Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
Law360
Appellate
FRIDAY, APRIL 12, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Obit_OJ_Simpson_Trial_17056.jpg

Analysis

OJ Simpson's Jury Was Sequestered. Why Not Trump's?

By Phillip Bantz

Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.

Read full article » | Save to favorites »

Trump Camp Must Face 2020 Election Lies Suit

By Daniel Ducassi

A Denver trial court rightfully kept intact a former Dominion executive's defamation claims against Donald Trump's presidential campaign and others, accusing them of spreading false claims that the executive helped rig the 2020 election, a Colorado appellate panel ruled Thursday.

Opinion attached | Read full article » | Save to favorites »

Leonard Leo Rebuffs Senate Judiciary Committee Subpoena

By Courtney Bublé

Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.

Read full article » | Save to favorites »

11th Circ. Denies Atty DQ Bid From Gold Star Wives

By Emily Johnson

The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

3 documents attached | Read full article » | Save to favorites »

11th Circ. Says Insurer Owes Defense In Home Damage Suit

By Ganesh Setty

A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

Opinion attached | Read full article » | Save to favorites »

Full 8th Circ. Hears Ark. Bid To Revive Youth Trans Care Ban

By Ali Sullivan

An en banc panel of the Eighth Circuit weighing whether to revive an Arkansas state law that banned gender-affirming care for children and teens heard oral arguments Thursday, as Arkansas officials sought to demonstrate that the law does not unconstitutionally discriminate based on sex.

Read full article » | Save to favorites »

US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

By Crystal Owens

The Biden administration sent mixed messages to the Seventh Circuit for its first time weighing in on Enbridge's controverisal Line 5 oil pipeline, urging the court to uphold the ordered shutdown of the project while adding that a tribe's public nuisance claim should be dismissed.

Brief attached | Read full article » | Save to favorites »

Calif., NY And SD Judicial Nominees Advance To Full Senate

By Courtney Buble

Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.

Read full article » | Save to favorites »

SUPREME COURT

State Rules Can't 'Obliterate' Federal Rights, Justices Told

By Katie Buehler

The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

Brief attached | Read full article » | Save to favorites »

DC CIRCUIT

DC Circ. Mulls Jurisdiction In Fight Over Jewish Texts

By Nadia Dreid

The D.C. Circuit is set to decide whether a D.C. federal court can consider a Jewish group's allegations that Russia is illegally holding onto its long-lost sacred religious texts, after hearing arguments early Thursday in the appeal of a case that's been kicking around the lower court's docket for two decades.

Read full article » | Save to favorites »

Inventor Says AI Art Merits Copyright Despite US Gov't Stance

By Ivan Moreno

An artificial intelligence inventor has bashed the U.S. Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

Brief attached | Read full article » | Save to favorites »

FEDERAL CIRCUIT

Fed. Circ. Blocks Alvogen Generic Of Bausch Diarrhea Drug

By Ryan Davis

The Federal Circuit upheld a decision Thursday that prevents Alvogen from releasing a generic version of Bausch Health's blockbuster diarrhea and brain disease drug Xifaxan until 2029, rejecting Alvogen's bid to launch sooner because it was cleared of infringing some patents.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. OKs Samsung, Apple Wins Over Mobile Magnets IP

By Andrew Karpan

The Federal Circuit on Thursday signed off on various rulings that both Samsung and Apple had won at the Patent Trial and Appeal Board against a Texas outfit that claims to have developed a way of using magnets to keep mobile devices in place as well as a way of cleaning their screens.

2 documents attached | Read full article » | Save to favorites »

FIRST CIRCUIT

Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.

By Chris Villani

The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.

Brief attached | Read full article » | Save to favorites »

SECOND CIRCUIT

2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge

By David Steele

The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.

1 document attached | Read full article » | Save to favorites »

THIRD CIRCUIT

Judge Grants $3.2M In Fees For Wawa Class Counsel

By James Boyle

There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.

3 documents attached | Read full article » | Save to favorites »

FIFTH CIRCUIT

CFPB Says Credit Card Shares Disqualifying In 5th Circ. Case

By Jon Hill

The Consumer Financial Protection Bureau sparred Thursday with a coalition of trade groups over recusal standards in their Fifth Circuit lawsuit challenging the agency's new $8 credit card late fee rule, arguing that a judge's ownership of stock in a major card-issuing bank ought to be disqualifying in itself.

2 documents attached | Read full article » | Save to favorites »

Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

By Sam Reisman

A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

Brief attached | Read full article » | Save to favorites »

Drag Ban Opponents Defend Free Speech Stance To 5th Circ.

By Catherine Marfin

A coalition of LGBTQ advocacy groups, performers and venues challenging a Lone Star State law widely seen as a ban on drag shows told the Fifth Circuit that the attorney general "ignores established precedent" in his defense of the legislation, which the groups said chills "inherently expressive" performances.

Response attached | Read full article » | Save to favorites »

SIXTH CIRCUIT

6th Circ. Orders Redo In Brokerage's Trade Secrets Row

By Ryan Harroff

The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them. 

Opinion attached | Read full article » | Save to favorites »

Split 6th Circ. Upends Jail Worker's $1.5M Win In USERRA Suit

By Emmy Freedman

A split Sixth Circuit panel on Thursday overturned a former county jail employee's $1.5 million jury trial win in his lawsuit alleging he was wrongly accused of taking invalid military leave and then fired, despite a dissent calling the majority's finding that he waived his right to sue "deplorable."

Opinion attached | Read full article » | Save to favorites »

Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

By Beverly Banks

A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

Brief attached | Read full article » | Save to favorites »

NINTH CIRCUIT

9th Circ. Nixes 'Super Snap Removals' In Dexcom Suits

By Mike Curley

The Ninth Circuit won't let Dexcom Inc. remove three suits alleging its glucose monitoring system is defective to federal court, saying its "super snap removal" motions were premature as they were filed before any of the cases actually commenced.

Opinion attached | Read full article » | Save to favorites »

LA's COVID-19 Anti-Eviction Law A Taking, 9th Circ. Told

By Gina Kim

A Los Angeles landlord urged the Ninth Circuit during a Thursday hearing to revive his $100 million suit against the city over its COVID-19 anti-eviction moratorium, arguing the lower court erred when it found the moratorium against eviction of defaulting tenants didn't constitute a physical taking by the government.

Read full article » | Save to favorites »

UnitedHealth Patients' Addiction Coverage Suit Revived, Again

By Gina Kim

The Ninth Circuit on Thursday revived for the second time a proposed class action accusing UnitedHealth of wrongly rejecting coverage for outpatient substance use disorder treatments in violation of federal benefits law, finding the plaintiff plausibly alleged the insurer employed an excessively strict review process for those claims.

Opinion attached | Read full article » | Save to favorites »

TENTH CIRCUIT

EPA Says Colo. Air Pollution Plan Approval Was Proper

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.

Brief attached | Read full article » | Save to favorites »

TEXAS

Houston Atty Beats Real Estate Deal Malpractice Suit

By Lynn LaRowe

In a split decision Thursday, a Houston attorney accused of malpractice was handed a win by the majority of a three-justice Lone Star State appellate panel that cleared her of negligence in connection with a 2014 contract inked between the owner of a property management company and a pair of apartment complex investors, finding that she obtained no "improper benefit" from representing both sides.

2 documents attached | Read full article » | Save to favorites »

PENNSYLVANIA

Pa. Docs Must Face Patient's Post-Op Blood Clot Death Suit

By Mike Curley

A Pennsylvania appeals court has revived a woman's suit against her husband's physician over his death from a pulmonary embolism, saying her experts established a factual dispute over whether the doctor's failure to conduct appropriate tests or inform a surgeon of the husband's prior blood clots led to his death.

Opinion attached | Read full article » | Save to favorites »

NORTH CAROLINA

NC Justices Hint Holtzman Vogel Immune In Defamation Case

By Hayley Fowler

The North Carolina Supreme Court's Republican majority seems poised to reverse a Court of Appeals decision forcing Holtzman Vogel Baran Torchinsky & Josefiak PLLC to face voters' defamation claims, with one justice lamenting that revoking the law firm's privilege defense could upend decades of case law in the Tar Heel State.

Read full article » | Save to favorites »

MICHIGAN

Mich. Justices To Hear Ex-Prosecutor's Whistleblower Appeal

By Carolyn Muyskens

The Michigan Supreme Court agreed Wednesday to hold oral arguments in the appeal of a former assistant county prosecutor who claims her former boss retaliated against her for speaking up about a plea bargain she believed was unlawful.

2 documents attached | Read full article » | Save to favorites »

WASHINGTON

Wash. Justices Side With EB-5 Firm Over Arbitration Award

By Rachel Riley

Washington's high court ruled on Thursday that the payment of an arbitration award does not resolve a case seeking to confirm that award, standing by a lower court's decision to enter a confirmation order on an investment firm's $11.5 million win against a beleaguered developer over missed payments on a loan.

3 documents attached | Read full article » | Save to favorites »

Hospitals Responsible For Contract ER Docs, Justices Say

By Rachel Riley

Washington state's high court ruled on Thursday that hospitals may be held liable for alleged neglectfulness of contracted doctors working in their emergency rooms, reviving negligence claims against the medical center brought by the estate of a woman killed by a flesh-eating disease that ER caregivers allegedly failed to diagnose.

Opinion attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Rulings In 9th Circ. Provide Ammo To False Label Defendants

Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

Read full article » | Save to favorites »

Policy Misrepresentations Carry Insurance Rescission Risks

The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

Opinion attached | Read full article » | Save to favorites »

LEGAL INDUSTRY

Orrick To Pay $8M To Settle Data Breach Litigation

By Lauren Berg

A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.

Motion attached | Read full article » | Save to favorites »

Tax Controversy Quintet Joins Bradley Arant In Atlanta

By Adrian Cruz

Bradley Arant Boult Cummings LLP announced that it hired a five-person tax controversy team from Chamberlain Hrdlicka White Williams & Aughtry highlighted by the addition of three experienced partners, including two former Internal Revenue Service trial attorneys.

Read full article » | Save to favorites »

Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

By Patrick Hoff

A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

Report attached | Read full article » | Save to favorites »

Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

By Emily Brill

A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

Complaint attached | Read full article » | Save to favorites »

Promo that reads 2023 Practice Groups of the Year Promo that reads 2023 Law Firm Culture Survey

LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Anderson Law PLLC

Arnall Golden

Arnold & Clifford

Arnold & Porter

Axinn Veltrop

Baker & Hostetler

Baker Botts

Beck Redden

Berger Montague

Boyd & Jenerette

Boyle Leonard

Bradley Arant

Brooks Pierce

Brown Neri

Cain & Skarnulis

Campbell Killin

Cantey Hanger

Chamberlain Hrdlicka

Clement & Murphy

Crowell & Moring

Culp Elliott

Cummings McClorey

Dallas W. Hartman PC

Daniel G. Suber & Associates

Davenport Evans

Duane Morris

Dymond Reagor

EascoLaw PLLC

Edmonds & Schlather

Elefterakis Elefterakis

Ellenoff Grossman

Federman & Sherwood

Fine Kaplan

Ford O'Brien

Fox Rothschild

Gill Ragon

Gordon Rees

Green & Noblin PC

Hamilton Lincoln Law Institute

Harris Karstaedt

Haynes & Boone

Holtzman Vogel

Hooper Hathaway

Hunton Andrews

Husch Blackwell

Hutchison PLLC

Jenner & Block

Kanji & Katzen

Kantor & Kantor

Kennedys Law LLP

Law Offices of Randy B. Corporon

Lawson & Weitzen

Luvera Law Firm

Marshall & Melhorn

Marzulla Law

Meyer Fluegge

Morgan Lewis

Moulton, Wilson & Arney

Nelson Mullins

Orrick Herrington

Paduano & Weintraub

Patterson Belknap

Patterson Ripplinger

Paul Hastings

Paul Weiss

Pitt McGehee

Quilling Selander

Recht Kornfeld

Rothwell Figg

Rutan & Tucker

Schubert Jonckheer

Schwartz Perry

Smith Alling

Steptoe LLP

Sullivan & Cromwell

Venable LLP

Weber Gallagher

White & Case

White and Williams

Wigdor LLP

Womble Bond

Zashin & Rich

COMPANIES IN TODAY'S NEWS

Alvogen Group Inc.

American Bankers Association

American Bar Association

American Civil Liberties Union

American Federation of State County & Municipal Employees

Apple Inc.

Arizona Cardinals

Bausch Health Cos. Inc.

CVS Health Corp.

Center for Biological Diversity Inc.

Central Hudson Gas & Electric Corp.

Citigroup Inc.

Courthouse News Service Inc.

Del Monte Foods Inc.

Earthjustice

Enbridge Energy Partners LP

Federalist Society

GOJO Industries Inc.

Geico Corp.

Houston Texans

Hylant Group Inc.

Institute for Justice

International Business Machines Corp.

KPMG International

Legal Services Alabama Inc.

LinkedIn Corp.

Medical Mutual of Ohio

Miami Dolphins

Michigan Milk Producers Association

Mid-Continent Casualty Co.

NFL Enterprises LLC

Nationwide Mutual Insurance Co.

Native American Rights Fund Inc.

New York Football Giants Inc.

Salix Pharmaceuticals, Ltd.

Samsung Electronics Co. Ltd.

San Francisco 49ers

Southern Coalition for Social Justice

Teva Pharmaceutical Industries Ltd.

The Procter & Gamble Co.

The Tennessee Titans

The Travelers Cos. Inc.

U.S. Chamber of Commerce

United Auto Workers

UnitedHealth Group Inc.

University of Southern California

Vineyard Wind LLC

Wawa Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

Bad River Band of Lake Superior Chippewa Tribe

Bay Mills Indian Community

Bureau of Ocean Energy Management

City of New York

Consumer Financial Protection Bureau

Federal Bureau of Investigation

Food and Drug Administration

Government of Canada

Internal Revenue Service

Manhattan District Attorney's Office

Mississippi Attorney General's Office

Mississippi Department of Health

Mississippi Department of Revenue

National Oceanic and Atmospheric Administration

Ohio Supreme Court

Texas Attorney General's Office

Texas Legislature

U.S. Army

U.S. Army Corps of Engineers

U.S. Attorney's Office for the District of Massachusetts

U.S. Copyright Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Supreme Court

United Nations

United States District Court for the Northern District of Alabama