News & Analysis as of

Appeals Certiorari

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

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U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

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Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Review Case Impacting Medicare Reimbursement for Hospitals Treating Low-Income Patients

On June 10, 2024, the U.S. Supreme Court granted certiorari in Advocate Christ Medical Center v. Becerra for the October 2024 – 2025 term to review a D.C. Circuit Court of Appeals ruling potentially affecting up to $4 billion...more

Alston & Bird

Supreme Court to Hear Two Important Appeals Regarding the Requirements for Pleading Securities Fraud

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The U.S. Supreme Court has agreed to hear appeals of the Ninth Circuit’s decisions in the Facebook and NVIDIA putative securities class action cases. Our Securities Litigation Group breaks down the potentially far-ranging...more

A&O Shearman

United States Supreme Court Grants Certiorari To Consider The Application Of Heightened Pleading Standards Of The PLSRA For...

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On June 17, 2024, the Supreme Court granted certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit reversing the dismissal of a putative class action asserting claims under the Securities...more

Mintz

SCOTUS Grants Certiorari to Hear NVIDIA Fraud Appeal on PSLRA Pleading Standard

Mintz on

Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases must be pled to survive...more

A&O Shearman

United States Supreme Court Grants Certiorari To Consider When Already-Materialized Risks Must Be Disclosed

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On June 10, 2024, the United States Supreme Court granted certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit that partially reinstated a putative class action asserting claims under...more

Proskauer - Labor Relations Update

(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power

On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near...more

Rumberger | Kirk

Punitive Damages 2023: The Statute Means What It Says

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Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

McDermott Will & Emery

First Amendment Bowled Over by Lanham Act – Again

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In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset...more

Snell & Wilmer

SCOTUS Takes Up Circuit Split on Staying or Dismissing Lawsuits in the Face of Arbitration Agreements

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On January 12, 2024, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al. The Court’s review should resolve a split in the U.S. Circuit Courts of Appeal as to whether, when presented...more

McDermott Will & Emery

Seeking Harmony: Supreme Court to Consider Retrospective Relief for Timely Copyright Claims Under Discovery Rule

McDermott Will & Emery on

The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the...more

DarrowEverett LLP

Release Me? Supreme Court to Resolve Contentious Bankruptcy Issue

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In March 2022, we discussed the decision by the Southern District of New York (the “District Court”) overturning the U.S. Bankruptcy Court for the Southern District of New York’s (the “Bankruptcy Court”) confirmation of...more

White & Case LLP

Second Circuit Court Affirms Ruling That Syndicated Loans Are (Still) Not Securities

White & Case LLP on

The highly anticipated decision threatened to impose a new regulatory framework on syndicated lending, and disrupt the $1.4 trillion syndicated loan market in the United States. The US Court of Appeals for the Second...more

Vinson & Elkins LLP

Supreme Court Set to Review Burden of Proving Retaliatory Intent in SOX Whistleblower Suits: Employee or Employer?

Vinson & Elkins LLP on

On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities and Exchange Commission’s (SEC or the...more

Smith Gambrell Russell

New Georgia Procedure for Appealing Decisions of Lower Judicatories to State or Superior Court Takes Effect July 1, 2023

Smith Gambrell Russell on

Effective July 1, 2023, Georgia House Bill 916 (2022), the “Superior and State Court Appellate Practice Act,” will repeal and replace Georgia’s complex notice of appeal and certiorari review statutes (former O.C.G.A. §§ 5-3-1...more

Cranfill Sumner LLP

Certiorari Crossroads: Navigating Appeals and Dissents in Cryan v. National Council of YMCAs

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In Cryan v. National Cryan v. National Council of YMCAs of the U.S., the North Carolina Supreme Court gave a refresher on certiorari review and appeals from a dissent....more

McDermott Will & Emery

“TRUMP TOO SMALL” Trademark Decision Heads to Supreme Court

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The Supreme Court agreed to review the US Patent & Trademark Office’s (PTO) challenge to a February 2022 ruling by the US Court of Appeals for the Federal Circuit. In the ruling at issue, the Federal Circuit held that...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Holds That Section 11 Plaintiffs Must Purchase Securities Issued Under the Registration Statement They...

In Slack Technologies, LLC v. Pirani, No. 22-200, 2023 U.S. LEXIS 2301 (U.S. June 1, 2023), the Supreme Court of the United States (Gorsuch, J.) held that Section 11 of the Securities Act of 1933 (the “Securities Act”), 15...more

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