Appeals

Federal Appeals Court Overturns Multi-Million Dollar Damages Award in Breach of Contract Case Due to Erroneously Admitted Expert Witness

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Denver, Colorado – A multi-million dollar damages award in a breach of contract case may be in jeopardy after a federal appeals court ruled that an expert witness was improperly classified and admitted as a lay witness. The U.S. Court of Appeals for the Tenth Circuit found that the damages verdict for recycling company A-1 Organics, in its lawsuit against Heartland, relied on testimony from A-1’s chief financial officer (CFO) that should have been classified as expert testimony instead. According to the court, the CFO’s testimony involved more than basic math and required complicated assumptions … Read more

Texas Attorney General Appeals Court Decision, Seeks to Enforce Law Restricting Drag Performances

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Austin, Texas – Texas Attorney General Ken Paxton has appealed to a federal appeals court to reverse a judge’s decision and allow the state to enforce a law that would restrict and potentially criminalize drag performances. Paxton filed a 50-page briefing on Tuesday, urging the U.S. Court of Appeals for the Fifth Circuit in New Orleans to review the permanent injunction that was issued against Senate Bill 12 last year. The law was blocked from taking effect in September after five plaintiffs, including drag performer Brigitte Bandit and local drag production company Extragrams, sued Paxton … Read more

Federal Appeals Court Rules Iowa’s “Ag Gag” Laws Constitutional, Clearing the Path for Enforcement

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DES MOINES, Iowa — A federal appeals court has ruled that two of Iowa’s “ag gag” laws, which impose penalties on individuals who trespass on agricultural property with the intention of causing financial harm, are constitutional. The U.S. Court of Appeals for the Eighth Circuit announced its rulings on Monday, reversing a lower court decision in both cases. A third lawsuit is still pending. The rulings suggest that these state laws may soon become enforceable. However, an attorney for one of the plaintiffs expressed confidence that opponents would prevail upon appeal to the U.S. Supreme … Read more

US Appeals Court Judge Criticizes President Biden’s Water Efficiency Rules for Appliances as ‘Arbitrary and Capricious’

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WASHINGTON – President Joe Biden faced a major setback in the judiciary when US Appeals Court Judge Andrew Oldham criticized his decision as “arbitrary and capricious.” This comes after 11 Republican-led states challenged alterations to rules aimed at improving the efficiency of dishwashers and washing machines. In a ruling issued on Monday, Judge Oldham questioned whether the Department of Energy (DOE) had the authority to regulate water usage in these appliances. He also raised doubts about the effectiveness of the new rules in reducing water consumption. The DOE had announced plans in March to implement … Read more