Appellate

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Heller Trustee Makes Final Push For Stakes In Ex-Atty Work

    A plea by Heller Ehrman LLP’s trustee in California’s highest court Wednesday may be the last stand for arguments that dissolved partnerships should be able to keep a stake in work that fleeing lawyers take to competitors, as the bankrupt firm enters the final stage in a long clawback saga.

  • December 1, 2016

    Insurer Wins Bid To Exhaust Policy Limit Over Atty Shooting

    A New Jersey state judge has ruled that an insurer may exhaust a policy to settle claims against a security company over the fatal shooting of an attorney at a mall, even if that settlement does not end claims against the mall's owners.

  • December 1, 2016

    Calif. High Court Creates Take-Home Asbestos Liability

    The California Supreme Court on Thursday held that employers can be held liable for injuries caused by secondhand asbestos exposure suffered by the household members of employees exposed to the material, ruling employers have a duty to prevent their workers from carrying asbestos home with them. 

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

  • December 1, 2016

    9th Circ. Tells BIA That Killings Constitute Torture

    The Board of Immigration Appeals incorrectly upheld an immigration judge's inference that killing does not constitute torture, the Ninth Circuit said in a published decision Wednesday, while also ruling that the gang described by the Salvadoran immigrant seeking to stay in the U.S. wasn't a particular enough social group to merit a withdrawal from deportation.

  • December 1, 2016

    Polaris Urges Fed. Circ. To Revive ATV Patent

    The Patent Trial and Appeal Board improperly relied on hindsight to invalidate the asserted claims of a Polaris patent covering a design for an all-terrain vehicle, as the design was inventive because it packaged known components in an entirely new way, the company told the Federal Circuit on Wednesday.

  • December 1, 2016

    University Wants Unpaid Patent License Fees Suit Revived

    The University of South Florida asked the Eleventh Circuit Wednesday to revive its breach-of-contact suit against drug company CoMentis Inc. over an unpaid sum the university says it's owed under a settlement ending patent litigation involving Alzheimer's disease research.

  • December 1, 2016

    Maine Tells 1st Circ. Not To Expand Tribe's River Rights

    The state of Maine urged the First Circuit on Wednesday to cement a lower court's conclusion that the Penobscot Nation's reservation includes the islands but not the waters in a certain part of the Penobscot River, saying the tribe's attempt to expand its reservation's boundaries should be rejected.

  • December 1, 2016

    Enviros Fight DOE Approval Of LNG Exports At DC Circ.

    The Sierra Club on Wednesday urged the D.C. Circuit to strike down approvals for natural gas export projects in Texas and Louisiana, saying the U.S. Department of Energy should have analyzed the environmental impacts of climate change and new gas production sparked by the projects.

  • December 1, 2016

    Conn. High Court To Hear Sandy Hook Families' Gun Appeal

    The Connecticut Supreme Court has agreed to directly hear an appeal from the families of victims of the Sandy Hook Elementary School shooting, whose case against Bushmaster AR-15 rifle maker Remington was dismissed by a state court judge in mid-October after a finding of immunity under federal law.

  • December 1, 2016

    Concrete Co. Beats Meal Break Suit At Calif. Appeals Court

    A California appeals court on Wednesday affirmed a lower court ruling that a concrete mixing company did not illegally deprive a class of workers of meal breaks, ruling the workers were free to take time to eat but most chose not to.

  • December 1, 2016

    Justices Told To Keep Mich. From Back-Dating Tax Deal Exit

    IBM Corp., Nintendo, T-Mobile and several other companies have asked the U.S. Supreme Court to hear their challenge to a Michigan appeals court ruling that backed Michigan's decision to retroactively withdraw from a multistate tax agreement, arguing that the state's action was unconstitutional and broke a binding contract.

  • December 1, 2016

    Attys Lose $35K Fee After 7th Circ. Orders New Analysis

    A team of personal injury lawyers lost a $35,000 contingency fee award in the Seventh Circuit on Thursday when a panel found that a lower court judge didn’t look at the value of their services in granting the award stemming from a settlement over defective hip implants from DePuy Orthopedics.

  • December 1, 2016

    Courts Decide Private Utility Battles, Ill. Justices Tell 7th Circ.

    The Illinois Commerce Commission does not have jurisdiction over rate disputes between nonpublic companies that sell electricity and their customers, the Illinois Supreme Court said Thursday in an opinion issued as part of a Seventh Circuit appeal in a proposed class action over alleged overcharging.

  • December 1, 2016

    Experts Hampered In Depakote Birth Defect Trial, Mom Says

    A mother alleging her child's birth defects were caused by Abbott Laboratories Inc.'s anti-seizure drug Depakote pressed the Sixth Circuit for a new trial, saying Thursday the lower court wrongly limited crucial testimony from three doctors who have called the medication's warning labels inadequate.

  • December 1, 2016

    Arbitration Not Barred By FLSA, 6th Circ. Hears

    Outsourcing and consulting firm Kelly Services Inc. urged the Sixth Circuit to rule that it could arbitrate an employee's claims that he wasn't properly paid overtime, saying a lower court incorrectly determined that the right to pursue collective actions under the Fair Labor Standards Act can’t be waived.

  • December 1, 2016

    6th Circ. Refuses To Send Tire Dispute To Arbitration In China

    A Chinese tire company that appealed an Ohio federal judge’s decision to keep its U.S. partner’s counterclaims alive in a dispute over their scuttled business relationship instead of sending them to arbitration in China had its case rejected by the Sixth Circuit on Thursday.

  • December 1, 2016

    RI Biz Group Urges 1st Circ. To Revive Wind Farm Fight

    A Rhode Island business group on Wednesday urged the First Circuit to revive its challenge to the state's approval of Deepwater Wind LLC's Block Island offshore wind farm, saying a lower court wrongly concluded that the group waited too long to file its lawsuit.

  • December 1, 2016

    'Idol' Contestant's Radar Online Libel Suit Canned On Appeal

    A California appeals court on Wednesday tossed former “American Idol” contestant Corey Clark’s suit alleging gossip site Radar Online defamed him in an article about his dismissal from the show, ruling Clark never showed any evidence that he was defamed.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

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    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • What's At Stake In High Court's Life Tech Patent Case

    Wayne Stacy

    The U.S. Supreme Court could soon put its stamp of approval on a Federal Circuit decision that significantly expanded the extraterritorial reach of U.S. patent law. Life Technologies v. Promega — set for oral argument next week — may become a direct threat to U.S. manufacturers and exporters, say Wayne Stacy and Jay Schiller of Baker Botts LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REBUTTAL: Del. Court Rejects Defense Cost Coverage Claims

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    In a recent Law360 guest article, counsel for Warren Pumps LLC reduced legally and factually complex anti-assignment and trigger issues to "delay tactics," ignoring the Delaware Supreme Court's rejection of Warren's attempt to obtain defense costs coverage to which it was never entitled, says Laura McKay of Hinkhouse Williams Walsh LLP.

  • What If The Government Says A False Claim Isn't False?

    Mark Strauss

    The False Claims Act lets whistleblowers with evidence of fraud against the government bring civil suits and recover damages on the government’s behalf. But what if a government agency denies being defrauded, and declares its willingness to keep paying the allegedly false claims? This question — which may be relevant under the Trump administration — is raised by Harman v. Trinity, now before the Fifth Circuit, says Mark Strauss of ... (continued)

  • Why DOJ Is Right To Appeal BMI Consent Decree Ruling

    , Law Offices of David Balto

    U.S. District Judge Louis Stanton’s BMI decision has shown that the U.S. Department of Justice's consent decree enforcement might be more fragile than we hope, and should the DOJ not prevail on its recently announced appeal to the Second Circuit, we may see further erosion of the DOJ’s tools in enforcing the antitrust laws, says David Balto, a former trial attorney in the DOJ's Antitrust Division.

  • A Look At The On-Sale Bar: Part 1 — The Helsinn Debate

    Alex Chan

    A case pending before the Federal Circuit — Helsinn v. Teva — could provide much-needed clarity on the on-sale bar’s applicability to secret sales in the post-America Invents Act era, says Alex Chan of Tensegrity Law Group LLP.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.