Appellate

  • October 11, 2019

    Presidents Immune From Criminal Probes, Trump TellS 2nd Circ.

    Lawyers for President Donald Trump argued Friday that as a sitting president, he has “absolute immunity” from criminal investigations and therefore the Second Circuit should block the Manhattan district attorney from subpoenaing Trump’s tax returns.

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    4 Privacy Disputes Ripe For Supreme Court Review

    While the U.S. Supreme Court doesn't currently have a blockbuster privacy case on its docket, several hot-button issues are primed to be added to the justices' agenda, such as the standards for certifying massive privacy classes and the harm that has to be shown to prop up data breach claims.

  • October 11, 2019

    Fed. Circ. Backs PTAB's Gutting Of Duke Muscle Treatment IP

    The Federal Circuit on Friday upheld the Patent Trial and Appeal Board's decision on remand striking down one claim of a Duke University patent for treating a muscle disease, closing the book on a challenge brought by BioMarin Pharmaceutical Inc. that dates back to 2013.

  • October 11, 2019

    Up Next At High Court: Puerto Rican Debt Crisis, DC Sniper

    The Puerto Rican debt crisis and the D.C. sniper shootings are among the cases that will come before the U.S. Supreme Court this week. The justices will grapple with the scope of the Constitution's appointments clause and their own recent juvenile sentencing rulings. Here is what to expect.

  • October 11, 2019

    3rd Circ. Upholds Nike, Port Authority Wins In Title VII Rulings

    In two opinions Friday, Third Circuit panels upheld lower court rulings granting early judgment in favor of the Port Authority of New York and New Jersey and Nike Inc. in Title VII suits brought by two former employees that alleged discrimination and retaliation.

  • October 11, 2019

    9th Circ. Reinstates Suit Over 2 Yosemite Campers' Deaths

    The Ninth Circuit has revived a suit seeking to hold the federal government responsible for the deaths of two teens killed in Yosemite National Park after a tree branch fell on their tent, saying the trial judge erred by tossing the case on sovereign immunity grounds.

  • October 11, 2019

    6th Circ. Keeps Block On Ohio Down Syndrome Abortion Ban

    The Sixth Circuit on Friday blocked an Ohio law that would have criminalized abortion based on a Down syndrome diagnosis, saying U.S. Supreme Court precedent protecting a woman's right to an abortion isn't outweighed by the state's interest in preventing disability discrimination.

  • October 11, 2019

    Generics, Others Back Impax Against FTC In 5th Circ.

    A trade group for the generic pharmaceutical industry, along with others, threw support Thursday behind Impax Laboratories LLC's Fifth Circuit appeal seeking a reversal of a Federal Trade Commission decision in a generic delay case, arguing the agency got its analysis all wrong.

  • October 11, 2019

    Rooftop Watering Hole Plan Weathers Antenna Dispute

    A Texas appellate court has upheld the scrapping of an injunction that blocked a Fort Worth building owner from constructing a rooftop bar that allegedly interferes with wireless signals, saying the trial court acted within its discretion.

  • October 11, 2019

    States Can't Monetize Power Of Law, Group Tells Justices

    A group called Public.Resource.Org has filed its opening shot in a U.S. Supreme Court case over whether states like Georgia can claim copyright ownership of legal texts, saying private publishers shouldn’t be allowed to monetize the value of legal authority.

  • October 11, 2019

    4th Circ. Pauses Review Of FWS Permit For $5B Pipeline

    The Fourth Circuit on Friday blocked the U.S. Fish and Wildlife Service's authorization for the Mountain Valley gas pipeline amid a legal challenge, and stayed the case until January to allow the agency to finish consulting with the Federal Energy Regulatory Commission on the project's impacts.

  • October 11, 2019

    DC Circ. Presses SEC To Justify Exchange Fee Program

    The D.C. Circuit on Friday seemed skeptical that the U.S. Securities and Exchange Commission had identified an existing problem warranting a two-year pilot program that could cap the fees major exchanges receive.

  • October 11, 2019

    8th Circ. Won’t Rehear Monsanto Label Settlement Objection

    The Eighth Circuit will not rehear an objector's case against a $21.5 million settlement between Monsanto Co. and a class of Roundup buyers who claimed the company deceived them about how much weedkiller could be made from concentrate, the court announced Friday.

  • October 11, 2019

    NJ Biz Can’t Appeal $4.5M Property Value, Appeals Court Says

    A New Jersey property owner cannot contest a city tax assessor’s $4.5 million valuation of its property because the previous owner did not timely provide requested income information for assessment purposes, a state appeals court said Friday.

  • October 11, 2019

    Infowars Can't Use Free Speech Law To End Sandy Hook Suit

    Alex Jones and Infowars cannot use a Texas free speech law to end a lawsuit that seeks damages for intentional infliction of emotional distress over Jones' comments that the Sandy Hook Elementary mass shooting may not have happened, a Texas appellate court ruled Friday.

  • October 11, 2019

    Pa. Court Flags $700K Judgment Over Eagles Game Fight

    A Pennsylvania state appeals court on Friday reversed a $700,000 judgment awarded to a Dallas Cowboys fan who claimed the Philadelphia Eagles were negligent in providing security at their home stadium, ruling the team could not have anticipated a fight happening in the stadium bathrooms.

  • October 11, 2019

    Trump's Medicaid Work Requirements Questioned By DC Circ.

    A three-judge panel of the D.C. Circuit on Friday rebuked the Trump administration for failing to properly consider health insurance coverage losses when it approved work mandates in the federal-state health program for low-income people in Arkansas and Kentucky last year.

  • October 11, 2019

    Union Can't Avoid Charter Strike Arbitration, 2nd Circ. Says

    The Second Circuit ruled Friday that the International Brotherhood of Electrical Workers can’t avoid arbitration with Charter Communications over a March 2017 strike, rejecting the union's argument that a National Labor Relations Board ruling meant it wasn't bound by a no-strike agreement.

  • October 11, 2019

    2nd Circ. Orders Damages Redo In Health Plan Funding Row

    The Second Circuit has found that a federal district judge incorrectly applied an interest rate when looking at how much a food services business owed a union health plan in damages for unpaid health care contributions, kicking the case back to the lower court to rethink how much the company needs to pay.

  • October 11, 2019

    Pa. Can Trim Workers' Comp. By Degree Of Injury, Panel Says

    A Pennsylvania appellate court on Friday upheld part of the state's workers' compensation law allowing employers to make recipients undergo a physical exam to determine their degree of impairment, which can shorten how long recipients continue receiving the benefits.

  • October 11, 2019

    Calif. 'Grace Period' For Policy Termination Not Retroactive

    A California appeals court ruled Thursday that “grace period” laws requiring life insurers to wait 60 days after a policyholder misses a premium payment before terminating coverage don't apply to policies sold before the statutes took effect in 2013, upholding a jury verdict allowing Protective Life Insurance Co. to cancel a policy issued in 2005.

  • October 11, 2019

    FCC Accounting Freeze Misallocates Billions, DC Circ. Told

    The telecom stakeholders fighting a Federal Communications Commission decision to extend a long-running freeze on a wireline cost allocation regime told the D.C. Circuit the suspension keeps local public utility customers on the hook for the growing costs of private networks.

  • October 11, 2019

    5th Circ. Won't Revisit Ruling Nixing Tenn. Benefits Law

    A Fifth Circuit panel has declined to upend its decision that the Employee Retirement Income Security Act trumps a Tennessee law making it easier for physicians to sue insurance companies over disputed medical bills.

  • October 11, 2019

    Trump Business Records Can Be Subpoenaed, DC Circ. Says

    President Donald Trump's longtime accounting firm must hand over business records to a congressional committee investigating the president, the D.C. Circuit said in a split decision Friday, upholding a trial judge's ruling in favor of House Democrats.

Expert Analysis

  • Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

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    At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

  • Opinion

    High Court Should Allow Resentencing For Juvenile Offenders

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    While prosecuting the D.C. sniper in 2006, I spent hours with his 17-year-old accomplice, Lee Boyd Malvo. Since working with Malvo and other juvenile offenders, I have come to believe the U.S. Supreme Court should follow its own precedent and allow resentencing hearings for minor offenders serving life without parole, says Vivek Chopra of Perkins Coie.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

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    Arguments at the U.S. Supreme Court on Oct. 8 in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • 2nd Circ. Ruling May Cause Int'l Discovery Flurry In NY

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    The Second Circuit's recent Section 1782 decision in Application of Antonio Del Valle Ruiz could be particularly burdensome for New York–based offices of multinational companies, which may now be compelled to produce documents located abroad despite not being involved in any domestic litigation, say attorneys at Ropes & Gray.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Competing Refusal-To-Deal Tests At 7th, 9th Circs.

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    The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

  • High Court's Knick Ruling May Hinder Calif. Public Agencies

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    The U.S. Supreme Court's decision in Knick v. Scott allowing plaintiffs to file takings and inverse condemnation lawsuits in federal court may mean that California landowners no longer need to exhaust judicial remedies first, possibly discouraging public agencies from undertaking legal actions, says Gene Tanaka of Best Best.

  • Options For Calif. Franchisors After New Contractor Standards

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    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • Reorganization Of NY Courts Would Ease Inefficiency Issues

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    If adopted, New York Chief Judge Janet DiFiore's proposal to streamline the state's unified court system will likely help balance disproportionate caseloads and improve the process of how judges are appointed to the Appellate Division, say Peter Shakro and Muhammad Faridi at Patterson Belknap.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.