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Appellate Courts › Compliance

Vinson & Elkins LLP

Potential Changes Ahead: Texas Supreme Court Considers Rule Amendments to Petition for Review Process

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On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of...more

Polsinelli

A Deepened Divide: Appellate Court Joins False Claims Act Circuit Split in Favor of Health Care Defendants

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On February 18, 2025, the United States Court of Appeals for the First Circuit issued its opinion in United States v. Regeneron Pharmaceuticals Inc., finding that, in Anti-Kickback Statute (AKS) cases, the government must...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

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A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Bradley Arant Boult Cummings LLP

Never Get Out of This Maze? Or a Path Forward for Alabama’s Medical Cannabis Program?

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“The overhead view is of me in a maze.” I don’t know what it says about me that the great Trey Anastasio and Tom Marshall of Phish fame were able to encapsulate my feelings so neatly – and the feelings of so many...more

K&L Gates LLP

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

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In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Fox Rothschild LLP

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar...

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From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense...more

Davis Wright Tremaine LLP

Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract

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An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction...more

Fox Rothschild LLP

New Title IX Regs on Hold in Some States: How Colleges and Universities Can Still Prepare for August 1 Effective Date

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Federal court injunctions, upheld by two appellate courts, mean the new regulations will take effect only in a patchwork of states. But with an effective date looming, all universities must be prepared to implement a series...more

Proskauer - Minding Your Business

New York’s Court of Appeals Holds Some Internal Training Materials Are Privileged

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The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more

Foley & Lardner LLP

California Appellate Court Empowers Privacy Agency to Immediately Enforce CPRA Regulations.

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On February 9, a California appellate court issued a decisive ruling in favor of the California Privacy Protection Agency (the Agency), allowing the state to immediately begin enforcement of its new regulations, effectively...more

Adler Pollock & Sheehan P.C.

“Grave Danger”: Federal Vaccination Mandate Down But Not Out

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The White House’s plan to vaccinate American workers against COVID-19 is in trouble. In September, President Joe Biden announced that the Office of Health and Human Services (“OSHA”) would pass an Emergency Temporary...more

Bradley Arant Boult Cummings LLP

Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim

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On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

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