Appellate

  • August 11, 2020

    Split 5th Circ. Tosses Accountant's Suit Against SEC Judges

    A split panel of Fifth Circuit judges on Tuesday threw out a suit brought by an accountant who alleged the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal.

  • August 11, 2020

    Split 11th Circ. Says Ga. Dental Board Must Face Antitrust Suit

    Georgia's dental board members can't claim state action immunity to shield themselves from an antitrust suit lodged against them by SmileDirectClub, a split Eleventh Circuit declared Tuesday in a ruling that included a separate opinion from each judge on the panel.

  • August 11, 2020

    9th Circ. Says Domestic Violence Asylum Claims Aren't Invalid

    The Ninth Circuit on Tuesday vacated a pair of Board of Immigration Appeals decisions denying asylum to women fleeing domestic violence in El Salvador and Mexico, finding that former U.S. Attorney General Jeff Sessions' decision in Matter of A-B- doesn't totally bar domestic violence victims from protection on that basis.

  • August 11, 2020

    2nd Circ. Rejects Lehman's $1B Clawback Effort

    The Second Circuit ruled Tuesday that a Lehman Brothers unit cannot claw back $1 billion in financial crisis-era payments distributed after Lehman filed for bankruptcy more than a decade ago, finding that the payments were protected by a safe harbor.

  • August 11, 2020

    Iancu Wants Case Over PTAB Fee Model Held For Arthrex

    U.S. Patent and Trademark Office Director Andrei Iancu has urged the Federal Circuit to pause a case alleging that the Patent Trial and Appeal Board's fee model improperly encourages judges to institute America Invents Act reviews, saying the case should be held until the U.S. Supreme Court moves forward on Arthrex.

  • August 11, 2020

    Profs Tell 2nd Circ. To Save Non-AmEx Retailers' Steering Suit

    A group of antitrust law professors are backing retailers at the Second Circuit that are looking to revive claims that ​​​​American Express' anti-steering rules have increased the costs they incur when accepting other credit cards.

  • August 11, 2020

    Ill. Republicans Urge 7th Circ. To Revive Bid For Large Groups

    A Seventh Circuit Judge pushed back Tuesday on Illinois Republicans' claim that they should be exempted from group-size limits like religious gatherings are under Gov. J.B. Pritzker's latest COVID-19 safety order, saying the party isn't comparing apples to apples under the First Amendment.

  • August 11, 2020

    VidAngel Wants 9th Circ. To Erase Movie Studios' $62M IP Win

    Movie-sanitizing service VidAngel has asked the Ninth Circuit to erase a $62 million verdict against it in a copyright-infringement suit brought by major Hollywood movie studios such as Disney and Warner Bros., saying there were errors at trial.

  • August 11, 2020

    DOD Was Right To Refuse FOIA, 2nd Circ. Says In Reversal

    A U.S. Department of Defense unit can claim a national security exemption from a Freedom of Information Act request for images of terrorist attacks — even if another unit had already shared similar images, according to the Second Circuit.

  • August 11, 2020

    11th Circ. Reverses Judge, Tells Money Launderer To Pay Up

    The Eleventh Circuit on Tuesday reversed a district court ruling that had allowed a convicted money launderer to escape the government's $20.8 million forfeiture bid and instructed the lower court to begin a fact-finding and constitutional analysis.

  • August 11, 2020

    Full DC Circ. Not Inclined To Immediately Halt Flynn's Case

    A majority of the judges on the full D.C. Circuit bench appeared inclined Tuesday to allow a trial judge to complete his inquiry into the U.S. Department of Justice's bid to abandon Michael Flynn's criminal case, pushing back on the former Trump national security adviser's extraordinary petition for immediate dismissal.

  • August 11, 2020

    Steel Prep Co. Can't Duck NLRB's Pension Ruling At 9th Circ.

    A divided Ninth Circuit on Tuesday backed the National Labor Relations Board's finding that a Bay Area steel preservation company committed an unfair labor practice when it slashed contributions to a union pension fund without first bargaining with its workers' union.

  • August 11, 2020

    Fed. Circ. Urged To Undo Amgen's Win Over Cancer Drug IP

    An Indian drugmaker is asking the Federal Circuit to overturn a lower court decision upholding Amgen's patents for its anti-cancer drug Kyprolis, saying the ruling improperly "converts" a narrow claim to block it from using even noninfringing formulations for its planned generic.

  • August 11, 2020

    Pa. Panel Won't Revive J&J Mesh Patient's Injury Claims

    A Pennsylvania appeals court on Tuesday rejected arguments that improperly admitted testimony from a woman's treating physician led a jury to erroneously clear a Johnson & Johnson unit in a lawsuit over alleged injuries from a pelvic mesh implant.

  • August 11, 2020

    Boston, LA Ask DC Circ. To Review FCC 5G Order

    Several major U.S. cities, including Boston and Los Angeles, are asking the D.C. Circuit to review a Federal Communications Commission order limiting local governments' authority to delay equipment upgrades in the agency's effort to expedite the deployment of 5G networks.

  • August 11, 2020

    5th Circ. Keeps La. Coastal Drilling Suits In State Court

    The Fifth Circuit on Monday kept in Louisiana state court lawsuits alleging oil and gas companies unlawfully drilled along the state's coast for decades, rebuffing the companies' latest bid to remove to federal court the suits lodged by Louisiana parishes.

  • August 11, 2020

    Intuit Can Force TurboTax Row Into Arbitration, 9th Circ. Says

    TurboTax users agreed to arbitration when they signed up for the tax preparation software and can't sue Intuit over allegations they were inappropriately steered away from the free version of the service, the Ninth Circuit said Tuesday.

  • August 11, 2020

    Pot Co. Can't Stop TCPA Suit For High Court Autodialer Ruling

    A California federal judge refused to stop a Telephone Consumer Protection Act suit against a cannabis marketing company to wait for the U.S. Supreme Court to rule on a similar case, saying Tuesday she can't determine whether the cases truly overlap.

  • August 11, 2020

    3rd Circ. Won't Revive Fired Amtrak Foreman's Race Bias Suit

    The Third Circuit upheld Amtrak's win in a suit filed by a Black former track foreman who said the railroad punished him more harshly than a white colleague for their roles in a crash that killed two workers, finding that his missteps contributed to the fatal derailment.

  • August 11, 2020

    Metals Investor Seeks To Ax Award In Mexican Gold Mine Fight

    A precious metals investor asked the Tenth Circuit to vacate a $400,000 award in its long-running dispute with Canada's Goldgroup Mining Inc. over a Mexican gold mine, saying a Colorado federal court wrongly confirmed the award this spring.

  • August 11, 2020

    Auto Alliance, Chamber Rip 9th Circ.'s VW Tampering Ruling

    The U.S. auto industry's largest trade group and the Chamber of Commerce told the Ninth Circuit that allowing state and local governments to regulate post-sale updates to vehicles would create a hopelessly unmanageable patchwork of regulation that would throw the automotive industry into chaos.

  • August 11, 2020

    Feds Drop Appeal Of $15M Brain Injury Verdict, Ink $10M Deal

    The federal government will drop its Sixth Circuit appeal of a $15 million bench verdict in a suit accusing a Tennessee military hospital of causing a newborn baby's permanent and severe brain damage, in exchange for paying a lower $10 million settlement, according to court papers filed Tuesday.

  • August 11, 2020

    9th Circ. Denies Judge Immunity For Immigrant's Illegal Arrest

    The Ninth Circuit on Tuesday backed a decision denying a Montana sheriff deputy and local judge qualified immunity for the unconstitutional courthouse arrest of an immigrant who was allegedly in the country illegally, finding the sheriff didn't have probable cause for the bust and that the judge was an "integral participant" in the misconduct. 

  • August 11, 2020

    Supreme Court Won't Halt NCAA Education Benefits Ruling

    The U.S. Supreme Court on Tuesday refused the NCAA's request to stay a ruling striking down the organization's limits on what education-related benefits schools can provide to athletes.

  • August 11, 2020

    Builder's $3M Deal In Worker Death Not Covered, 9th Circ. Told

    An insurer at Lloyd's of London urged the Ninth Circuit on Monday to affirm it is not liable for a developer's $3.5 million settlement over the death of a subcontractor's employee, saying the worker's parents' claims against the insurer are barred by their prior settlement with the developer's insurance policy administrator.

Expert Analysis

  • Ways To Secure Consumers' Electronic Consent For Data Use

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    Many privacy laws require written consent from consumers to use or disclose their nonpublic personal information, but it is easy for digital businesses to obtain multipurpose electronically signed consents that protect against civil and regulatory actions, says Brian Casey at Locke Lord.

  • Calif. Appellate Ruling May Trigger More Citizen Tax Initiatives

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    A California Court of Appeal's recent decision in the Matter of Proposition C allowed special taxes proposed by voter initiative to pass with a simple majority, narrowing the previous supermajority requirement, which will likely lead to an increase in tax initiatives proposed and passed by citizen groups, say Mike Shaikh and Nicole Ford of Baker McKenzie.

  • BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

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    Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Copyright Law Issues Plague Sherlock Holmes Suit

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    The Arthur Conan Doyle estate's recent lawsuit in a New Mexico federal court against Netflix over a Sherlock Holmes movie faces significant challenges to its copyright infringement argument, including a Seventh Circuit ruling that Sherlock Holmes characters who appeared in public domain and copyright-protected stories can exist in different forms, says Stephen Lee at Benesch Friedlander.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • UK Court Of Appeal Ruling Clarifies US Sanctions Compliance

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    The U.K. Court of Appeal's recent decision in Lamesa Investments v. Cynergy Bank considered whether U.S. secondary sanctions were a mandatory provision of law under a standard agreement clause and is a valuable reminder of the importance of bespoke drafting of sanctions-related contractual clauses, say Jason Hungerford and Paul Whitfield-Jones at Mayer Brown.

  • Neb. Ruling May Squash Consent By Registration Theory

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    In Lanham v. BNSF, the Nebraska Supreme Court's first-of-its-kind decision — which rejected on constitutional grounds the argument that corporations consent to jurisdiction where they register to do business — opens up a new line of precedent that defense counsel may use to shut the door on this long-debated theory, say attorneys at Gibson Dunn.

  • Timing IPRs To Avoid Discretionary Denial Or Damages

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    For patent defendants determining how long they can wait to file parallel inter partes reviews to avoid discretionary denial under the Patent Trial and Appeal Board's recent Apple v. Fintiv ruling, a data-driven approach using recent district court and U.S. International Trade Commission timelines can provide guidance, say Syed Fareed and John Williams at Baker Botts.

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

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