporate franchise. The original verdict had permitted a class certification in the high-profile consumer data breach case, but the recent decision throws this ruling into ambiguity, drawing…