Appellate

  • November 27, 2019

    Law360's Tort Report: Georgia Damages Cap Faces Challenge

    A looming constitutional challenge of Georgia's cap on punitive damages and a Nevada water park's $49 million settlement over a boy's catastrophic injuries lead Law360’s Weekly Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • November 27, 2019

    Texas Court Axes City's Ban On 2nd-Home Short-Term Rentals

    Austin, Texas, unconstitutionally tried to regulate the types of property that can be used for short-term rentals like those offered through Airbnb and HomeAway, as well as the number of people who can stay in such homes, a Texas appellate court has ruled.

  • November 27, 2019

    3 Noteworthy ERISA Preemption Battles From 2019

    Some states have responded to rising health care costs and dwindling retirement savings by passing legislation, triggering challenges from business groups and others who say those statutes are trumped by federal benefits law. Here, Law360 looks back at three ERISA preemption disputes from 2019 that attorneys should have on their radar.

  • November 27, 2019

    Fed. Circ. Tosses Sleep Mask PTAB Appeal Over Standing

    The Federal Circuit tossed Fisher & Paykel Healthcare’s appeal of a Patent Trial and Appeal Board decision upholding a ResMed patent on a sleep apnea mask, saying Wednesday that Fisher hadn’t shown it was at serious risk of infringing the patent.

  • November 27, 2019

    Justices Urged Not To Weigh In On Payday Loan Ruling

    Consumers leading litigation accusing a tribe-owned lender of charging exorbitant interest rates urged the U.S. Supreme Court not to take up a challenge to a Second Circuit ruling that found arbitration clauses in the loan agreements unenforceable.

  • November 27, 2019

    Ohio Atty Suspended 2 Years For Tax Fraud Conviction

    An attorney previously disbarred from practicing before the U.S. Tax Court after being found guilty of helping clients avoid tax payments has been suspended from practicing law in Ohio for two years, the state Supreme Court said Wednesday.

  • November 27, 2019

    NJ Debtor Can't Duck Arbitration Clause For Lack Of Clarity

    A New Jersey state appeals court on Wednesday shot down a consumer’s argument that an arbitration provision in his credit card agreement wasn’t clear enough, saying the man’s proposed class action must be paused while he arbitrates claims a debt collector went after him without having the requisite state license.

  • November 27, 2019

    Former WH Counsel McGahn's Order To Testify Paused

    A D.C. federal judge on Wednesday delayed by one week her order requiring former White House counsel Don McGahn to testify before Congress as part of its presidential impeachment inquiry.

  • November 27, 2019

    NJ Teacher Can Arbitrate Super Bowl Parade Absence Dispute

    The New Jersey state appeals court affirmed that the Burlington City schools union can arbitrate its grievance over a teacher who was ordered to provide a doctor's note after he called out sick on the day of the Philadelphia Eagles' 2018 Super Bowl victory parade, ruling that the matter involved a negotiable contract term.

  • November 27, 2019

    8th Circ. Upholds Overrule Of Trustee For Bankrupt Lawyer

    The Eighth Circuit has found a claim of bad faith is not sufficient to deny a bankruptcy attorney an asset exemption on $30,000 in cash he had not disclosed in his initial Chapter 7 schedules.

  • November 27, 2019

    Supreme Court's Newest Cases Add Fuel To Explosive Term

    The U.S. Supreme Court term was already shaping up to be a historic one when it kicked off in October. But new cases involving abortion, regulatory agencies’ power and President Donald Trump’s tax returns are raising the stakes even further.

  • November 26, 2019

    Full Fed Circ. Urged To Leave PTAB Preclusion Holding Alone

    ALE USA Inc. urged the Federal Circuit on Tuesday not to revisit its recent win in a case over Ethernet technology and risk upending a longstanding precedent that says Patent Trial and Appeal Board invalidation rulings can negate trial court infringement damages involving the same patents, so long as some piece of the trial litigation is still open.

  • November 26, 2019

    Landry's Can't Collect $20M In Hack Coverage, 5th Circ. Told

    An insurer told the Fifth Circuit that a trial court properly ruled that it doesn't have to fund restaurant operator Landry's Inc.'s defense of JPMorgan Chase's $20 million lawsuit related to a data breach at Landry's properties.

  • November 26, 2019

    Del. Justices Affirm Ruling On $1B ETE Equity Issue

    The Delaware Supreme Court on Tuesday affirmed a trial court ruling that declined to void a $1 billion convertible unit distribution by pipeline company Energy Transfer Equity LP, weeks after unitholders who filed suit told the justices the transaction was unfair.

  • November 26, 2019

    BNSF On Hook For $3.45M Award To 'Deadheading' Conductor

    A Missouri appeals court affirmed a $3.45 million jury verdict against BNSF Railway Co. for injuries suffered by a "deadheading" conductor after his train hit a car, finding Tuesday that certain jury instructions were not improper.

  • November 26, 2019

    3rd Circ. Affirms Pierce Bainbridge Win In 'Gears Of War' Fight

    The Third Circuit on Tuesday sacked an attorney’s bid to enforce a purported $160,000 settlement with Pierce Bainbridge related to their mutual representation of an ex-NFL player and former pro wrestler who claims his likeness and voice were unlawfully used in the “Gears of War” video game franchise, finding that the parties never had a binding agreement.

  • November 26, 2019

    AIG Must Cover Office Depot's $78M Settlement, 9th Circ. Told

    Office Depot Inc. has asked the Ninth Circuit to rule that AIG must cover its $77.5 million settlement of a suit alleging it violated the California False Claims Act by overbilling public agencies, saying a lower court misapplied a slew of limitations and exclusions in the office supply giant's liability policy to foreclose coverage.

  • November 26, 2019

    Lloyd's Gets $19.5M Oil Rig Damage Award Trimmed

    A Texas appeals court on Tuesday wiped out more than $3.6 million from a $19.5 million judgment against underwriters at Lloyd's in a coverage dispute stemming from hurricane damage to an oil and gas drilling rig, deciding the insurer didn't know it was denying coverage improperly.

  • November 26, 2019

    Janssen Can't Use Tenn. Law To Nix $70M Risperdal Verdict

    A Johnson & Johnson unit can't cite a Tennessee law to duck a Philadelphia jury's $70 million compensatory damages award to a male patient whose use of the antipsychotic drug Risperdal since he was 4½ led him to develop breasts, the Superior Court of Pennsylvania ruled Tuesday.

  • November 26, 2019

    7th Circ. May Sanction Atty Over Altered Pics In Walmart Suit

    An attorney intentionally altered photos on appeal to make it appear they backed up claims that his client slipped and fell at a Walmart store, then lied to the court when asked about the change, the Seventh Circuit said Tuesday.

  • November 26, 2019

    5th Circ. Won't Nix OSHA Fine Against Scaffolding Co.

    The Fifth Circuit on Tuesday let stand a nearly $13,000 workplace safety fine incurred by a scaffolding company after a Texas employee was killed when a scaffold he was constructing collapsed, saying there was plenty of evidence to show the company committed a "serious" infraction ahead of the accident.

  • November 26, 2019

    Couple Entitled To $500K Refund On Properties, 9th Circ. Told

    A California couple is entitled to a $500,000 tax refund because their vacation properties could be treated as rentals on which they could claim losses, the Ninth Circuit was told.

  • November 26, 2019

    9th Circ. Says Ex-Grad Student Still Admissible Despite Fraud

    A former student and green card holder who provided false information on his initial green card application won a second chance to dodge a deportation order after the Ninth Circuit found that the immigration courts' appellate board had misconstrued the law over the J-1 exchange visitor program.

  • November 26, 2019

    Don't Delay Land Trust Mandate, Tribe Urges 10th Circ.

    An Oklahoma-based tribe asked the Tenth Circuit to deny the Cherokee Nation's bid to stay an appellate court decision letting the federal government take a parcel of land into trust for the tribe, saying its sovereign rights and economic interests would be harmed by a stay.

  • November 26, 2019

    Full Fed. Circ. Won't Rehear ITC E. Coli Patent Row

    Requests for the full Federal Circuit to reconsider whether a South Korean company’s animal feed additive imports infringe a valid Ajinomoto Co. Inc. E. coli bacteria patent fizzled Monday when the court said it won’t revisit the matter.

Expert Analysis

  • How PTAB Time Bar Law Is Evolving

    Author Photo

    While developing their inter partes review strategy, attorneys should be aware of several recent Patent Trial and Appeal Board decisions regarding the type of litigation activity that triggers statutory time bars and the appealability of these decisions, an issue currently pending before the U.S. Supreme Court in Thryv v. Click-to-Call, say attorneys at Goodwin.

  • 3 Legal Developments Calif. Real Estate Brokers Should Know

    Author Photo

    Two noteworthy state court decisions and a new worker classification law are among recent developments in California that affect housing and real estate law. Notably, they mirror issues roiling other legal practice areas, says Mark Loeterman of Signature Resolution.

  • Best Practices For US-Canada Virtual Mass Tort Teams

    Author Photo

    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Calif. ADA Ruling Applies Website Nexus Standard Broadly

    Author Photo

    While a California appellate court’s recent decision in Thurston v. Midvale leaves some Americans with Disabilities Act questions unanswered, it makes clear that commercial websites with a nexus to a physical location are subject to the law, says Jean-Paul Cart at Schiff Hardin.

  • High Court CFPB Review May Determine Fate Of FHFA Too

    Author Photo

    Like the Consumer Financial Protection Bureau, the Federal Housing Finance Agency's enabling statute prohibits termination of its director without cause, making the U.S. Supreme Court's upcoming determination of the CFPB's constitutionality in Seila Law v. CFPB critical to the fate of the FHFA's structure, says Laurence Platt at Mayer Brown.

  • 7th Circ. Ruling Reveals Broad-Exclusion Risks For Insurers

    Author Photo

    The Seventh Circuit's recent decision in Crum & Forster v. DVO serves as a reminder that expansive insurance policy exclusion language can be self-defeating under the so-called illusory coverage doctrine, and encourages parties to be direct and to-the-point, say Caroline Meneau and David Kroeger of Jenner & Block.

  • Atty Arbitration Case Provides Compliance Road Map In Calif.

    Author Photo

    While the U.S. Supreme Court’s recent decision not to review California’s arbitration agreement framework in Winston & Strawn v. Ramos means current case law stands, employers now have a solid game plan for crafting defensible arbitration agreements that comply with state law, says Anthony Guzman at Fisher Phillips.

  • Recent Antitrust Lessons For The Life Sciences Industry

    Author Photo

    Recent cases, such as the Suboxone litigation in Pennsylvania federal court, illustrate how life science companies' internal documents have led to significant antitrust consequences in the areas of life cycle management, mergers and acquisitions, pharmaceutical pricing and patent litigation settlements, say attorneys at White & Case.

  • LinkedIn Data Scraping Case Shows 9th Circ. Shift On CFAA

    Author Photo

    The Ninth Circuit's recent decision in hiQ v. LinkedIn that scraping publicly accessible data likely does not violate the Computer Fraud and Abuse Act reflects a shift in the court's jurisprudence, from a focus on authorization of access to whether the data is publicly accessible, say Joseph Mornin and Bethany Lobo of Cooley.

  • 9th Circ. Ruling Offers Refresher On CAFA Removal Principles

    Author Photo

    The Ninth Circuit’s recent Class Action Fairness Act decision in Arias v. Marriott is an important reaffirmation of the U.S. Supreme Court’s Dart Cherokee ruling, which held that class action removal to federal court should be reviewed under ordinary pleading standards, say Shareef Farag and Nicholas Poper at BakerHostetler.

  • Where Law Firm Partners Go When Changing Jobs

    Author Photo

    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • Calif. Wage And Hour Ruling Weakens Insurer Exclusions

    Author Photo

    A California appellate court's recent decision in Southern California Pizza v. Certain Underwriters at Lloyd's narrows the definition of a wage and hour claim, improving employers' chances of obtaining insurance coverage for broad-brush claims that include allegations of failure to reimburse employees for business-related expenses, say attorneys at Reed Smith.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

    Author Photo

    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • Fed. Circ. Standard On Patent Damages Needs Clarity

    Author Photo

    In light of inconsistent Federal Circuit decisions, perhaps the time is right for the U.S. Supreme Court to provide a consistent framework for patent damages apportionment, without which awards tend to be unpredictable and run the risk of overcompensating plaintiffs and discouraging innovation, says Jason Shull of Banner Witcoff.

  • Clinical Trials And Specific Jurisdiction After Bristol-Myers

    Author Photo

    In the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California, state and federal courts have viewed the location of clinical activities as largely immaterial to specific jurisdiction analysis in standard product liability actions, say Matthew Saxon and Rand Brothers of Winston & Strawn.

Can't find the article you're looking for? Click here to search the Appellate archive.