Appellate

  • June 30, 2015

    Army Must Care For Veterans Used In Experiments: 9th Circ.

    A California district court’s ruling that the U.S. Army doesn’t have to provide medical care for veterans who had volunteered to participate in experiments with chemical and biological weapons was out of line, a panel of Ninth Circuit judges said Tuesday.

  • June 30, 2015

    Kramer Levin Escapes Sanctions In CEO Row

    A New York state appeals court on Tuesday tossed sanctions issued against Kramer Levin Naftalis & Frankel LLP for allegedly not acting quickly enough to correct a defective complaint in two co-CEOs' battle over a translation services company's payroll system.

  • June 30, 2015

    Oil Cos. Must Face Injury Suit Over Okla. Earthquake

    The Oklahoma Supreme Court revived a woman’s suit Tuesday seeking to recover damages from two energy companies over an earthquake that injured her and damaged her home, saying personal injury suits belong in state district court.

  • June 30, 2015

    Apple E-Books Court Sticks Landing With Tough Antitrust Test

    Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.

  • June 30, 2015

    Malpractice Suit Against Milbank Goes Forward In Calif.

    A California appeals court trimmed a conspiracy claim Tuesday in a suit alleging a Milbank Tweed Hadley & McCloy LLP partner conspired with a partner in a financial services firm to commandeer a potentially lucrative joint venture, but allowed the main claims to proceed.

  • June 30, 2015

    Citing Tibble, 11th Circ. Revives SunTrust ERISA Suit

    The Eleventh Circuit on Tuesday revived two putative class actions accusing SunTrust Banks Inc. of unfairly compromising its employees' retirement plans by allegedly selecting poorly performing mutual funds managed by its own affiliates in light of the U.S. Supreme Court's recent Tibble ruling.

  • June 30, 2015

    Wisconsin Supreme Court Upholds State Wind Turbine Rules

    The Wisconsin Supreme Court on Tuesday upheld an appeals court’s approval of the state's wind turbine installation rules, saying that the rules are valid even though passed without a housing impact report because the state's Public Service Commission properly determined one was not required.

  • June 30, 2015

    Texas Court Says Eagle Ford Contract May Cover More Land

    In a case of first impression, a Texas appellate court on Tuesday said a 1980 oil and gas development contract for Eagle Ford Shale property isn’t limited to the interests owned by the original parties at the time of the contract.

  • June 30, 2015

    Texas Appeals Court Revives BP’s Trespass Indemnity Suit

    A Texas appeals court on Tuesday revived a BP Oil Pipeline Co. suit alleging Plains Pipeline LP agreed to indemnify it against landowners who say BP trespassed on their property to use a pumping station for 26 years without paying rent, finding Plains failed to show it was entitled to summary judgment.

  • June 30, 2015

    Foreign Sales Don't Exhaust Patents, US Tells Fed. Circ.

    At the full Federal Circuit's invitation, the U.S. government told the court Monday that a 2013 Supreme Court ruling that sales outside the U.S. exhaust copyrights does not apply to patents and that foreign sales of a patented article do not exhaust patent rights.

  • June 30, 2015

    Naked Shorts Suit Gives High Court Chance To Curb States

    In agreeing to hear a case about naked short selling, the U.S. Supreme Court on Tuesday put itself in a position to establish the extent to which federal securities laws preempt certain state-based claims and, in doing so, may further curtail state securities suits.

  • June 30, 2015

    Fed. Circ. Says 1907 Rule Seals Office Depot Win In IP Row

    The Federal Circuit on Tuesday sided with Office Depot Inc. and others in a patent dispute over a website search function, ruling patent owner SpeedTrack Inc.’s claims were barred by a seldom-used, century-old statute.

  • June 30, 2015

    Commerzbank Loses Fraud Claim Against Morgan Stanley

    The New York State Court of Appeals on Tuesday denied Commerzbank AG's bid to revive a fraud claim against Morgan Stanley & Co., saying that the German banker failed to show that it had been given the right to sue from the original holders of the rated notes underlying the claim.

  • June 30, 2015

    11th Circ. Sends Paulson Investor Suit To Del. High Court

    The Eleventh Circuit on Tuesday asked the Delaware Supreme Court to weigh in on whether an investor lawsuit alleging the hedge fund Paulson & Co. overlooked red flags when it acquired a stake once worth $880 million in now-defunct Sino-Forest Corp. should be considered derivative under Delaware law.

  • June 30, 2015

    5th Circ. Gives BP Engineer New Trial Over Juror Misconduct

    A BP PLC engineer who was part of the company’s efforts to stop the Deepwater Horizon oil spill is entitled to a new trial because a juror overheard outside evidence in the case in a courtroom elevator, the Fifth Circuit ruled Tuesday.

  • June 30, 2015

    Enviros Press 9th Circ. To Block Uranium Mine During Appeal

    A trio of environmental groups on Monday urged the Ninth Circuit to halt further construction of an Arizona uranium mine during their appeal of a ruling that allowed the project to move forward, contesting the U.S. Forest Service’s claim that a new environmental analysis of the mine isn't required.

  • June 30, 2015

    Criminal Defense Veteran Joins Greenblatt Pierce In Philly

    The appellate practice at the Philadelphia-based Greenblatt Pierce Engle Funt & Flores LLC is set to grow with the addition of a veteran criminal defense attorney who is joining the firm after two decades with the Defender Association of Philadelphia.

  • June 30, 2015

    9th Circ. Rejects Tribal Immunity In Casino Detention Suit

    Tonto Apache tribal officers are not immune to claims that they illegally detained and seized the property of strategic gamblers at the tribe’s casino, the Ninth Circuit said Tuesday, saying tribal officials can be sued as individuals for civil rights violations under color of state law.

  • June 30, 2015

    DC Circ. Affirms Royalty Board Decision Favoring MPAA

    The Motion Picture Association of America held on to millions in broadcast royalties Tuesday when the D.C. Circuit upheld a 2013 Copyright Royalty Board ruling that favored the association over a cable television producers’ group.

  • June 30, 2015

    Real Estate Cases To Watch In 2015: Midyear Update

    From proposed class actions challenging energy pipeline rent deals with railroad companies to rumblings of disputes emerging from the market's construction boom, real estate experts have their eyes on several new founts of litigation in the second half of the year.

Expert Analysis

  • Citizen-Employee Speech After Lane V. Franks

    Kyle D. Winnick

    Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.

  • Why NJ May Win 3rd Circ. Sports Betting Case

    Daniel Wallach

    New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.

  • An 'Exceptional Case' One Year After Octane: Part 1

    Timothy P. Cremen

    Now that we have reached the one-year anniversary of the U.S. Supreme Court's decisions on fee-shifting in patent cases, it is worth looking back at the history of fee-shifting and how the Federal Circuit and various district courts have applied Octane and Highmark, say attorneys with Paul Hastings LLP.

  • Bad Reviews Could Shut Down Your Hotel Franchise

    Eugene J. Podesta

    The Second Circuit's decision to allow negative guest satisfaction surveys to be used as a basis for termination in HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, makes it easier for franchisers to terminate franchise agreements and still comply with the statutory and common law requirements for good cause or good faith and fair dealing, says Eugene Podesta at Baker Donelson LLP.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • 10 Things You Should Know About California Appellate Law

    Karen Bray

    California appellate courts independently review questions of law but will affirm factual findings supported by the record, disregarding conflicting evidence, and will largely defer to the trial court on discretionary rulings such as the admissibility of evidence, say David Axelrad and Karen Bray of Horvitz & Levy LLP.

  • The Commil Decision And What It Leaves Unanswered

    J. Karl Gross

    Throughout the Commil USA LLC v. Cisco Systems Inc. opinion, the U.S. Supreme Court treated knowledge and intent as binary concepts — the accused inducer either possessed knowledge and intent or it did not. Unfortunately, this understanding does not reflect the realism of litigation in the district courts, says J. Karl Gross of Leydig Voit & Mayer Ltd.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Grooming Lessons For Biotech From Abercrombie & Fitch

    Jennifer A. Kearns

    The recent U.S. Supreme Court decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. poses unique questions for many nonretail industries — especially biotech companies — which may require applicants to meet certain clinical or safety standards, says Jennifer Kearns at Duane Morris LLP.

  • A Lesson In Personal Liability For NY Insurance Brokers

    Sara Ward Mazzolla

    In Lido Beach Towers v. Denis A. Miller Agency Inc. the New York state appeals court affirmed a lower court’s order dismissing all claims of negligence, breach of contract and cross-claims against the individual insurance broker, demonstrating that under certain circumstances an argument based on agency principles may relieve a broker from personal liability for the alleged acts of his principal, says Sara Ward Mazzolla at Bressler... (continued)