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Appellate

  • June 24, 2019

    Colo. Stripper Suit Raises Bar For Forced Arbitration

    Resolving a question spurred by a dispute between strippers and the corporate owner of their clubs, the Colorado Supreme Court said Monday it will hold arbitration agreements to the same standards as other contracts in situations when parties who haven’t signed the agreements want to enforce them.

  • June 24, 2019

    High Court Won't Hear Challenge To Cy Pres Mechanism

    The U.S. Supreme Court on Monday declined to hear a challenge to an arrangement that steered leftover class action settlement funds to universities instead of class members, after remanding a similar "cy pres" privacy deal in March on standing issues.

  • June 24, 2019

    Mesh Case Has Weak Ties To Pa., J&J Tells State Justices

    Johnson & Johnson has asked Pennsylvania’s Supreme Court to restrict state courts’ ability to hear cases in which both sides are from out of state, saying that an Indiana resident who won $12.5 million over allegedly defective pelvic mesh had no business being heard in a Philadelphia court.

  • June 24, 2019

    Supervisor's Question About Union Was Legal, 2nd Circ. Says

    A supervisor at a warehouse company didn’t break labor law by asking an employee about a prospective union, but the company did illegally fire the worker based on cooked-up productivity data, the Second Circuit ruled Monday.

  • June 24, 2019

    Fed. Circ. OKs VA's Return To Disputed Benefit Approach

    The U.S. Department of Veterans Affairs acted reasonably when it amended a disability benefits rule to reinstate its position that the "synergistic impact" of multiple disabilities cannot be considered in extraordinary benefit determinations, the Federal Circuit ruled Monday.

  • June 24, 2019

    Abiomed Asks 1st Circ. Not To Revive Exec's $5M Bonus Suit

    A former Abiomed executive didn’t come close to achieving a career milestone worth $5 million in shares, the medical implant maker has told the First Circuit, saying the company wasn’t "on the brink" of a key regulatory approval when it canned him.

  • June 24, 2019

    Offensive Trademarks Ruling: 4 Parts You Need To Read

    The U.S. Supreme Court says the government can no longer refuse to register curse words and other offensive material as trademarks, but don't go filing that profanity-laden application until you read Monday's decision. As you do, here are four big things you shouldn't miss.

  • June 24, 2019

    Justices Won't Hear Tribe's Appeal Over Drunken-Driving Row

    The U.S. Supreme Court declined Monday to hear a petition by the Poarch Band of Creek Indians and its casino over tribal immunity related to a drunken-driving suit in Alabama, denying certiorari, although the U.S. solicitor general suggested the high court might want to review or remand the case.

  • June 24, 2019

    Insurance Appraisers Can't Show Bias, Colo. Justices Say

    A split Colorado Supreme Court ruled Monday that appraisers in property insurance disputes are not permitted to favor one party over the other, reviving Owners Insurance Co.'s challenge of a condominium association's $3 million appraisal award for hail damage.

  • June 24, 2019

    Fed. Circ. Finds Teva Infringed UCB Parkinson's Patch Patent

    The Federal Circuit on Monday upheld a lower court's decision that a UCB patent covering Neupro, a patch used to treat Parkinson's disease, is infringed by a planned generic version from a company now owned by Teva, and also that a second patent on the product is invalid.

  • June 24, 2019

    Pa. AG Drops Suit As UPMC, Highmark Strike 10-Year Deal

    Pennsylvania Attorney General Josh Shapiro said Monday that he is withdrawing his lawsuit accusing the University of Pittsburgh Medical Center of violating the state’s laws regulating charities, after the health care giant inked a 10-year contract to provide access to insurance customers of rival Highmark Inc.

  • June 24, 2019

    6th Circ. Says Cleveland Ex-Cop's Bias Suit Rightly Tossed

    The Sixth Circuit declined Monday to revive a former Cleveland police officer's suit alleging he was discriminated against for being black and ultimately forced into retirement, finding that he didn't show he was treated differently from comparable officers.

  • June 24, 2019

    High Court Puts Local Limits On Energy Development At Risk

    The U.S. Supreme Court's recent takings ruling could flood federal courts with challenges to state and local restrictions on energy development and discourage state and local governments from enacting limits on things like oil and gas drilling or large-scale renewable energy projects.

  • June 24, 2019

    High Court Passes On Wis. Butter Grading Law Case

    The U.S. Supreme Court on Monday rejected a petition to hear a case regarding whether or not a Wisconsin state law requiring butter to be graded before hitting store shelves is constitutional.

  • June 24, 2019

    4th Circ. Won't Stay $61M Order In Dish Telemarketing Suit

    A Fourth Circuit panel Monday ruled out staying the court’s May decision upholding a $61 million verdict over telemarketing calls against Dish Network that the satellite giant sought while awaiting possible Supreme Court review of the case.

  • June 24, 2019

    Cooley Snags Key Mueller Prosecutor Andrew Goldstein

    Former special counsel prosecutor Andrew Goldstein will join Cooley LLP as a litigation partner in its Washington, D.C., and New York City offices, the firm announced Monday.

  • June 24, 2019

    Justices Seek SG's Input In Ariz. Tax Dispute With Calif.

    The U.S. Supreme Court invited U.S. Solicitor General Noel Francisco on Monday to offer input on Arizona's claim that California overreached its taxing authority in assessing taxes on Arizona businesses and individuals with no business activities in the Golden State.

  • June 24, 2019

    Texas Supreme Court Halts El Paso Landmark Demolition

    The Texas Supreme Court has halted the demolition of a set of buildings to make way for a $180 million entertainment facility after a local historian told the court the bell "cannot be unrung" if the potential landmarks are razed.

  • June 24, 2019

    Ill. State Bar Insurer Off The Hook In Atty Fee Fight

    The Illinois State Bar Association Mutual Insurance Co. has no duty to defend a Chicago attorney against a motion made by former clients to keep him from taking attorney fees out of a $25 million settlement, an Illinois appellate court has held.

  • June 24, 2019

    Arnold & Porter Adds High Court Pro As DC Appellate Head

    A veteran appeals litigator and former top government lawyer who has argued nine times before the U.S. Supreme Court has joined Arnold & Porter to helm the firm’s Washington, D.C., appellate and high court team, the firm announced Monday.

  • June 24, 2019

    Fed. Circ. Lets Merck Add Parent Co. Without Resetting IPR

    The Patent Trial and Appeal Board was within its rights to let Merck Sharp & Dohme Corp. add its parent company to an inter partes review without resetting the clock on the litigation, the Federal Circuit has ruled.

  • June 24, 2019

    High Court Roundup: Justices Won't Hear 3 Patent Cases

    The U.S. Supreme Court on Monday turned down appeals in a number of patent cases, including one that could open a new avenue for patent damages on outside-the-U.S. sales and another arguing that the Federal Circuit misapplied a test to determine patent eligibility by requiring that the invention have a "physical" improvement.

  • June 24, 2019

    Justices Won't Review Colo. Pot Co. Claims Of IRS Overreach

    The U.S. Supreme Court on Monday declined to review a Colorado medical marijuana business's claims that the Internal Revenue Service overstepped its bounds by rejecting more than $50,000 in business expenses and concluding that pot companies are criminal organizations.

  • June 24, 2019

    Samsung OK'd To Seek Info Seal In Qualcomm Class Fight

    Samsung received the Ninth Circuit's permission Monday to intervene in Qualcomm's appeal of a ruling that certified a class estimated to include 250 million cellphone buyers who allegedly overpaid because of its licensing practices, as the phone maker looks to protect confidential information.

  • June 24, 2019

    High Court Turns Away 3 Transportation Cases

    The U.S. Supreme Court turned away three transportation appeals Monday, including petitions challenging Los Angeles’ requirement that airport businesses negotiate labor peace agreements with unions that request them and the Seventh Circuit’s revival of a pay dispute involving SkyWest flight attendants.

Expert Analysis

  • SC Attorney-Client Privilege Ruling Is A Gift To Insurers

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    In the Mt. Hawley case, the South Carolina Supreme Court adopted a case-by-case framework to address competing concerns in discovery of insurers' attorney-client privileged communications in bad faith litigation. In doing so, however, the court created an unfair requirement for policyholders, say Bradley Dlatt and James Davis of Perkins Coie.

  • How Much Deference Courts Owe To USPTO Guidance

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    While the Federal Circuit has declined to fully decide whether any deference is owed to the U.S. Patent and Trademark Office's guidance, the U.S. Supreme Court's 1944 Skidmore decision provides the appropriate framework for analysis, says Andrew Michaels of the University of Houston Law Center.

  • High Court's Unsurprising Opinion In Gerrymandering Case

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    The U.S. Supreme Court's decision this week in the gerrymandering case Virginia House of Delegates v. Bethune-Hill repeats a pattern of the court grasping at standing doctrine as an escape hatch to avoid overtly political rulings, says Ryan Cortazar at Korein Tillery.

  • Rohrmoos Highlights Steps To Securing Atty Fees In Texas

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    The contours of the Texas Supreme Court's decision in Rohrmoos Venture v. UTSW DVA Healthcare provide important clarifications, reminders and cautions regarding attorney fee claims — most importantly, that providing billing records is essentially indispensable, say attorneys at Jones Walker.

  • How A Procedural Misstep Can Invalidate IRS Penalties

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    The U.S. Tax Court’s recent determination in Romano-Murphy v. Commissioner, that failure to provide a preassessment hearing invalidated IRS penalties, highlights important distinctions between key functions and personnel within the IRS Office of Appeals, say Michael Chittenden and Michael Lloyd at Covington.

  • Digital Data Privacy One Year After Carpenter

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    Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • Perspectives

    High Court's 'Separate Sovereigns' Ruling Is Good For Tribes

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    The U.S. Supreme Court's decision in Gamble v. U.S. — reaffirming the so-called separate sovereigns doctrine — preserves tribal prosecutors' autonomy and ability to respond promptly to offenses without worrying about the legal repercussions on federal prosecutions, say Steven Gordon and Philip Baker-Shenk of Holland & Knight.

  • A Common Thread In High Court Bankruptcy Cases This Term

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    While the two significant bankruptcy cases from this U.S. Supreme Court term — Taggart v. Lorenzen and Mission Product Holdings v. Tempnology — may appear to involve entirely separate issues, there is a similarity in the cases that could illuminate something important about how the court views bankruptcy law, says Craig Goldblatt of WilmerHale.

  • Shippers Look To High Court For 'Safe Berth' Resolution

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    A charterer that nominates a “safe berth” to load and discharge cargo may or may not be obligated to guarantee the berth’s safety for the vessel, depending on where the issue is being litigated. The U.S. Supreme Court has an opportunity to resolve the question in its upcoming ruling in Frescatti Shipping, says Andrew Stakelum of King & Spalding.

  • 9th Circ. Got Cost-Sharing Right In Altera V. Commissioner

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    The problem underlying the Ninth Circuit’s recent Altera v. Commissioner decision is one that has long bedeviled courts considering how multinational companies should share tax costs: how to determine what unrelated parties would have done at arm’s length when comparables cannot be found, says Reuven Avi-Yonah at the University of Michigan.

  • NY Yellowstone Injunction May Become Unviable For Tenants

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    Following the New York Court of Appeals' decision in 159 MP v. Redbridge allowing landlords to seek waiver of the Yellowstone injunction — a crucial lease-preservation tool for commercial tenants — negotiations over such waivers in leases will be sharply contested, say attorneys at Fried Frank.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.