Appellate

  • October 22, 2014

    Justices Poised To Set Line For Police On Data Searches

    The U.S. Supreme Court on Monday agreed to take up a challenge to a Los Angeles law allowing warrantless searches of hotel registries, paving the way for the justices to draw a clear line regarding when and how law enforcement needs court involvement to gain access to data held by hotels, technology companies and others.

  • October 22, 2014

    FDIC, Citi Settle 9th Circ. Appeal Over Colonial Bank Failure

    Citigroup Global Markets Inc. has reached a settlement agreement with the FDIC in a Ninth Circuit appeal alleging a number of banks spurred on Colonial Bank's failure by selling it poor-quality mortgage-backed securities, and the bank insurer said Wednesday it expects Bank of America Corp. to exit the suit shortly as well.

  • October 22, 2014

    Exxon Says Free Speech Right Nixes Worker's Defamation Suit

    ExxonMobil Pipeline Co. on Wednesday asked a Texas appellate court to throw out a fired employee’s defamation suit under a state free speech law, arguing that an internal conversation between the man’s supervisors was protected speech.

  • October 22, 2014

    Stanford Files Pro Se Appeal In $7B Ponzi Scheme Conviction

    Disgraced Texas tycoon Robert Allen Stanford on Tuesday urged the Fifth Circuit to overturn his 110-year prison sentence for a $7 billion Ponzi scheme, arguing in an appeal in which he is representing himself that federal authorities didn't have jurisdiction over his bank.

  • October 22, 2014

    7th Circ. Rules Against Tablet Product Co. In Contract Fight

    The Seventh Circuit on Wednesday sided with Block and Co. Inc. in a breach of contract dispute with tablet accessories company nClosures Inc., finding the companies' confidentiality agreement was unenforceable because nClosures hadn’t taken reasonable steps to guard its proprietary information.

  • October 22, 2014

    Ex-Kline & Specter Atty Freed From Returning Referral Fees

    The Pennsylvania Superior Court overturned a trial court's order that a former Kline & Specter PC attorney must return more than $200,000 in referral fees for cases he took with him after leaving to found his own firm, saying Wednesday that the lower court had erred.

  • October 22, 2014

    Grunenthal Dodges Thalidomide Suit In Spain

    German drugmaker Grunenthal GmbH dodged a Spanish court's damages award in a thalidomide injury dispute in which it stood to payout as much as an estimated $44 million to a group of plaintiffs, according to Wednesday news reports.

  • October 22, 2014

    3rd Circ. Affirms Dismissal Of Virgin Islands Telecom Case

    The Third Circuit on Tuesday upheld a lower court's decision to transfer a complicated settlement dispute involving Norton Rose Fulbright, investment firm Greenlight Capital Inc., a group of insolvent Virgin Islands telecommunications firms and others to bankruptcy court, which then recommended that the case be thrown out.

  • October 22, 2014

    Lupin, Amneal Lose Bid To Reverse Birth Control IP Ruling

    The Federal Circuit on Wednesday shot down Lupin Ltd. and Amneal Pharmaceuticals LLC’s bid to reverse a lower court’s finding that Warner Chilcott Co. LLC’s patent for the oral contraceptive Lo Loestrin Fe wasn’t shown to be obvious, finding the appellants’ arguments “unpersuasive.”

  • October 22, 2014

    Mich. Court Keeps Glass Co. On Hook For $4M In Abated Taxes

    The Michigan Court of Appeals on Tuesday said food and beverage glassmaker Owens-Brockway Glass Containers Inc. has to pay $4 million in tax refunds to the city of Charlotte, because it closed its factory there before fulfilling its tax abatement contract.

  • October 22, 2014

    Hollister Fights Class Cert. In Expired Reward Card Fight

    Hollister Co. on Tuesday urged a New Jersey appellate panel to overturn a lower court's certification of a class alleging the clothing retailer duped customers with promotional gift cards with an inconspicuous expiration date, arguing the class members can't be ascertained.

  • October 22, 2014

    Pa. Appeals Court Tosses Asbestos Claims Against CBS, GE

    A Pennsylvania appeals court on Wednesday handed a win to CBS Corp., General Electric Co., Georgia Pacific Corp. and numerous other defendants in an asbestos wrongful death suit, finding a widow hadn’t proved her husband was exposed to asbestos with the frequency required under state law to show it had caused harm.

  • October 22, 2014

    Credit Suisse Can't Duck $1B RMBS Suit, Appeals Court Says

    A New York appeals court on Tuesday rebuffed a Credit Suisse Group AG subsidiary’s bid to escape a residential mortgage-backed securities lawsuit that claims the bank failed to repurchase toxic loans that cost investors $1 billion, finding the case is not time-barred.

  • October 22, 2014

    Enviros Urge 9th Circ. To Nix Emissions Swap For $1B Plant

    Environmental groups urged a Ninth Circuit panel Wednesday to toss a U.S. Environmental Protection Agency decision allowing a local air quality agency's transfer of emissions credits to a new $1 billion power plant, saying the EPA's rule was "arbitrary and capricious" and failed to properly count banked credits.

  • October 22, 2014

    Giving Number To Airline Isn't TCPA Consent, 9th Circ. Told

    A consumer has urged the Ninth Circuit to revive her proposed class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming her, saying the lower court incorrectly determined she had given express consent by providing her number when booking a flight.

  • October 22, 2014

    Ariz. Attacks Tribe's Phoenix Casino Plan In 9th Circ.

    The state of Arizona fired another volley in the Ninth Circuit seeking to halt a local Indian tribe's controversial plan to build a $400 million Las Vegas-style casino in Glendale, Arizona, saying the tribe failed to show that Congress intended to allow it to build a casino in an urban area far from its main reservation.

  • October 22, 2014

    US Talks Can't Extend Patent Law To Foreign Sales: Fed. Circ.

    The Federal Circuit on Wednesday upheld a $1.5 million judgment against Pulse Electronics Corp. for infringing three Halo Electronics Inc. transformer patents used in domestic products, but said that U.S. patent laws don't apply to units sold internationally even if negotiations for foreign sales occurred in the U.S.

  • October 22, 2014

    2nd Circ. Tosses Argentina's Appeal Of $539M Payment Block

    The Second Circuit on Wednesday dismissed Argentina's appeal of a New York federal judge's order blocking a $539 million payment to bondholders via Bank of New York Mellon, finding that it doesn't have jurisidiction because the order appealed from was a clarification rather than a modification of prior rulings.

  • October 22, 2014

    Motorola Tells 7th Circ. FTAIA No Cartel Shield

    Motorola Mobility LLC told the Seventh Circuit on Tuesday that the Foreign Trade Antitrust Improvements Act, which was designed to limit the foreign reach of U.S. antitrust law, was not meant to give a free pass to cartels whose products end up in the U.S. just because the sales happen abroad.

  • October 22, 2014

    Indonesia High Court OKs Chevron Worker's Graft Conviction

    The Supreme Court of Indonesia upheld the corruption conviction of a Chevron Corp. employee accused of ordering the costly cleanup of sites near Chevron oil wells that were not contaminated, the court said Wednesday. 

Expert Analysis

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.

  • Florida Decision Protects Lien Rights For Contractors

    Jason Kellogg

    A recent state appellate court decision reinforces the lien rights of Florida’s contractors, subcontractors and suppliers by limiting the ability of developers to employ creative means to avoid those liens — likely stabilizing the market for payment bonds and deterring increased litigation between contractors and their sureties, says Jason Kellogg of Levine Kellogg Lehman Schneider & Grossman LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • IPR And CBM — You May Be In For A Trip To The Fed. Circ.

    Erin Dunston

    Due to the popularity of inter partes review and covered business method review and the likelihood of appeal, it is important to realize while in an IPR or CBM that you are functionally fighting two battles — the one at hand and the Federal Circuit one likely to follow, say Erin Dunston and Philip Hirschhorn of Buchanan Ingersoll & Rooney PC.

  • 1st Circ. Injects Uncertainty Into Stay Relief Denials

    Douglas R. Gooding

    Both the majority and dissent in a First Circuit ruling in Pinpoint IT Services LLC v. Rivera could be accused of drawing an arbitrary line in the sand — their positions bring uncertainty to bankruptcy appeals of stay relief denials even prior to any consideration of the merits of such appeals, say Douglas Gooding and Meg McKenzie Feist of Choate Hall & Stewart LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.

  • Design Patent Damages Might Be More Than You Expected

    Scott Breedlove

    For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.