Appellate

  • August 26, 2016

    8th Circ. Obesity Ruling Challenged At High Court

    An overweight Kansas man who was denied a job at BNSF Railway Co. has asked the U.S. Supreme Court to review an Eighth Circuit decision that obesity is generally not a disability under the Americans with Disabilities Act, saying the justices need to clear up confusion among the circuit courts.

  • August 26, 2016

    DC Circ. Set Immunity Standard Too Low, Venezuela Says

    Venezuela is pushing the U.S. Supreme Court to undo the D.C. Circuit's green light for a Helmerich & Payne Inc. lawsuit challenging the country's takeover of a Venezuelan subsidiary’s oil rigs, filing its opening brief in an appeal over the limits of sovereign immunity under the Foreign Sovereign Immunities Act.

  • August 26, 2016

    Ga. County, DA's Office Not Joint Employers, 11th Circ. Says

    Signing off on Georgia district attorney’s office investigators’ paychecks doesn’t make a county government a joint employer with the district attorney, the Eleventh Circuit ruled Thursday in a man’s pay discrimination suit.

  • August 26, 2016

    Ill. High Court Shoots Down Redistricting Amendment

    Illinois' election authority certified the state's fall ballot on Friday without including the question of whether or not to ratify a popular proposed amendment regarding drawing the state's political boundaries after the Illinois Supreme Court found the amendment was unconstitutional.

  • August 26, 2016

    Fla. Court Says Town's Liens Stand Despite Foreclosure Suit

    A Florida appeals court has ruled that liens on a property recorded after the notice that a foreclosure suit had been filed are not extinguished by the foreclosure process, in a win for municipalities around the state dealing with unoccupied “zombie homes.”

  • August 26, 2016

    High Court Asked To Revisit Bankruptcy Code's Safe Harbor

    A litigation trustee has asked the U.S. Supreme Court to overturn a Second Circuit ruling that the Bankruptcy Code preempted her suit attempting to claw back $143 million Barclays PLC received ahead of SemGroup LP's bankruptcy, saying the ruling wrongly trampled state law.

  • August 26, 2016

    Trader Joe's TM Claim Against Canada's 'Pirate Joe' Revived

    The Ninth Circuit in a published opinion on Friday partly revived a trademark infringement suit from Trader Joe’s against a man who created “Pirate Joe’s” in Canada, a store populated with goods he purchased from the chain grocer in the United States. 

  • August 26, 2016

    6th Circ. Judicial Elections Ruling Shores Up Partisan Trend

    A recent Sixth Circuit decision backing the right of Kentucky judicial candidates to promote their party affiliation is the latest to push states with traditionally nonpartisan election systems closer toward campaigns clearly divided between red and blue candidates, experts say, potentially discarding a key barrier between elected judges and traditional politics.

  • August 26, 2016

    Ex-Reuters Editor Asks 9th Circ. To Undo Hacking Conviction

    Reuters' former social media editor Matthew Keys has urged the Ninth Circuit to overturn his conviction for helping a hacker group break into the Los Angeles Times’ website and alter content, arguing that prosecutors introduced “irrelevant and highly prejudicial” evidence and damages theories at trial. 

  • August 26, 2016

    Cox Set-Top Box Antitrust Class Actions Back To Arbitration

    The Tenth Circuit on Friday affirmed a lower court’s ruling that two Cox cable subscribers who filed putative class actions must go to arbitration to raise their claims that the media giant violated federal antitrust laws by allegedly tying monthly set-top box payments to its premium cable services.

  • August 26, 2016

    Ex-Lightsquared CEO Takes Bankruptcy Suit To High Court

    LightSquared Inc.'s former chief executive has asked the U.S. Supreme Court to upend a Chapter 11 plan he says unfairly hands some $100 million in value to a hedge fund simply for dropping what the ex-CEO calls “nuisance” lawsuits.

  • August 26, 2016

    Texas Group Wants Out-Of-State Booze Sellers Dried Up

    A Texas trade group representing alcohol retailers has asked the U.S. Supreme Court to resurrect a long-dormant state law requiring a year of state residency before landing an alcohol sales permit, saying a recent Fifth Circuit decision is at odds with rulings from other circuits.

  • August 26, 2016

    7th Circ. Revives ERISA Suit Over Tanked $60M Investment

    The Seventh Circuit ruled Thursday that employees of a home health care company plausibly alleged the trustee of their employee stock plan violated the Employee Retirement Income Security Act when it saddled them with a high-interest $60 million loan to buy company stock that later dropped to half its value, overturning a lower court's dismissal.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    Ex-Worker Urges Justices To Decline Raymours Petition

    A former employee of Raymours Furniture Co. Inc. has asked the U.S. Supreme Court to cast a cold eye on the company’s petition for review of a New Jersey court’s invalidation of an arbitration clause in its handbook, saying his age discrimination suit is a “straightforward contract formation case” decided by “black letter contract law.”

  • August 26, 2016

    Ex-Employees Look To Revive Wal-Mart Sex Bias Claims

    Nine women seeking to intervene in a sex discrimination suit against Wal-Mart urged the Fifth Circuit on Thursday to reject the retail giant's arguments that their claims have been brought too late, saying there's precedent to do so because Wal-Mart settled with the former named plaintiffs.

  • August 26, 2016

    6th Circ. Says Food Co. Can't Evade Policy's TM Exclusion

    The Sixth Circuit rejected food supplier S. Bertram Inc.'s bid for defense coverage in a competitor's trademark suit, holding Friday that the underlying action alleges only intellectual property infringement, which is excluded under Bertram's policy with Citizens Insurance Co. of America.

  • August 26, 2016

    Prof. Asks 7th Circ. To Rehear Sexual Orientation Bias Row

    A woman whose suit against an Indiana community college has become a symbol of the struggle over protections against discrimination based on sexual orientation asked the Seventh Circuit for a rehearing en banc Thursday with the support of several members of the U.S. Congress and the Equal Employment Opportunity Commission.

  • August 26, 2016

    Options Clearing Corp. Weighs In On Capital Plan Challenge

    Derivatives clearinghouse Options Clearing Corp. asked the D.C. Circuit to affirm a U.S. Securities and Exchange Commission decision to approve its capital plan, arguing Thursday that the plan is “necessary and appropriate for OCC to fulfill its role” as a systematically important financial markets utility.

  • August 26, 2016

    Fed. Circ. Upends Ammo Co.’s $16M Patent Win Against Army

    A Federal Circuit panel on Friday shot down Liberty Ammunition Inc.’s $15.6 million judgment against the U.S. Army for infringing a lead-free bullet patent, concluding that a Federal Claims judge misread the technology descriptions in conflating the company’s rounds with the ones developed by the government.

Expert Analysis

  • New Approach To Pleading Standards From Colo. High Court

    Lino S. Lipinsky de Orlov

    The Colorado Supreme Court's recent decision in Warne v. Hall represents a dramatic change in Colorado pleading standards. The adoption of the “plausibility standard” not only greatly enhances state courts’ authority to dismiss claims that judges perceive as groundless, but will also impact parties’ strategic decisions to file motions to dismiss, say attorneys at Dentons.

  • Beware Unsubstantiated Attacks On The 'Bare Metal' Defense

    Michael Haslup

    Defendants must be vigilant to prevent misinterpretation of the holding in May v. Air & Liquid Systems Corp., with respect to the “bare metal” defense in Maryland. The plaintiffs bar is chomping at the bit to broaden the duty to warn far beyond the appeals court's narrow holding, say Michael Haslup and Jonathan Huber of Miles & Stockbridge PC.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Clarity On The Term 'Reside' Is Good News For NY Landlords

    Brendan Fitzpatrick

    Time will tell whether the New York State Legislature will entertain Judge Eugene Fahey’s suggestion in his dissent in Yaniveth R. v. LTD Realty Co. For now, the New York Court of Appeals ruling reinforces a well-established understanding of the term “resides” in Local Law 1, say Brendan Fitzpatrick and Oliver Twaddell of Goldberg Segalla.

  • Questioning 2nd Circ. Analysis In Aluminum Antitrust Case

    James Robertson Martin

    The Second Circuit recently held in Aluminum Warehousing that consumers that are used as tools to manipulate a defendant’s market can pursue damage claims suffered from manipulation in that market. However, the court went on to hold, consumers that suffered the consequences of a defendant’s unlawful conduct in another market cannot. This seems a bridge too far, says James Robertson Martin of Zelle LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • EPA Clean Water Rule Rests On High Court Army Corps Case

    Kimberly L. Bick

    Even if the U.S. Environmental Protection Agency's clean water rule survives all court challenges and becomes the law of the land, the U.S. Supreme Court's decision in U.S. Army Corps of Engineers v. Hawkes may impact its eventual implementation, because the decision would be applied to the category of waters in the rule known as “significant nexus” waters, says Kimberly Bick at Bick Law LLP.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • Mere 'Agreement To Agree' In Teaming Is Not Enforceable

    James Y. Boland

    The Virginia Supreme Court's recent decision in Navar v. Federal Business Council is a good reminder that the failure of contractors to exercise caution and vigilance when drafting teaming agreements can be very costly, say James Boland and Randall Miller of Venable LLP.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.