Appellate

  • January 23, 2020

    Solicitor General Weighs In On Age Bias High Court Case

    The solicitor general told the U.S. Supreme Court on Thursday that the federal government has a myriad of ways to remedy age bias in the workplace other than the Age Discrimination in Employment Act, but the federal employee who filed the suit said that law is the only substantive way to get judicial relief.

  • January 23, 2020

    Justices Eyeing More Challenges To Agency Deference

    Federal agencies haven’t had much luck at the U.S. Supreme Court lately, but it could soon get much worse. The justices are now considering taking up two cases that could dramatically limit when courts must defer to regulators about the meaning of statutes.

  • January 23, 2020

    Ex-Trump Counsel Battling Subpoena Says Clients Call Shots

    Former White House counsel Don McGahn told a New Jersey audience Thursday that it’s the client, not the attorney, who decides if a lawyer will testify in a legal matter, giving insight into his fight to kill a subpoena connected to the impeachment trial underway.

  • January 23, 2020

    Fla. Justices Lower Bar For Appealing State Immunity Denials

    The Florida Supreme Court affirmed Thursday that state rules did not allow appellate courts to reconsider non-final denials of sovereign immunity, but it simultaneously amended those rules to make such appeals possible in the future.

  • January 23, 2020

    Royal Caribbean Wants 11th Circ. To Slash $3.4M Death Award

    Royal Caribbean on Thursday asked the Eleventh Circuit to slash a Florida federal jury's $3.4 million verdict over a Wisconsin man's heart attack death, saying the trial court should have applied Wisconsin law that would have barred noneconomic damages such as pain and suffering.

  • January 23, 2020

    Fed. Circ. Says Judge Wrongly Let Facebook Win Patent Fight

    Facebook was dealt a blow in a patent dispute over its Timeline and Newsfeed features after the Federal Circuit on Thursday revived a lawsuit accusing the social media giant of infringing three patents on displaying computer files in searchable, chronological streams.

  • January 23, 2020

    Calif. Appeals Court Won't Revive J&J Talc Suit

    A California appeals panel on Wednesday upheld the dismissal of a suit claiming that asbestos in Johnson & Johnson talc-based powder products caused a woman's mesothelioma, saying there was no expert testimony presented to counter an opinion that the talc was free of asbestos.

  • January 23, 2020

    Maine Wants 1st Circ. To Unblock Pay-Per-Channel Cable Law

    Maine wants the First Circuit to give it the go-ahead to start enforcing its new law that would allow customers to buy channels individually without being locked into a specific cable package, after a federal judge blocked it from taking effect.

  • January 23, 2020

    Dems Criticize 'Dark Money' In CFPB High Court Case

    A trio of Senate Democrats took aim at what they say are "plainly inadequate" transparency rules for amicus briefs at the U.S. Supreme Court, saying a wave of recent court filings opposing the Consumer Financial Protection Bureau are the result of "a small and powerful cabal of self-interested entities."

  • January 23, 2020

    Silver Case Limits Graft Prosecutions, But Only A Bit

    The Second Circuit seemed animated by a desire not to appear soft on corruption in its ruling overturning former lawmaker Sheldon Silver's conviction on three counts, saying it was merely clarifying old concepts, not adding new ones, and adding encouraging words for prosecutors.

  • January 23, 2020

    Refusal To End Kickback Suit 'Odd,' 7th Circ. Judge Says

    A Seventh Circuit judge on Thursday said she found it "odd" that a district court refused to let the federal government dismiss a whisteblower suit alleging UCB Inc. paid kickbacks to boost prescriptions for its brand-name drug Cimzia, even though the government seemed to provide legitimate reasons for doing so.

  • January 23, 2020

    Union Pacific Preserves Win In Suit Over Calif. Teen's Death

    A California state appeals court has cleared Union Pacific Railroad Co. in a suit blaming it for causing the death of a teen hit by a train at a railway crossing, saying the railroad did not own or manage the crossing and its employees were not negligent.

  • January 23, 2020

    Pa. Fracking Trespass Ruling No Clear Win For Drillers

    While the Pennsylvania Supreme Court handed fracking companies a win this week when it decided a 150-year-old rule shields them from trespassing liability when a well drilled on one property taps into oil and gas below a neighboring property, experts say the ruling leaves wiggle room for landowners to sue.

  • January 23, 2020

    Murdered Sisters Not Enough To Win Asylum, 11th Circ. Says

    A Honduran asylum-seeker whose sisters were both murdered lost his bid to stay in the U.S. on Thursday after the Eleventh Circuit found he hadn’t proved he would face future danger if deported.

  • January 23, 2020

    Tribal Co. Deserves Same Exemption As Tribe, 9th Circ. Told

    A tribal business entity should enjoy the same exemption from California excise tax that is afforded to tribes themselves, a Native American cigarette company has told the Ninth Circuit.

  • January 23, 2020

    States Tells Justices $7B Pipeline Can't Cross Trail

    A slew of states on Wednesday asked the U.S. Supreme Court to find that the $7 billion Atlantic Coast gas pipeline should not be given a right-of-way to cross the Appalachian Trail.

  • January 23, 2020

    Pa. Appeals Court Says Nurses' Wage Suit Dead On Arrival

    A Pennsylvania appellate panel shot down a case brought by nurses who claimed a handful of hospitals systematically underpaid them, saying a state trial court lacked jurisdiction over the decade-old suit.

  • January 23, 2020

    Ground Rules For Live-Video Testimony Spelled Out In NJ

    A New Jersey state appeals court on Thursday said judges should consider the substance of witness testimony, among other factors, in deciding whether someone can testify via live video at a civil trial, ending at least eight years of uncertainty about the parameters of testimony permitted by the state Supreme Court but unaddressed in state court rules.

  • January 23, 2020

    Media Can Argue Truth Defense In Texas Defamation Case

    A trial court wrongly failed to consider the truth of an article when it declined to dismiss a defamation lawsuit brought against ProPublica Inc. and the Houston Chronicle, a Texas appellate panel ruled Thursday.

  • January 23, 2020

    Enviro Claims FERC Approved Unneeded $286M Pipeline

    The Environmental Defense Fund is asking the D.C. Circuit to invalidate the Federal Energy Regulatory Commission’s approval of a proposed $286 million, 65-mile gas pipeline in Illinois and Missouri, arguing that the agency did not adequately evaluate the project before issuing its decision. 

  • January 23, 2020

    States, ABA Urge High Court To Affirm Migrant Habeas Review

    A coalition of 20 attorneys general and the American Bar Association told the U.S. Supreme Court Wednesday that expedited removal of migrants fails to sufficiently safeguard against erroneous deportations, weighing in on a fight over court authority to review whether asylum-seekers credibly fear persecution.

  • January 23, 2020

    9th Circ. Upholds FCC's Bid To Speed Copper Retirement

    A Ninth Circuit panel on Thursday negated an attempt by public advocacy organizations to challenge a Federal Communications Commission rule that sped the transition from copper to fiber networks, finding the groups weren’t directly connected to the matter.

  • January 23, 2020

    50 Cent Says Judge Erred In Tossing Case Against Rick Ross

    The Second Circuit pondered Thursday whether a Connecticut federal judge was right in applying copyright law to preempt rapper 50 Cent's state-law claim that rival Rick Ross exploited the former's likeness when Ross used 50 Cent's hit song "In da Club" to promote his own album, "Black Market."

  • January 23, 2020

    USPTO Concerned Fed. Circ. Is Invoking Arthrex 'Reflexively'

    A Federal Circuit panel "reflexively" invoked the court's Arthrex decision when vacating a Samsung Patent Trial and Appeal Board win and ordering a redo, even though the patent owner hadn't argued at the board that patent judges are unconstitutionally appointed, the federal government has told the full court.

  • January 23, 2020

    Immigration Attys Tell Justices Law Criminalizes Good Advice

    Giving accurate and ethical legal advice should not be a crime, immigration attorneys have told the U.S. Supreme Court in a case challenging a statute that makes it a felony to encourage unauthorized immigrants to remain in the country.

Expert Analysis

  • Sexual Assault Ruling Increases Exposure For NYC Employers

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    In Breest v. Haggis, a New York appellate court ruled that a New York City anti-violence law extends to workplace sexual assault claims and provides an avenue for financial recovery, making proactive assessment of workplace culture and harassment claims crucial for employers, say attorneys at Holland & Knight.

  • Recent Developments Show Importance Of Int'l Sport Court

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    Ian Blackshaw, a member of the Court of Arbitration for Sport, provides an overview of the court and analyzes recent changes and cases, including a hearing on the Russian athletes' ban by the World Anti-Doping Agency.

  • Fed. Circ. Opinion Relaxes Contract Disputes Act Jurisdiction

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    The Federal Circuit’s recent decision in DAI Global v. Administrator of USAID, reversing the Civilian Board of Contract Appeals' decision to dismiss a government contractor's case for lack of jurisdiction, is a welcome step toward simplifying the Contract Disputes Act’s jurisdictional requirements, says Nathaniel Castellano at Arnold & Porter.

  • Why Justices Declined Review Of Scientist's Defamation Case

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    The U.S. Supreme Court's recent certiorari denial allowing climate scientist Michael Mann’s defamation case to proceed against the Competitive Enterprise Institute and others was solidly grounded in precedent, since the defendants' statements against Mann could reasonably be viewed as relying on facts, says Phillip Zisook of Schoenberg Finkel.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • A Noncompete Consideration Split In Ill. State, Federal Courts

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    Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

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    The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

  • Stark Law Uncertainty Follows 3rd Circ.'s UPMC Opinion

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    The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • 5 Predictions For FCPA Enforcement In 2020

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    In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • State Net

    Obamacare Clings To Life As States Expand Medicaid

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    While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

  • Calif. Ruling Clears Up Pay Stub Rules For Company Names

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    A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.