Appellate

  • October 1, 2014

    Steel Cos. Can't Hold Off $156M Antitrust Loss: 5th Circ.

    The Fifth Circuit refused to stay a $156 million judgment against a slew of steel companies for arranging a boycott to cut MM Steel LP’s access to supplies, finding Wednesday that Texas law doesn’t limit the required appeal bond.

  • October 1, 2014

    LegalZoom Wins OK For Doc Review Deal After Calif. Appeal

    A California appeals court on Wednesday approved LegalZoom Inc.’s multimillion-dollar settlement of a class action alleging the company misrepresented that lawyers reviewed its documents to 1.4 million consumers, ruling the settlement was fair.

  • October 1, 2014

    Highland Fund Says UBS Breached Debt Trade Agreement

    A defunct fund managed by Highland Capital Management LP on Wednesday argued that UBS AG had materially breached a distressed debt trade agreement by taking too long to close the deal, but UBS said it was Highland that dragged its feet in finalizing the trade.

  • October 1, 2014

    3rd Circ. Denies Stay To Therapists In NJ Gay Conversion Row

    The Third Circuit on Tuesday refused to stay its decision upholding a New Jersey law prohibiting counselors from treating minors with “conversion therapy” to change their sexual orientation while opponents of the law mount a U.S. Supreme Court challenge.

  • October 1, 2014

    Pa. Justices To Mull Opinions As Evidence In Libel Suit

    The Pennsylvania Supreme Court agreed Tuesday to hear an appeal of a decision barring two judicial opinions sought as evidence by ex-county commissioners suing The Scranton Times LP for libel from being admitted in the case.

  • October 1, 2014

    2nd Circ. Asked To Deny AIG $306M Tax Refund Appeal

    American International Group Inc. is not entitled to a refund of $306 million resulting from foreign tax credits disallowed by the Internal Revenue Service because the underlying transactions lacked economic substance, the federal government told the Second Circuit in a brief filed Monday.

  • October 1, 2014

    11th Circ. Won't Review Global Energies Bankruptcy Reversal

    An Eleventh Circuit panel has denied a shareholder's request to reconsider a ruling reversing the bankruptcy petition of Boca Raton, Florida-based Global Energies LLC and ordered sanctions hearings for abuse of the bankruptcy process and withholding evidence.

  • October 1, 2014

    10th Circ. Dow Ruling Shows Class Actions Alive And Well

    The Tenth Circuit's recent decision to uphold a $1 billion judgment against Dow Chemical Corp. in an antitrust class action shows that plaintiffs can still clear the U.S. Supreme Court's heightened bar for class certification with detailed analysis tying their injuries to the alleged wrongdoing, attorneys say.

  • October 1, 2014

    Texas Court Asked To Revive Claim Law Firm Stole FCA Suit

    Potential clients of a former federal judge-turned-plaintiffs’ lawyer on Wednesday asked a Texas appeals court to revive claims the lawyer used confidential information they provided him to preemptively file a False Claims Act and bribery suit for another whistleblower plaintiff.

  • October 1, 2014

    7th Circ. Asked To Revive Ciba Contact Lens Injury Suit

    An Illinois man urged the Seventh Circuit on Wednesday to resurrect his suit alleging contact lenses made by Novartis AG unit Ciba Vision Corp. injured his eyes, claiming the contacts were defective despite their exclusion from a massive recall.

  • October 1, 2014

    Apple Wants Jones Day DQ'd From LG Battery IP Row

    Apple Inc. on Tuesday urged the Federal Circuit to disqualify Jones Day from representing battery component maker Celgard LLC in a patent infringement suit against Apple supplier LG Chem Ltd., saying the firm “betrayed” Apple by representing a company pursuing an injunction against Apple products.

  • October 1, 2014

    TD Bank Snubbed On Rehearing Of $67M Ponzi Case Verdict

    The Eleventh Circuit on Wednesday denied a petition from TD Bank NA to revisit a ruling that investors in jailed attorney Scott Rothstein's $1.2 billion Ponzi scheme had standing to win a $67 million verdict from the bank.

  • October 1, 2014

    7th Circ. Asked To Rehear Medicare Research Funding Case

    Chicago teaching hospital Rush University Medical Center on Tuesday urged the full Seventh Circuit to review its panel decision to strike down a ruling allowing Medicare compensation for Rush’s “pure research” costs, claiming the court had issued a prior opinion offering a contradictory interpretation of the statute at hand.

  • October 1, 2014

    Dura Auto Workers Want 6th Circ. To Rehear Drug Test Case

    Workers for Dura Automotive Systems Inc. on Tuesday urged the Sixth Circuit to grant an en banc rehearing in their lawsuit over employee drug testing, saying an appellate panel had erred in finding that Dura's requirements didn't constitute medical exams or disability-related inquiries under the Americans with Disabilities Act.

  • October 1, 2014

    Tweets KO Law Prof.'s Brief In $173M IP Row, Fed. Circ. Told

    Qualcomm Inc. on Wednesday urged the Federal Circuit to reject a proposed amicus brief by Benjamin N. Cardozo School of Law professor Daniel P. Ravicher backing ParkerVision Inc.'s bid to reinstate a $173 million patent infringement verdict, saying the professor disclosed on Twitter his financial interest in ParkerVision.

  • October 1, 2014

    7th Circ. Rightly Nixed $9M FCA Verdict, Nursing Home Says

    An Illinois nursing home on Wednesday urged the Seventh Circuit not to reconsider its panel decision overturning a $9 million False Claims Act judgment against the company, saying whistleblowers had failed to prove even a single false claim.

  • October 1, 2014

    Paul Hastings Can't Undo DQ In Toshiba Secrets Row

    A California appeals court on Tuesday refused to undo an order blocking Paul Hastings LLP from representing a Korean semiconductor company in trade secrets litigation brought by Toshiba Corp. and SanDisk Inc., after a judge found the firm was conflicted out of the case.

  • October 1, 2014

    3rd Circ. Hears Double Jeopardy Fears In Bribery Retrial

    The former chief of staff for a Philadelphia councilman and two other men who beat bribery convictions in 2012 asked the Third Circuit on Wednesday to narrow the scope of issues a jury could consider in their retrial, citing a risk of double jeopardy.

  • October 1, 2014

    2nd Circ. Snuffs Tribes' Bid To Block Payday Loan Crackdown

    The Second Circuit on Wednesday backed a New York federal judge who refused to stop state bank regulators from targeting lenders based on Native American reservations as part of a crackdown on high-interest online payday loans, finding his conclusion that the state likely has authority was reasonable.

  • October 1, 2014

    Insurer Must Face Dating Service's $14M TCPA Coverage Suit

    An Illinois appeals court on Tuesday revived a dating service’s suit demanding coverage from Central Mutual Insurance Co. for a $14 million settlement struck in a junk fax class action, pointing to a recent landmark Telephone Consumer Protection Act ruling from the state’s high court.

Expert Analysis

  • Delving Deeper Into Duran

    Brian Kriegler

    The California Supreme Court's ruling in Duran v. U.S. Bank National Association is a potential game-changer for wage and hour class actions by suggesting that certification is the stage at which trial courts should address whether a class action is appropriate and whether the parties’ proposed use of statistical methods will offer informative results to a trier of fact, says Brian Kriegler of Econ One Research Inc.

  • Big TCPA Victory For The Collection Industry In 11th Circ.

    Matthew Rosenkoff

    Plaintiffs lawyers across the country had attempted to rely on the lower court's decision to file Telephone Consumer Protection Act lawsuits, but with the Eleventh Circuit's ruling in Gulf Coast Collection Bureau Inc. v. Mais, the collection industry can breathe a sigh of relief, says Matthew Rosenkoff of Taylor English Duma LLP.

  • 9th Circ. El Dorado Ruling Confirms Broad FHA Application

    Gail Kavanagh

    The recent Ninth Circuit ruling in El Dorado Estates v. City of Fillmore — where it was alleged that the city’s environmental law compliance requirements were designed to prevent El Dorado from making housing available to families — confirms that courts will apply anti-discrimination statutes such as the Fair Housing Act even when no party has suffered direct unlawful discrimination, says Gail Kavanagh of Sedgwick LLP.

  • 11th Circ. Weighs In On Duty To Disclose Merger Talks

    William Foley

    The Eleventh Circuit found in Finnerty v. Stiefel Laboratories Inc. that a duty to disclose can, in fact, exist with respect to merger discussions. It is, however, not yet clear the extent to which Finnerty has altered the merger landscape, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Plaintiffs May Exploit CDA Exception Created By 9th Circ.

    Robert Rogers

    In reversing the dismissal of a negligent failure-to-warn action, the Ninth Circuit appears to have carved out an exception to the immunity afforded to website operators under the Communications Decency Act. Plaintiffs probably will be tempted to try to shift liability to website operators for injuries caused by others who use their websites, says Robert Rogers of Holland & Knight LLP.

  • High Court To Go Fishing For Answers In Anti-Shredding Case

    Diana Lloyd

    Is it reasonable for Sarbanes-Oxley to apply to a fisherman who throws red grouper into the sea? Yates v. U.S., which will be heard by the U.S. Supreme Court this fall, illustrates the overarching issue of the government applying certain statutes to criminalize behavior beyond what one would reasonably understand to be prohibited, say Diana Lloyd and Kevin Ma of Choate Hall & Stewart LLP.

  • Fed. Circ. Wrestles With Conflicting Court And PTO Rulings

    Robert Sloss

    When a district court and the U.S. Patent and Trademark Office reach conclusions at odds with one another in a patent litigation, the litigants are forced to continue the fight until the situation gets sorted out. Within the past year, the Federal Circuit has issued three decisions that bring some clarity to this murky area, says Robert Sloss of Procopio Cory Hargreaves & Savitch LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. Sheds Light On Insider Status In Bankruptcy

    Shmuel Vasser

    A recent nonbankruptcy Third Circuit decision, Aleynikov v. Goldman Sachs Group Inc., may clarify what it means to be an officer of a debtor, and it would appear that the presumption established by the case of Foothills Texas may no longer be followed, say Shmuel Vasser and Shana White of Dechert LLP.

  • To Label Or Not To Label? Companies May Have No Choice

    Thomas C. Means

    The multiplicity of perspectives in the D.C. Circuit's en banc ruling in American Meat Institute v. U.S. Department of Agriculture leaves open the possibility that the case may reach the U.S. Supreme Court and, in the meantime, stand for a broad proposition that government may compel virtually any commercial speech, say attorneys at Crowell & Moring LLP.