Appellate

  • March 31, 2015

    Texas Jury Cut Valero Refinery Appraisal Badly, Court Says

    A Texas appeals court found Tuesday that a jury improperly reduced the $527 million appraised value assigned to Valero Energy Corp.'s Texas City refinery in determining its equal and uniform value, but stopped short of rendering judgment and sent the case back to the trial court.

  • March 31, 2015

    Pa. Justices Back Prosecutor Tapped To Probe AG Over Leak

    A divided Pennsylvania Supreme Court on Tuesday shot down a petition from Attorney General Kathleen Kane challenging a county judge’s appointment of a special prosecutor to investigate allegations that she leaked confidential information to the media.

  • March 31, 2015

    Justices Look Ready To Keep Expired-Patent Royalty Ban

    The U.S. Supreme Court looked poised Tuesday to leave intact a 50-year-old rule barring royalty agreements that continue after a patent expires, with several justices saying they saw little reason to disturb the long-standing precedent in a suit over a defunct Spider-Man patent.

  • March 31, 2015

    11th Circ. Backs Bard In Vein Filter Product Liability Row

    The Eleventh Circuit on Tuesday affirmed a victory for C.R. Bard Inc. in a suit alleging one of the company’s vein filters broke off in a man’s blood vessels, finding that the lower court had properly excluded a witness who lacks medical training and experience.

  • March 31, 2015

    9th Circ. OKs Deportation Over Calif. Domestic Violence

    The Ninth Circuit ruled Tuesday that when a Mexican citizen living permanently in the U.S. was convicted of domestic violence under California law, he was convicted of a crime that rendered him deportable under federal laws governing deportation for domestic violence crimes.

  • March 31, 2015

    FTC Commish Says High Court Win Won't Burden State Boards

    The Federal Trade Commission's recent U.S. Supreme Court victory over North Carolina's dental board in a dispute over state action antitrust immunity doesn't create any "terribly onerous" requirements for boards to meet to avoid liability, Commissioner Maureen Ohlhausen said Tuesday.

  • March 31, 2015

    NY Court Revives MPEG's $4M Converter Box Royalty Suit

    A New York appeals court on Tuesday revived patent-pool manager MPEG LA LLC’s bid to rope the owners of GXI International LLC into a breach of contract suit seeking to extract nearly $4 million from the company for television converter box royalties, finding that the business's owners were involved enough to be named as alter ego defendants.

  • March 31, 2015

    NM Tribe Loses Battle Over State Gaming Compacts

    New Mexico’s Supreme Court on Monday rejected a bid by the Fort Sill Apache Tribe to force Gov. Susana Martinez to sign gambling agreements that could eventually allow them to operate a casino in the state.

  • March 31, 2015

    All Eyes On Feds After High Court Blocks Medicaid Suits

    The U.S. Supreme Court’s ruling on Tuesday that private parties can’t sue over Medicaid reimbursement means that more doctors may exit the program and shifts attention to federal regulators tasked with ensuring that rates remain sufficient, lawyers say.

  • March 31, 2015

    SandRidge Stiffed Texas On Gas Royalties, State Justices Told

    The Texas General Land Office and two companies on Monday asked the state Supreme Court to take up a royalty fight alleging SandRidge Energy Inc. shorted the state on royalty payments by charging it post-production costs associated with 12 mineral leases.

  • March 31, 2015

    9th Circ. Nixes Challenge To Border-Crossing Sentence

    A Ninth Circuit panel on Monday affirmed a lower court’s ruling that an immigrant’s assault conviction is a “crime of violence” for enhanced federal sentencing purposes under immigration violations, rejecting arguments that a previous Ninth Circuit ruling should have steered the judges to a different result.

  • March 31, 2015

    5th Circ. Won't Rehear Shell $19M FCA Suit

    The Fifth Circuit on Monday denied a petition for rehearing from Royal Dutch Shell PLC subsidiaries that wanted an en banc review of the ruling that revived two federal auditors’ False Claims Act suit alleging that the companies siphoned off $19 million in offshore drilling royalties.

  • March 31, 2015

    High Court Appears Split On 'Good Faith' Patent Defense

    The U.S. Supreme Court appeared split on Tuesday on whether to uphold a Federal Circuit ruling that a company's good faith belief that a patent is invalid can serve as defense to induced infringement, with the justices debating whether the defense is grounded in patent law or wrongly excuses liability.

  • March 31, 2015

    NY Justices Won't Extend Drilling Rights Under Fracking Ban

    Energy companies unhappy with the disruptive nature of New York’s moratorium on hydraulic fracturing cannot extend drilling rights on Tioga County land for operations that have yet to get under way, the state’s top court said Tuesday.

  • March 31, 2015

    Hospital Data Breach Invites FCRA Claims, 7th Circ. Told

    The Seventh Circuit on Tuesday was asked to revive a proposed class action accusing Advocate Health and Hospitals Corp. of violating the Fair Credit Reporting Act by failing to safeguard health data stolen from its offices, with the plaintiffs claiming that the law’s reach can extend beyond consumer reporting agencies to hospitals.

  • March 31, 2015

    High Court Says State's Tracking Falls Within 4th Amendment

    The U.S. Supreme Court rejected North Carolina's bid to cast its ankle bracelet monitoring program outside the scope of the Fourth Amendment, ruling that, like the surveillance at issue in the high court's landmark Jones decision, the state's tracking practices constituted a search.

  • March 31, 2015

    DOJ Asks 5th Circ. To Lift Hold On Obama Immigration Action

    The U.S. Department of Justice on Monday urged the Fifth Circuit to reverse an injunction on two key immigration policies created by the president’s executive actions, saying the states suing over the initiatives lacked standing and bashing the reasoning of the judge who granted the block.

  • March 31, 2015

    NJ Appeals Court Backs State's New PIP Rules

    The New Jersey Appellate Division upheld regulatory changes to how personal injury protection benefits under auto insurance policies are handled, ruling Tuesday that the regulations do not represent an abuse of discretion and are within the state insurance agency's purview.

  • March 31, 2015

    5th Circ. OKs Health Exec’s Conviction In $100M Bribes Case

    A former health insurance executive convicted for providing kickbacks to government officials to secure roughly $100 million in contracts lost an appeal on Monday before the Fifth Circuit, which ruled his lawyer's representation of a co-defendant in the scheme did not prove a conflict of interest. 

  • March 31, 2015

    Fed. Circ. Revives Generic Benicar Exclusivity Challenge

    In a precedential opinion, the Federal Circuit on Tuesday revived a suit by Apotex Inc. that sought a judgment that its generic version of Daiichi Sankyo Inc.'s hypertension drug Benicar will not infringe a patent that Daiichi had disclaimed, saying that the lower court wrongly determined that no controversy existed.

Expert Analysis

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Calling The High Court On TCPA And Sovereign Immunity

    Lewis S. Wiener

    If the U.S. Supreme Court grants certiorari in Gomez v. Campbell-Ewald, the case will be one of first impression and could clarify the scope of derivative sovereign immunity for government contractors performing duties within the scope of delegated authority and whether such immunity can apply to Telephone Consumer Protection Act claims, say attorneys at Sutherland Asbill & Brennan LLP.

  • DC Circ. May Clarify Carbon Capture Rules — Or Not

    Jonathan Martel

    If the petitioners can overcome doubts about their standing, the D.C. Circuit's ruling in Carbon Sequestration Council v. U.S. Environmental Protection Agency could decide whether CO2 injection streams are “solid waste” under the Resource Conservation and Recovery Act and bring some regulatory clarity as companies consider a role for carbon capture in reducing their greenhouse gas emissions, say attorneys at Arnold & Porter LLP.

  • Navigating Bankruptcy Remand Contrasts In 2nd, 9th Circs.

    Michael H. Strub

    A bankruptcy filing presents a unique opportunity for a debtor and nondebtor to change the course of litigation by, among other things, changing the forum where that litigation proceeds. But the competing interpretations of federal law governing remand by the Second and Ninth Circuits could drag a case on a circuitous path through the state and federal system, say Michael Strub and Jeffrey Reisner of Irell & Manella LLP.

  • Biosimilar Patent Disputes — An Update On The Last 8 Months

    Elizabeth Stotland Weiswasser

    The Federal Circuit provided important guidance in Sandoz Inc. v. Amgen Inc. on the Biologics Price Competition and Innovation Act — on declaratory judgment jurisdiction generally. But we're still waiting for guidance on the act’s patent provisions themselves, say Elizabeth Weiswasser and Michele Gauger of Weil Gotshal & Manges LLP.

  • Pay Close Attention To High Court ECOA Loan Guarantor Case

    Jeremy C. Sairsingh

    Creditors subject to the Equal Credit Opportunity Act and Regulation B should proceed with caution when requiring a guarantee. This guidance will apply with even greater force if the U.S. Supreme Court, in Hawkins v. Community Bank of Raymore, disagrees with the Eighth Circuit and finds that Regulation B’s expansive definition of “applicant” is a permissible interpretation of the ECOA, say attorneys with Ballard Spahr LLP.

  • 'Hypothetical Test' Takeaways From Trump Entertainment

    Debra McElligott

    The Section 365(c)(1) "hypothetical test" adopted by the Third Circuit remains an obstacle for debtors that simply wish to keep their intellectual property licenses. A Trump Entertainment Resorts Inc. opinion, however, hints at the role Section 365(f)(1) can play in limiting the reach of the hypothetical test, says Debra McElligott of Weil Gotshal & Manges LLP.

  • Teva Impact Will Depend On Phillips Hierarchy Of Evidence

    Christopher M.P. Jackson

    Because of the new significance attached to evidentiary categories in determining the standard of appellate review, the U.S. Supreme Court's recent decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. puts a renewed focus on the criteria that the Federal Circuit applies in determining whether extrinsic evidence may be relied upon, say Christopher M.P. Jackson and Mina S. Reiman of Cohen & Gresser LLP.

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say Aaron Ver and Neal Mollen of Paul Hastings LLP.

  • BMC Software May Be Good News For Taxpayers

    S. Eric Wang

    For companies that have agreed to adverse transfer pricing adjustments in the year of the one-time dividends-received deduction under Section 965, the pending status of BMC Software Inc. v. Commissioner has chilled the prospect of creating receivables like BMC's. But taxpayers can be cautiously optimistic that the Fifth Circuit’s decision in the case will eventually resolve this issue favorably, say attorneys with Sullivan & Cromwell LLP.