News & Analysis as of

Appeals Case Consolidation

BakerHostetler

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

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In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Miller Canfield

Michigan Court of Appeals Upholds Taxpayer Recovery of Excess Tax Foreclosure Proceeds, Bars Multi-County Class Actions

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Key Takeaways - ..The Michigan Court of Appeals rejected an effort to allow class action recovery of excess proceeds from the sale of tax foreclosed properties. ..The Court ruled that the Michigan Supreme Court's 2020...more

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

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While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

Dorsey & Whitney LLP

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule, Putting ETS Requirements Back in Effect

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On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more

Obermayer Rebmann Maxwell & Hippel LLP

The Sixth Circuit Gives New Life to the Vaccine Mandate - Next Up, the Supreme Court

As HR Legalist previously reported, earlier this year, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS), mandating that employers with at least 100 employees require all...more

McDonnell Boehnen Hulbert & Berghoff LLP

Facebook, Inc. v. Windy City Innovations, LLC (Fed. Cir. 2020)

It's often said that hard cases make bad law.  And that is what had happened here:  faced with an unreasonable number of potentially asserted claims in litigation, and a Plaintiff not required to identify which of those...more

Polsinelli

Private Biometric Data: Union Consent to Collection

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On June 13, 2019, the U.S. Seventh Circuit Court of Appeals in Miller v. Southwest Airlines, Co., Case 18-3476 (June 13, 2019), ruled that claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”), in the...more

Foley & Lardner LLP

Appellate Briefs Are Not the Place to Incorporate Material from Someplace Else by Reference

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Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals. In United States v. Moody, No. 18-1837 (7th Cir. Feb....more

Bennett Jones LLP

Orders for Consolidation and Common Hearings Under Tax Court Rule 26

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Overview of Rule 26 - Section 26 of the Tax Court of Canada Rules (General Procedure)1 (the "Tax Court Rules"), referred to as "Rule 26", can be useful where multiple taxpayers are involved in related matters and are...more

Carlton Fields

Louisiana Appeals Court Affirms Class Certification in Lingering Litigation Against Department of Insurance

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A Louisiana appeals court recently affirmed class certification in consolidated lawsuits, pending since 1991, against Louisiana’s Department of Insurance, other related state entities, and the state’s excess insurance...more

Bricker Graydon LLP

7th Circuit Court of Appeals affirms Illinois subsidy for nuclear generation facilities

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On September 13, 2018, the Seventh Circuit Court of Appeals issued its long-awaited decision in the consolidated cases of Elec. Power Supply Assn. v. Anthony M. Star, 7th Cir. Nos. 17-2433, 17-2445, 2018 U.S. App. LEXIS 25980...more

Esquire Deposition Solutions, LLC

Consolidated Cases Retain Right to Appeal

In a decision made by the Supreme Court in the Fall of 2017, justices announced independent cause for appeal by a party in consolidated cases cannot be denied. This was decided during a dispute between a brother and sister...more

Carlton Fields

Illinois Federal Court Rejects Twin Suits Challenging Dividend Payment Practices

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Challenges to mutual life insurers’ discretion in setting dividend scales date back over 100 years. Earlier this year, in Anderson v. Country Life Insurance Company and Ochoa v. State Farm Life Insurance Company, a federal...more

A&O Shearman

United States Supreme Court Allows For Appeals From Final Decisions Regarding Individual Actions In Ongoing Consolidated...

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On Tuesday, March 27, 2018, Chief Justice John Roberts announced a unanimous decision of the United States Supreme Court that allows immediate appeals from final decisions issued in any action that has been consolidated with...more

Dorsey & Whitney LLP

The Supreme Court - March 27, 2018

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Hall v. Hall, No. 16-1150: Petitioner Elsa Hall and respondent Samuel Hall are siblings litigating against each other in two consolidated cases surrounding the management of their mother’s property and estate. One of the...more

Perkins Coie

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

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In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

Husch Blackwell LLP

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

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On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Jaburg Wilk

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

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The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Carlton Fields

Fifth Circuit Affirms Denial Of Motion To Compel Arbitration Against Non-Signatory To Arbitration Agreement

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The appeal arose from a consolidated case, originally three separate class actions, resulting from the alleged underfunding of Singing River Health System’s pension plan and KPMG’s alleged failure to detect that underfunding...more

Dechert LLP

Lenders to SPEs: Be Aware, You May Not Have Standing to Appeal a Substantive Consolidation Order

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A substantive non-consolidation opinion is a common feature of structured finance transactions in the U.S. Most, if not all, opine as to what a bankruptcy court would do, but express no opinion on the appellate process. We...more

Faegre Drinker Biddle & Reath LLP

The Assessment Of Common Area Land: Indiana Tax Court Rejects Taxpayers’ Appeals, General Assembly Creates A New Exemption

Indiana allows taxpayers to correct certain property tax assessment mistakes using a Form 133 Petition for Correction of an Error. In Muir Woods, Inc. v. Marion County Assessor (June 18, 2015), the Indiana Tax Court held...more

Sands Anderson PC

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

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The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

Miller Starr Regalia

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish...

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In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant...more

Goodwin

Supreme Court Clarifies Timing of Appeals in MDL Cases

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On January 21, 2015, the U.S. Supreme Court announced the definitive rule governing the timing of appeals from a multidistrict litigation proceeding (MDL). The Court held that plaintiffs in actions centralized in an MDL whose...more

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