Appellate

  • April 09, 2020

    Days After 5th Circ. Order, Texas Judge OKs Some Abortions

    A Texas federal judge on Thursday permitted certain abortions to proceed in the Lone Star State during the COVID-19 pandemic, granting a narrower restraining order to reproductive rights groups just two days after the Fifth Circuit gave the state's abortion ban the green light.

  • April 09, 2020

    9th Circ. Rolls Back Union Pacific Worker's $5M Injury Award

    A Union Pacific truck driver's $5 million trial award for injuries suffered from a bridge collapse must be reduced, or he must undergo a new trial, the Ninth Circuit ruled Thursday in finding that an award of $1.5 million in future lost wages was not justified.

  • April 09, 2020

    9th Circ. Judge Slams ICE Detainee's Virus-Based Release Bid

    A split Ninth Circuit panel sent an immigration detainee’s coronavirus-based emergency release bid to a California district court on Thursday, though the dissenting judge said the appeals panel should have tossed the case by the man with no COVID-19 symptoms, asking "If he's entitled to relief, who isn't?"

  • April 09, 2020

    ISPs' COVID Response Said To Negate Net Neutrality Rules

    Generous actions from internet service providers during the coronavirus pandemic prove that broad, now-repealed net neutrality rules were always unnecessary, an economist said Thursday during a webinar hosted by the conservative legal group Committee for Justice.

  • April 09, 2020

    Lieff Cabraser Fights Order To Repay $1M In State Street Deal

    Lieff Cabraser said Thursday that it plans to challenge a $1.1 million repayment ordered by a Massachusetts federal judge who said the firm had overbilled a class of investors in a $300 million settlement with State Street Corp. over its foreign exchange practices.

  • April 09, 2020

    Va. Justices Order New Trial In Fatal Opioid Overdose Suit

    The Virginia Supreme Court on Thursday ordered a new trial in a suit accusing a physician of negligently prescribing opioids to a patient for years that led to her accidental overdose death, saying a claim for punitive damages was wrongly taken off the table by the trial judge.

  • April 09, 2020

    Texas Court Says Evidence Backs $1.7M Sex Assault Award

    A $1.68 million jury award in a sexual assault case was upheld Thursday when a Texas appellate court rejected challenges to the sufficiency of the evidence by the two men alleged to have carried out the attack.

  • April 09, 2020

    Insurers Shouldn't Have To Pay For Medical Pot, Court Told

    An insurance industry trade group told the Massachusetts Supreme Court on Thursday that insurers should not be compelled to reimburse injured workers for their use of medical marijuana, saying that would force a violation of federal law.

  • April 09, 2020

    Fed. Circ. Revives Nevro Spine Pain IP Axed As Indefinite

    The Federal Circuit on Thursday revived claims of four Nevro Corp. patents covering spinal cord stimulation technology that a California federal judge had invalidated as indefinite, faulting how the judge construed several key terms.

  • April 09, 2020

    NJ Court Says $1.8M Is A Fair Price For Seized Landfill

    The New Jersey state appeals court affirmed Thursday that $1.8 million is a fair price for a state planning and zoning agency to pay the town of Kearny for a landfill parcel, rejecting the town's argument that the property's revenue potential made it worth far more.

  • April 09, 2020

    Fed. Circ. Says Air Force Overstepped On Major's Discharge

    The Federal Circuit ruled Thursday that the U.S. Air Force wrongly discharged a major after his progress up the ranks stalled, saying it had overstepped its authority by narrowing an exception to the military’s “up-or-out” promotion policy.

  • April 09, 2020

    6th. Circ. Says Pilot Can't Send OT Case To Arbitration

    The Sixth Circuit refused Thursday to make about 4,000 workers arbitrate wage claims against rest stop operator Pilot in a ruling that also suggested, but did not hold, that arbitration agreements can’t supersede courts’ authority to decide whether a challenged pact is valid.

  • April 09, 2020

    The Term: Coronavirus No Panacea For High Court Division

    This week, the team discusses the Supreme Court’s first coronavirus-related ruling in a case involving Wisconsin’s election, which highlighted how the court’s partisan division may play out through the deadly pandemic

  • April 09, 2020

    Fed. Circ. Says PTAB Can't Nix Amendments Without Notice

    The Federal Circuit ruled Thursday that the Patent Trial and Appeal Board cannot use its own new theory to find a proposed amended patent claim invalid without first notifying the parties, reviving Nike's long-running bid to amend a shoe patent challenged by Adidas.

  • April 09, 2020

    NJ Panel Kills Enviro Business' Award In Asbestos Job Suit

    A New Jersey appeals court on Thursday reversed an environmental service company’s $54,000 win in a contract breach suit, finding that a contractor was empowered to scale back a subcontractor’s work removing asbestos from a school district. 

  • April 09, 2020

    Panel Axes $10M Award In Surgery Patient's Drug Death Suit

    A Pennsylvania appeals court ruled Thursday that jurors returned an improperly “excessive” verdict when they awarded $10 million in damages to the husband of a woman who died from adverse drug interactions in the hours after a procedure at the Laser Spine Institute.

  • April 09, 2020

    Oil Well Permits Didn't Need Enviro Review, Calif. Court Says

    California regulators did not violate state law by authorizing Aera Energy LLC to drill in a Kern County oil field without an environmental review, a state appeals court held Wednesday, rejecting claims from resident and environmental groups.

  • April 09, 2020

    Fed. Circ. Backs EDTX Decision Clearing Needle Co. In IP Suit

    The Federal Circuit on Thursday affirmed an Eastern District of Texas decision clearing Repro-Med Systems Inc. in a patent lawsuit over medical needle devices, concluding the needle maker's products do not contain a groove described in the disputed patent.

  • April 09, 2020

    2nd Circ. Asks NY High Court To Clarify Bias Coverage Rules

    The Second Circuit on Thursday asked New York's highest court to decide whether Philadelphia Indemnity Insurance Co. must cover a Brooklyn mental health center's costs to defeat a suit alleging it refused to serve a deaf woman.

  • April 09, 2020

    Singapore Court Sends $170M Debt Dispute To Arbitration

    The Singapore Court of Appeal concluded Tuesday that a debtor need only prove a disputed debt is subject to an arbitration agreement in order to escape a winding-up application initiated by a creditor, reversing an opposing conclusion reached by a lower court in a $170 million dispute.

  • April 09, 2020

    Biz Group Wants Justices To Tackle NFL 'Sunday Ticket' Suit

    The U.S. Chamber of Commerce backed the NFL and DirecTV in their push for U.S. Supreme Court review of a Ninth Circuit ruling that revived an antitrust suit over "Sunday Ticket" games, saying it threatens to upend lawful joint ventures.

  • April 09, 2020

    Fla. High Court Codifies Chief Justice's Emergency Powers

    The Florida Supreme Court said Thursday that in times of emergency, such as the ongoing COVID-19 pandemic, the chief justice can take steps to mitigate difficulties the bar and its members may face in meeting requirements of the Rules Regulating the Florida Bar.

  • April 09, 2020

    No Atty Fees For WV Sewer District In EPA Row, Says 4th Circ.

    A municipal sewer utility in West Virginia can't collect attorney fees in its lawsuit seeking to force the U.S. Environmental Protection Agency to act on a proposed pollution discharge plan, the Fourth Circuit said Thursday.

  • April 09, 2020

    1st Circ. Finds No Fraud In Ocular Therapeutix Stock Suit

    Biotech company Ocular Therapeutix didn't intentionally mislead investors in conference calls and filings about manufacturing problems that led to the U.S. Food and Drug Administration twice denying its steroid treatment for eye pain, the First Circuit said Thursday.

  • April 09, 2020

    7th Circ. Is Told National Class Can't Stay In Ill. TCPA Suit

    Health information technology company IQVIA has told the Seventh Circuit that a major high court ruling limiting personal jurisdiction in mass torts extends to class actions, as part of the company's effort to cut national consumers out of a proposed class suit over unwanted faxes.

Expert Analysis

  • High Court Inaction Paves Way For Increasing FCA Dismissals

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    Monday’s U.S. Supreme Court denial of certiorari in U.S. v. JPMorgan Chase has implications for False Claims Act litigants because it maintains important precedent allowing the U.S. Department of Justice to dismiss whistleblower cases without being subject to probing judicial review, say Brandon Moss and Michelle Bradshaw at Wiley Rein.

  • 8th Circ. Ruling Highlights Benefits Of Out-Of-Court Workouts

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    Out-of-court restructuring can be favorable to both distressed companies and creditors, and the Eighth Circuit bankruptcy appellate panel's recent decision in the case of Gas-Mart reassures parties that such workouts would be protected from 20/20 hindsight litigation, says attorney Richard Corbi.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • CARES Act And The Future Of Remote Criminal Proceedings

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    In light of the Coronavirus Aid, Relief, and Economic Security Act's authorizing videoconferencing for a variety of criminal proceedings, it may be time to revisit the physical presence requirement in criminal law, says Steven Gordon at Holland & Knight.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Pandemic Telework May Undermine Employer ADA Defense

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    The broad embrace of teleworking during the coronavirus pandemic may expand Federal courts’ willingness to consider working from home as a reasonable employee accommodation under the Americans with Disabilities Act, weakening employer arguments against such claims, say Robert Nichols and Caroline Melo at Bracewell.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Bid Protest Spotlight: Availability, Disparate Treatment, Codes

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    In this month's bid protest roundup, James Tucker and Markus Speidel at MoFo look at three March decisions: The Government Accountability Office considered alleged unavailability of key personnel, the Federal Circuit set precedent for establishing disparate treatment, and the Court of Federal Claims adopted a test to review North American Industry Classification System code designations.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

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