Appellate

  • July 25, 2014

    Endo Can't Stop Settlement Order In Frova Patent Row

    The Federal Circuit on Thursday refused to halt an order requiring Endo Pharmaceuticals Inc. and Mylan Pharmaceuticals Inc. to negotiate a settlement in their infringement row over Endo’s patent for migraine medication Frova, saying Endo hadn't met the standard for a stay.

  • July 25, 2014

    11th Circ. Rules In Favor Of Fla.'s 'Gun Gag' On Doctors

    The Eleventh Circuit on Friday lifted a bar on enforcement of a Florida “gun gag” law restricting doctors from asking patients about firearm ownership, saying it doesn’t violate the First Amendment and calling the plaintiffs’ fears that doctors could face discipline for “offending a patient’s subjective sensibilities” unfounded.

  • July 25, 2014

    6th Circ. Pushes Excess Carriers To Monitor Primary Denials

    The Sixth Circuit recently put an excess insurer on the hook for IMG Worldwide Inc.'s nearly $8 million defense bill in litigation over a failed real estate project, a decision that sends a warning to excess carriers with similar policy language to closely scrutinize primary carriers' coverage denials or else face unexpected costs.

  • July 25, 2014

    1st Circ. Nexium Case May Ripple Beyond Pharma

    The First Circuit is set to hear arguments Thursday about whether a group of consumers, insurers and others who paid for Nexium can sue as a class over alleged pay-for-delay deals over the heartburn drug even though many of them may not have overpaid because of the patent settlements, in a case that could have implications beyond the pharmaceutical world.

  • July 25, 2014

    Ex-CSG Says 8th Circ. Ignored Evidence In Gender Bias Suit

    A former business analyst who has accused CSG Systems Inc. of gender discrimination urged the Eighth Circuit to rehear her case en banc on Thursday, claiming the panel turned a blind eye to key evidence when it nixed her appeal last month.

  • July 25, 2014

    10th Circ. Won't Revive FMLA Claim Against Utah County

    The Tenth Circuit refused Friday to revive a fired benefits administrator's claim that a Utah county interfered with her Family and Medical Leave Act rights, saying the county had established that she would have been dismissed even if she hadn't taken FMLA leave. 

  • July 25, 2014

    Nucor's Appeal Of Race Bias Class 3 Years Late: 4th Circ.

    Nucor Corp.’s quest for decertification of a class of black workers claiming they were subjected to a hostile work environment hit another roadblock Friday when the Fourth Circuit said a petition for review of the lower court’s refusal to decertify is three years too late.

  • July 25, 2014

    3rd Circ. Lets Morgan Lewis Withdraw From 30-Year-Old Suit

    The Third Circuit on Friday granted Morgan Lewis & Bockius LLP permission to withdraw from representing a Turkish weapons maker in a contentious product liability suit 29 years after the firm’s initial request, clarifying guidelines for evaluating withdrawal motions.

  • July 25, 2014

    RBS Urges 10th Circ. To Nix NY Judge's Discovery Powers

    RBS Securities Inc. urged the Tenth Circuit on Thursday to nix parts of an order enabling a New York federal judge to make discovery rulings in a case brought in Kansas by the National Credit Union Administration over RBS' alleged misrepresentations of mortgage-backed securities.

  • July 25, 2014

    High Court Urged To Nix $9.2M Attys' Fee In VW Settlement

    A class member in a consolidated suit against Volkswagen of America Inc. over leaky sunroofs told the U.S. Supreme Court that the Third Circuit and a magistrate judge shouldn't have approved a $9.2 million attorneys' fee award, according to a filing made available Friday.

  • July 25, 2014

    Urban, Insurer Urge 3rd Circ. To Revive IP Coverage Appeal

    Urban Outfitters and OneBeacon America Insurance Co. on Thursday urged the Third Circuit to reconsider whether they could yet appeal a decision that Hanover Insurance Co. didn’t have to defend the retailer in a Navajo Nation copyright suit, saying the court has held that such rulings are immediately appealable.

  • July 25, 2014

    FTC Urges 11th Circ. To Ax LabMD's Data Security Challenge

    The U.S. Federal Trade Commission on Thursday urged the Eleventh Circuit to uphold a Georgia federal court order dismissing LabMD Inc.’s challenge to its authority to police data-security standards, arguing the court correctly held it does not have jurisdiction to “entertain a lawsuit” to enjoin agency proceedings.

  • July 25, 2014

    Travelers Seek High Court Review of Southwest-AirTran Tie-Up

    A proposed class of air travelers and travel agents last week asked the U.S. Supreme Court to hear its antitrust challenge seeking to force Southwest Airlines Co. to divest recently acquired AirTran Holdings Inc. after the Ninth Circuit refused to rehear the case.

  • July 25, 2014

    Full Fed. Circ. Won't Weigh Joint Infringement On Remand

    The Federal Circuit on Thursday rejected Akamai Technologies Inc.’s request that the full court consider whether multiple parties can be jointly liable for directly infringing a patent in its dispute with Limelight Networks Inc., opting instead to refer the case to remaining panel members.

  • July 25, 2014

    No Need To Hold Up TRW Health Benefits Fight, Retirees Say

    A pending U.S. Supreme Court case over retiree health care benefits shouldn't block TRW Automotive Holdings Corp.'s bid for rehearing in a separate health benefits class action because the union contracts underlying each case are different, the TRW plaintiffs told the Sixth Circuit on Thursday. 

  • July 25, 2014

    Diacetyl Plaintiffs Ask High Court To Review 3rd Circ. Ruling

    Plaintiffs in a class action claiming they were harmed by exposure to food coloring chemical diacetyl have asked the U.S. Supreme Court to review a Third Circuit ruling that Aaroma Holdings LLC cannot be held liable because it purchased those assets from now-bankrupt Emoral Inc., saying the decision sets a dangerous precedent.

  • July 25, 2014

    5th Circ. Says Orders To Clarify Arbitration Awards Aren't Final

    The Fifth Circuit on Friday said a district court decision to send a case back to an arbitration panel for further clarification was not a final order that could be appealed, rejecting a Nuance Communications Inc. bid to enforce an arbitration award of zero dollars to investors challenging a $45 million merger.

  • July 25, 2014

    Calif. Buyers Ask 1st Circ. To Revive Lexapro Marketing Suit

    California purchasers of the antidepressant Lexapro asked the First Circuit on Wednesday to revive their putative class action accusing drug maker Forest Laboratories Inc. of illegally promoting Lexapro’s uses in adolescents, saying a Massachusetts district court improperly dismissed their claims under California’s safe harbor provision.

  • July 25, 2014

    Liberty Mutual Dodges Coverage In SC Construction Case

    A South Carolina appeals court on Wednesday upheld a lower court’s ruling that Liberty Mutual Fire Insurance Co. has no duty to defend a building contractor accused of faulty installation of insulation, finding a property damage policy exclusion applies to the underlying claims.

  • July 25, 2014

    Fed. Circ. Tosses $18M Contempt Fine In Software IP Row

    The Federal Circuit on Friday vacated an injunction and an $18 million fine against Lawson Software Inc. in an infringement suit brought by ePlus Inc., ruling that neither was warranted in light of the U.S. Patent and Trademark Office’s invalidation of a key patent claim.

Expert Analysis

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • 11th Circ. Extends FDCPA To Bankruptcy Proofs Of Claim

    Jarrett L. Hale

    The Eleventh Circuit’s ruling in Crawford v. LVNV Funding leaves open the possibility that the Fair Debt Collection Practices Act and related state corollary statutes may be applicable to bankruptcy proofs of claim, which will likely result in increased litigation against debt collectors and, potentially, actual creditors, say attorneys with Hunton & Williams LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Unconventional Cyber Case Gets Md. High Court's Attention

    Lon A. Berk

    While the focus on personal injury coverage has been on whether it protects against hacking events, little concern has been expressed regarding whether that coverage protects against other types of breach of privacy claims that might occur as a result of everyday cyberactivities — Springer v. Erie Insurance Exchange provides an example of just such a claim, say attorneys at Hunton & Williams LLP.

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Wind River Reservation May Shape Tribal CAA Jurisdiction

    Bart J. Freedman

    Public and private entities, including the state of Wyoming, have raised an issue of first impression as to whether the U.S. Environmental Protection Agency has the authority to determine an Indian reservation's boundaries under the Clean Air Act — the result could lead to a departure from established regulatory principles and should be of interest to entities operating on or near reservations, say attorneys at K&L Gates LLP.