Appellate

  • June 29, 2016

    11th Circ. Affirms MBS Fraud Verdict Against Lender Exec

    The Eleventh Circuit on Wednesday shot down a former mortgage lender CEO’s appeal of a Florida jury’s finding that he committed fraud regarding the quality of loans used in mortgage-backed securities, resulting in a $2.7 million judgment against him, finding the jury had weighed enough evidence to support the verdict.

  • June 29, 2016

    Felony, Race Not Why Man Was Denied Job, 5th Circ. Says

    The Fifth Circuit on Tuesday ruled in favor of a Texas school district in a bias suit brought by an African-American electrician who said he was rejected for the job of master electrician based on his race and criminal record.

  • June 29, 2016

    6th Circ. Says Judge Can Poll Jury On Sentencing Guidelines

    The Sixth Circuit found Wednesday in an issue of first impression that an Ohio federal judge did not err in taking the opinions of the jury into consideration in his decision to hand down a minimum sentence to a man convicted of child pornography distribution.

  • June 29, 2016

    Payday Lending Row Must Go To Arbitration, 6th Circ. Told

    Loan servicer CashCall Inc. and collection agency Delbert Services Corp. told the Sixth Circuit on Wednesday that a recent Florida federal court ruling backed their argument that an arbitration agreement in a contract for a loan that the companies had handled can be enforced.

  • June 29, 2016

    Ex-Fla. Judge Loses Attys' Fees Appeal For 'Sham Pleading'

    Ex-Broward County Judge Laura M. Watson and her attorney remain on the hook for attorneys' fees in a failed suit against former co-counsel, as an appeals court found Wednesday the trial court can impose fees on its own initiative even though the defendants' motion was defective.

  • June 29, 2016

    Jury Didn’t Hear Defense In $9M Coverage Row, Insurer Says

    A Missouri federal court abused its discretion and wrongly excluded Fidelity National Title Insurance's key defense argument, costing the insurer nearly $9 million in damages and attorneys' fees after a jury concluded Fidelity failed to defend a real estate investor against mechanics' liens, the insurer told the Eighth Circuit Tuesday.

  • June 29, 2016

    DC Circ. Axes Rule Challenge On Airport Kiosks For Blind

    The D.C. Circuit on Tuesday rejected the National Federation of the Blind's challenge of a U.S. Department of Transportation final rule requiring airlines to install ticketing kiosks that are accessible to blind people, saying it had initially been filed too late and in the wrong forum.

  • June 29, 2016

    Patent Holder Brief A Paper Caper, Sprint Tells Fed Circ.

    Sprint accused patent-holding company Prism Technology of attempting to “paper over” errors in a Nebraska trial that resulted in a $30 million infringement judgment against the wireless carrier, telling the Federal Circuit Tuesday to toss the award.

  • June 29, 2016

    Medtronic Gets Bosch Patent Dismissals Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions from 2015 that invalidated three Robert Bosch Healthcare Systems Inc. patents related to telehealth technology, in a win for competitor Medtronic Inc. unit Cardiocom LLC, which Bosch had claimed infringed the patents through its electronic data collection system.

  • June 29, 2016

    Ex-Pa. County Commisioner Loses Bid To Revive Libel Suit

    A Pennsylvania appeals court on Tuesday upheld a pretrial ruling in favor of a Clinton County, Pennsylvania, newspaper hit with claims of defaming a former county commissioner by allegedly falsely characterizing charges of theft of which he was eventually acquitted, saying there was no actual malice, just negligent reporting, at worst.

  • June 29, 2016

    DC Circ. Drops LNG Export Fight On DOE's Doorstep

    The D.C. Circuit's rulings Tuesday that the Federal Energy Regulatory Commission didn't have to evaluate potential drilling increases in approving two liquefied natural gas export projects likely slams the door on broad-based challenges to FERC's LNG project reviews and means that project opponents will now take aim at the U.S. Department of Energy instead, experts say.

  • June 29, 2016

    Goodyear, Fennemore Atty Can't Ditch Sanctions, Justices Told

    Two married couples who secured $2.7 million in discovery fraud sanctions against Goodyear and a Fennemore Craig PC attorney in a tire liability suit have told the Supreme Court that the two haven’t presented any compelling reasons for the high court to take up the suit and overturn the sanctions.

  • June 29, 2016

    Raymours Bias Suit Revived As NJ Justices Nix Time Limit

    The New Jersey Supreme Court has revived a Raymours Furniture Co. employee’s race bias suit that a lower court sent to arbitration, in the wake of the justices’ recent decision to invalidate employer-imposed time limits for filing discrimination claims.

  • June 29, 2016

    Assurance On Hook Despite Dueling Coverage In Fire Case

    Assurance Co. of America can’t escape covering a construction contractor in a dispute over fire damage to a Lake Geneva, Wisconsin, luxury home — that was still under construction although the owners had moved in — because its builder's risk policy did not end once the homeowners' property policy was in place, the Wisconsin Supreme Court said Wednesday.

  • June 29, 2016

    11th Circ. Urged To Scrap Rinky-Dink Award In Navy Row

    A security company told the Eleventh Circuit on Tuesday the subcontractor was improperly sanctioned with a measley damages award for omitting facts in litigation against a prime contractor that ousted the company from a $12 million U.S. Navy deal and stole its employees.

  • June 29, 2016

    2nd Circ. Urged To Update Sex Bias Standard

    The U.S. Equal Employment Opportunity Commission and more than 120 federal lawmakers told the Second Circuit Tuesday to revise its “outdated” precedent on sexual orientation discrimination by expanding its interpretation of Title VII’s ban on sex bias to include discrimination based on sexual orientation.

  • June 29, 2016

    Fed. Circ. Calls USPTO Reasoning 'Fallacious' In Patent Case

    The Federal Circuit revived claims in a television mount patent Wednesday, while taking an opportunity to knock the U.S. Patent and Trademark Office for the “fallacious” reasoning in one of its arguments defending a Patent Trial and Appeal Board decision.

  • June 29, 2016

    Attys Liable In $8M Antonelli Malpractice Row, Tech Co. Says

    A tech company that won an $8 million malpractice judgment against Antonelli Terry Stout & Kraus LLP over a botched patent application challenged two attorneys' argument that they should not be held personally liable, telling the Second Circuit on Tuesday that the trial court had erroneously cleared him.

  • June 29, 2016

    'Bad Faith' Or Statute Needed For Attys' Fees: 4th Circ.

    An award of attorneys’ fees is not automatic when the defense prevails in a federal lawsuit, the Fourth Circuit ruled Tuesday in an appeal of a Fair Labor Standards Act case in North Carolina.

  • June 29, 2016

    11th Circ. Sends Pre-1972 Case To Fla. Supreme Court

    The Eleventh Circuit ruled Wednesday that the Florida Supreme Court, rather than a federal appeals court, should resolve the tricky question of whether radio companies like SiriusXM must pay royalties on songs recorded prior to 1972.

Expert Analysis

  • REBUTTAL: Lenders Won't Lose Mortgage Priority In NJ

    Matthew H. Lewis

    A recent Law360 guest article suggested that if the New Jersey Supreme Court upholds the lower court's decision in Rosenthal & Rosenthal v. Benun it could have a chilling effect on certain types of loans that provide for future advances — but such consequences are unlikely, says Matthew Lewis at Riker Danzig Scherer Hyland & Perretti LLP.

  • Clean Energy Incentive Program Creates More CPP Confusion

    Charles T. Wehland

    The U.S. Environmental Agency's position regarding its recently proposed Clean Energy Incentive Program makes it challenging for states and the regulated community to understand and implement Clean Power Plan requirements, and is also contrary to relevant precedent, say attorneys at Jones Day.

  • Appeals Court Saves Private Partnerships In California

    Norman F. Carlin

    In a pair of recent decisions, a California appeals court endorsed a practical approach to California Environmental Quality Act compliance for public-private partnerships, which could be applied to a wide range of agreements between public agencies and private entities, say Norman Carlin and Emily Burkett at Pillsbury Winthrop Shaw Pittman LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Move Over, Enfish — Bascom Is Latest Post-Alice Tool

    Jayme Partridge

    For the third time since Alice, the Federal Circuit has upheld the validity of claims challenged under Section 101 as being patent-eligible. In Monday's Bascom v. AT&T decision, the court required a more robust analysis under step two of the Alice test, providing an avenue for patent owners to overcome an invalidity challenge under 101, say attorneys with Patterson & Sheridan LLP.

  • Fate Of Municipal-Plaintiff FHA Suits In Justices' Hands

    Mark E. Rooney

    The U.S. Supreme Court's decision in City of Miami v. Bank of America and Wells Fargo could define the reach of mortgage discrimination lawsuits under the Fair Housing Act and will be a key case to watch in the 2016 term. The case also provides the court an opportunity to reconsider its prior line of FHA-standing cases, says Mark Rooney of BuckleySandler LLP.

  • What To Expect In Post-Escobar FCA Litigation

    Peter Hutt II

    This week, the U.S. Supreme Court vacated the judgments in three False Claims Act matters that were pending before it on petitions for certiorari and remanded them for further consideration in light of the new standards enunciated in Escobar. Within the next few weeks, there will be a trickle of lower court decisions applying Escobar. By the end of the year, the trickle will be a flood, say attorneys with Covington & Burling LLP.

  • A New Standard For Attorneys’ Fee Awards In Copyright Cases

    Barry I. Slotnick

    While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley & Sons — which directs lower courts to give significant weight to a losing party’s objectively unreasonable litigation position — is likely to deter some meritless copyright litigation, the inability to collect a fee award from an impecunious litigant sometimes requires other methods of deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.

  • Alice May Be Back From Wonderland

    Ronald G. Embry

    The Federal Circuit and the U.S. Patent and Trademark Office are moving in substantially the same direction at the same time, which may move U.S. patent practice back to a more moderate and discerning Alice implementation, says Ronald Embry of Patterson & Sheridan LLP.

  • Madden High Court Denial — Much Ado About Not Much

    Brian S. Korn

    The U.S. Supreme Court’s refusal to hear Madden v. Midland Funding will cause nonbank assignees to avoid purchasing certain loans made in the three states affected by the Second Circuit. But by denying certiorari, the Supreme Court has localized the damage caused, say Brian Korn and Richard Gottlieb of Manatt Phelps & Phillips LLP.