Appellate

  • August 05, 2020

    Ex-ND High Court Hopeful Can't Revive Disciplinary Fight

    An Eighth Circuit panel unanimously declined to revive a former North Dakota Supreme Court candidate's suit challenging disciplinary proceedings over his claims a sitting justice tampered with public records, agreeing that the federal court had no jurisdiction over the state issue.

  • August 05, 2020

    NJ Justices Challenge Reach Of $9.9B COVID-19 Bond Law

    The New Jersey Supreme Court questioned Wednesday how up to $9.9 billion in borrowed funds may be spent under a state law meant to address financial problems arising from the COVID-19 pandemic, challenging whether it could go as far afield as funding a new sports arena.

  • August 05, 2020

    Netflix, 'Big Short' Director To Make Walmart v. Dukes Series

    Netflix announced Tuesday that it's partnering with the director of "The Big Short" to produce a new limited series titled "Kings of America" inspired by three women who pursued a landmark employment discrimination class action against Walmart that landed before the U.S. Supreme Court in 2011.

  • August 05, 2020

    6th Circ. Told McGirt Ruling Backs Mich. Tribe's Reservation

    The Little Traverse Bay Bands of Odawa Indians has pressed the Sixth Circuit to overturn a ruling that the tribe never had a reservation, saying the U.S. Supreme Court's recent ruling in McGirt supports the Michigan tribe's contention that its reservation was established under a 19th-century treaty.

  • August 05, 2020

    5th Circ. Told Gov't Can't Unilaterally End Whistleblower Suit

    When federal prosecutors unilaterally dismissed two whistleblower False Claims Act suits a corporate entity was pursuing on behalf of the government, it acted "lawlessly," the Fifth Circuit was told during oral arguments Wednesday.

  • August 05, 2020

    Spectra Suit Dismissal Invites Mischief, Del. Justices Told

    An attorney for former Spectra Energy Partners LP public investors told the Delaware Supreme Court on Wednesday that the Chancery Court wrongly discounted his chance of success before tossing a suit over a $661 million damage claim targeting an allegedly unfair general partner buyback, a decision that could encourage companies to "game the system."

  • August 05, 2020

    DC Circ. Won't Revive Free Speech Case Against Tech Cos.

    The D.C. Circuit on Wednesday denied conservative group Freedom Watch and activist Laura Loomer's request for the entire bench to rehear their $1.5 billion antitrust and First Amendment claims accusing Google, Facebook, Twitter and Apple of conspiring to suppress conservative viewpoints on their platforms.

  • August 05, 2020

    Tech Co. Insists Dropbox Infringes Synchronization Patents

    Synchronoss Technologies Inc. urged a Federal Circuit panel Wednesday to reverse a California federal judge's decision finding Dropbox Inc. did not infringe two patents covering software or hardware that synchronizes data and that one of the patents was invalid as indefinite, insisting the district judge misapplied his own claim construction.

  • August 05, 2020

    Texas Appeals Court Says No Expert, No Malpractice Claim

    A Texas appeals court upheld Freeman Mills PC's defeat of legal malpractice claims lodged by an oil and gas exploration company, ruling Wednesday that White Rock Exploration Inc.'s expert witness didn't do enough to back up his assertion that the company would have fared better if Freeman Mills handled its case differently.

  • August 05, 2020

    2nd Circ. Won't Revive Honey Harvesting Copyright Suit

    The Second Circuit on Tuesday backed a mail-order catalog's win in a copyright infringement lawsuit brought by the maker of a honey harvesting product, rejecting arguments that the catalog ripped off the product maker's intellectual property by replacing his brand with a rival in nearly identical ads.

  • August 05, 2020

    Fla. Court Affirms Dismissal Of Burger King Investor Suit

    A Florida appeals court on Wednesday affirmed the dismissal of an investor suit against Burger King over the foiled sale of several franchised restaurants in Germany, finding the trial court did not abuse its discretion in sending the claims to a German court.

  • August 05, 2020

    10th Circ. OKs Rare Post-Verdict Instruction In Retaliation Suit

    A split Tenth Circuit affirmed the outcome of a former police officer's retaliation trial and $344,000 judgment Tuesday, which included a rare post-verdict jury instruction by the judge that resulted in a major revision to the damages.

  • August 05, 2020

    NJ Court Revives Suits Alleging J&J Talc Caused Cancer

    A New Jersey state appeals court revived a pair of suits Wednesday that allege talc products from Johnson & Johnson caused two women to develop ovarian cancer, saying the trial court judge was wrong in dismissing the women's experts' opinions.

  • August 05, 2020

    Insurer Beats Worker's Untimely Pollution Claim At 8th Circ.

    The 8th Circuit has handed Kinsale Insurance Co. a win in a worker's injury fight, holding that the insurer had no need to indemnify Topp's Mechanical Inc. for a pollution-related accident because it had failed to provide timely notice of a possible claim.

  • August 05, 2020

    Fed. Circ. Backs Oyster's PTAB Wins Over Fiber Optic Patents

    The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board rightly upheld two Oyster Optics LLC fiber optic patents, unmoved by arguments by two separate opponents that the board erred in finding that earlier inventions did not render the disputed claims obvious.

  • August 05, 2020

    Top UK Court Restores Chinese Shipper's $69M Damages Win

    Britain's highest court restored a Hong Kong ship owner's $68.6 million damages award on Wednesday, overturning an appellate decision requiring a new trial to determine whether the company had paid bribes to secure the hiring of one of its vessels.

  • August 04, 2020

    9th Circ. Rejects DOJ's Quick Appeal In Bid To End FCA Suit

    The Ninth Circuit on Tuesday rejected the U.S. Department of Justice's bid to end a False Claims Act suit it had declined to intervene in, saying the feds' wish to avoid "onerous" discovery was not important enough to warrant immediate appeal of an order denying the DOJ's motion to dismiss.

  • August 04, 2020

    NCAA Can't Halt Ruling Uncapping Athlete Education Benefits

    The Ninth Circuit on Tuesday denied the NCAA's bid to pause an order striking down rules that limited the education-related benefits schools may offer athletes, following the organization's bid to have the U.S. Supreme Court take up the case.

  • August 04, 2020

    Creditor Can Seek Claims Ch. 7 Trustee Didn't, 3rd Circ. Says

    The Third Circuit ruled in a published decision Tuesday that a creditor to a defunct Pennsylvania business retained the right to pursue legal claims for money it says it's owed even after a Chapter 7 bankruptcy trustee refused to pursue the matter himself.

  • August 04, 2020

    DC Circ. Sides With Both AT&T, Iowa Carrier In Fee Fight

    A D.C. Circuit panel delivered a mixed result Tuesday to AT&T and a western Iowa regional carrier in their three-way brawl with the Federal Communications Commission over carrier access fees, sending the case back to the commission for another look.

  • August 04, 2020

    Ericsson Defends Right To Have Jury Decide FRAND Rates

    Ericsson Inc. told the U.S. Supreme Court on Tuesday that there's no reason to reverse a Federal Circuit finding that a jury must determine what constitutes a reasonable royalty rate for the telecommunications company's standard-essential patents, saying "that ship sailed two centuries ago" with the Seventh Amendment.

  • August 04, 2020

    DC Circ. Backs NLRB Decision That Co. Applied Wrong CBA

    A California port operator violated federal labor law by suspending a unionized watchman per a different union's disciplinary process, the D.C. Circuit said Tuesday, upholding a National Labor Relations Board decision.

  • August 04, 2020

    7th Circ. Says Grubhub Drivers Must Arbitrate Wage Claims

    The Seventh Circuit on Tuesday rejected arguments that Grubhub Inc. delivery drivers are workers engaged in foreign or interstate commerce specifically exempted from the Federal Arbitration Act, affirming lower-court decisions to send a pair of putative wage-and-hour class actions to arbitration.

  • August 04, 2020

    10th Circ. Backs CPSC's Zen Magnet Recall Decision

    The Tenth Circuit ruled on Tuesday that an order by the U.S. Consumer Product Safety Commission recalling Zen Magnets LLC's spherical magnets over safety concerns did not violate the company's due process rights, reversing a lower court decision to disqualify one of the commissioners as biased.

  • August 04, 2020

    Union Says 'Remain In Mexico' Policy Hurts Asylum Officers

    The union that represents U.S. Citizenship and Immigration Services employees sided with asylum-seekers challenging the Trump administration's policy to keep them waiting in Mexico, telling the First Circuit on Tuesday that the policy prevents asylum officers from protecting immigrants from persecution.

Expert Analysis

  • Shipper Liability Ruling Aligns Mich. With Federal Safety Reg

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    The Michigan Court of Appeals' recent decision in McMaster v. DTE Energy Co., absolving a shipper of liability for personal injuries arising from an unsecured load, brings the state in line with a key federal safety regulation, and may nudge other states to follow suit, say Eric Conn and Thomas Lurie at Segal McCambridge.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

  • 5th Circ. PPP Ruling Doesn't Doom Debtors Seeking Loans

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    Despite the Fifth Circuit’s recent ruling in Hidalgo County Emergency Service Foundation v. Carranza barring debtors from receiving Paycheck Protection Program loans, this financial assistance is still available by filing in other circuits and through further workarounds, say Shane Ramsey and John Baxter at Nelson Mullins.

  • Pa. Ruling Shows Limits To Worker Free Speech Rights

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    The Pennsylvania Supreme Court’s recent ruling in Carr v. Pennsylvania proves that public sector employees’ First Amendment rights are not ironclad, and could trigger an accountability standard for their off-duty social media comments, says Mathew Parker at Fisher Phillips.

  • ERISA Remedies Could Increase Under Liu V. SEC Ruling

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    The U.S. Supreme Court’s recent ruling allowing disgorgement of profits as equitable relief in Liu v. U.S. Securities and Exchange Commission could open the door to additional remedies for Employee Retirement Income Security Act claimants, says Mark DeBofsky at DeBofsky Sherman.

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • What DC Circ. Tolling Order Ruling Means For FERC Cases

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    Given the D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission that FERC cannot use tolling orders to indefinitely delay rehearing of Natural Gas Act cases, the commission must consider new procedures to manage NGA rehearing requests — and probably Federal Power Act rehearing requests too, say Michael Yuffee and Ryan Norfolk at Winston & Strawn.

  • 6 Recent Insurance Decisions You May Have Overlooked

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    Several insurance coverage decisions from the first half of the year, in addition to those discussed in a recent Law360 article, hold important lessons regarding courts' current stance toward commonly litigated insurance principles, arguments and strategies, say attorneys at Anderson Kill.

  • 3 Ways High Court's Liu V. SEC Ruling Curtails FTC Authority

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    The U.S. Supreme Court's recent ruling in Liu v. U.S. Securities and Exchange Commission limited the Federal Trade Commission's authority in important ways, and the court's eventual decision in FTC v. Credit Bureau Center could prevent the regulator from seeking disgorgement or restitution altogether, say attorneys at Sidley.

  • HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

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    A new rule from the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services scaling back nondiscrimination regulations raises compliance questions for health providers, especially in light of the U.S. Supreme Court's recent broad interpretation of "on the basis of sex," say attorneys at Reed Smith.

  • Booking.com Ruling May Help Generic Hashtag Mark Owners

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    If brand owners can show that consumers perceive a generic term combined with a hashtag as source-identifying, the U.S. Supreme Court's recent Booking.com decision — that "generic.com" marks are not automatically unregistrable as trademarks — may just give refused hashtag marks new life, say Paul Thomas and Patricia Cotton at Pillsbury.

  • Employer Considerations After Justices' LGBTQ Rights Ruling

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    In light of the U.S. Supreme Court’s recent ruling that Title VII protects LGBTQ workers in Bostock v. Clayton County, companies should review employment policies for compliance, update diversity and inclusion mission statements, and consider several questions about the opinion’s potential reach, say attorneys at Blank Rome.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Unpacking The Supreme Court's Praise For The TCPA

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    The U.S. Supreme Court's decision in Barr v. American Association of Political Consultants strengthens the Telephone Consumer Protection Act as one of the most vexing and frequently deployed privacy statutes in the U.S., and paints the TCPA in a favorable light, say Ezra Church and Terese Schireson at Morgan Lewis.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

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