Appellate

  • February 5, 2016

    7th Circ. Nixes Infomercial Star’s Prison Sentence Appeal

    The Seventh Circuit on Friday refused to overturn or reduce a 10-year prison sentence for TV infomercial pitchman Kevin Trudeau, saying the jury properly found him guilty of criminal contempt for flouting a prior court order by making spurious claims about his weight loss book on TV.

  • February 5, 2016

    Defendants Needn't Prove Innocence To Sue Attys: Iowa Court

    Criminal defendants who get a conviction set aside need not establish their innocence in order to sue their lawyers for legal malpractice, the Iowa Supreme Court said in a decision Friday.

  • February 5, 2016

    Biased Justice Nixed $10B Tobacco Judgment, High Court Told

    A class of smokers has urged the U.S. Supreme Court to review the rejection of a $10 billion trial court judgment against Philip Morris USA over the labeling of light and low-tar cigarettes, saying the Illinois Supreme Court justice who cast the deciding vote against them should have been recused.

  • February 5, 2016

    Bankers Take Challenge Of Info-Sharing Law To High Court

    Florida and Texas banking associations have asked the U.S. Supreme Court to revive their challenge of an Internal Revenue Service rule requiring disclosures of accounts held by foreigners, saying the D.C. Circuit's ruling that their suit was barred by the Anti-Injunction Act ran contrary to well-established precedent.

  • February 5, 2016

    Minority Biz Program Lacks Goals, Metrics, DC Circ. Hears

    An information technology government contractor continued Thursday to push the D.C. Circuit to find that a federal government program giving preference in contract awards to minority-owned small businesses is unconstitutional, saying the program cites no data and has unclear goals.

  • February 5, 2016

    Texas Justices Deny Rehearing In Oil Lease Money Dispute

    A family of mineral rights holders who contended Vantage Fort Worth Energy LLC stiffed them on bonus payments on an oil and gas lease was denied a rehearing in the case Friday by the Supreme Court of Texas, which in December had denied the group's petition for review.

  • February 5, 2016

    Ex-US Attys Call Old Tribal Convictions A Public Safety Tool

    Six former U.S. attorneys told the U.S. Supreme Court Thursday that allowing their offices to use all of a federal defendant’s tribal court domestic violence convictions to prosecute assault charges would significantly improve public safety on Native American reservations.

  • February 5, 2016

    Policyholder Can Assign Benefits Without Consent, Court Says

    A Florida appeals court ruled Friday that a homeowner can assign the benefits of her insurance policy with Gulfstream Property and Casualty Insurance Co. to an emergency water mitigation company without the insurer's consent, finding that the policy doesn't restrict the assignment of benefits after a loss has occurred.

  • February 5, 2016

    2nd Circ. Won't Revive IP Suit Over Goodrich Chopper Parts

    The Second Circuit declined Friday to revive a British aerospace company’s lawsuit against Goodrich Pump & Engine Control Systems Inc. for allegedly stealing trade secrets for technology to control U.S. Army helicopters, agreeing that ATEC took too long to make its claims.

  • February 5, 2016

    Amgen Urges No Exceptions To Biosimilar Notice At Fed. Circ.

    Amgen is urging the Federal Circuit to rule that biosimilar makers must always give 180-day advance notice of sales to brand-name rivals, arguing that nothing in the Affordable Care Act’s approval pathway allows for exceptions, according to a brief released Friday.

  • February 5, 2016

    DirecTV Customers Appeal Tax Surcharge Arbitration Order

    A proposed class of DirecTV customers said Thursday that they plan to appeal a Connecticut federal judge's decision forcing their $5 million pending class action over the company's allegedly deceptive tax surcharge into arbitration.

  • February 5, 2016

    Fed. Circ. Revives TriReme Catheter Patent Inventor Row

    The Federal Circuit on Friday revived TriReme Medical LLC’s bid to change the inventor on three heart catheter patents, saying the question of whether a contractor who worked with a rival had handed over his rights to the creation needed more evidence.

  • February 5, 2016

    3rd Circ. Says No Rehearing Or Fees In Thalidomide Suit

    The Third Circuit on Friday refused to reconsider its decision ending the last of Hagens Berman Sobol Shapiro LLP's suits against GlaxoSmithKline LLC on behalf of patients with thalidomide-related birth defects, but also rejected the pharmaceutical company's attempt to dump its attorneys' fees on the firm.

  • February 5, 2016

    DC Circ. Won't Decide TCPA Coverage Appeals

    The D.C. Circuit held Friday that it lacks jurisdiction to consider appeals in a dispute over whether Cincinnati Insurance Co. must defend and indemnify a plumbing company against claims that it violated the Telephone Consumer Protection Act by sending unsolicited faxes, as the lower court has yet to render a final decision on all the issues.

  • February 5, 2016

    Feds Say High Court Ruling Sinks Calif. Tribe's Land Claims

    The federal government asked the Ninth Circuit on Friday to reject a California tribe’s claim that the U.S. illegally terminated its land holdings more than 50 years ago, saying a recent Supreme Court decision set a high bar that the Mishewal Wappo Tribe’s belated claim didn’t clear.

  • February 5, 2016

    Uber Tells 9th Circ. Arbitration Orders Violate Free Speech

    Uber on Thursday pushed the Ninth Circuit to ax rulings in underlying California litigation with drivers halting the ride-hailing company’s presentation of contested arbitration agreements to prospective drivers, arguing the injunction is a violation of its First Amendment right to free speech.

  • February 5, 2016

    Full 11th Circ. To Rehear Fight Over Fla. 'Gun Gag' Law

    The Eleventh Circuit on Wednesday agreed to rehear en banc a free speech case challenging a Florida law forbidding doctors from entering information about gun ownership into medical records of most patients, brought by physicians who have thrice lost in the appeals court.

  • February 5, 2016

    Wall St. Group Urges DC Circ. To Toss Risk-Retention Rule

    A Wall Street industry group pushed a D.C. Circuit panel Friday to toss federal regulations requiring that investment firms retain an interest in debt securities they issue, arguing the rule would lock up capital and restrict access to credit.

  • February 5, 2016

    Ericsson Asks Fed. Circ. To Bury Intellectual Ventures Patent

    Ericsson Inc. has urged the Federal Circuit to uphold a U.S. Patent Trial and Appeal Board finding that an Intellectual Ventures wireless network security patent is invalid, arguing that the board relied on the proper legal standards in making its determination.

  • February 5, 2016

    Fed. Circ. Judge Says Alice Caused ‘Tremendous Uncertainty’

    A Federal Circuit judge on Friday acknowledged the Supreme Court's Alice rule has created "tremendous uncertainty" over what makes a patent an ineligible abstract idea during separate appeals involving Microsoft, Enfish and others, questioning the rule's vague exceptions for those claiming new solutions to old problems.

Expert Analysis

  • Putting Fee-Shifting Agreements Inside Arbitration Clauses

    Justin J. Wolosz

    The Massachusetts Supreme Judicial Court decision in Beacon Towers Condominium Trust v. Alex provides a lesson to practitioners in Massachusetts that when drafting contracts with arbitration clauses, any agreement to shift fees should be explicit and contained within the arbitration agreement itself, say Justin Wolosz and Jesse Siegel at Choate Hall & Stewart LLP.

  • New Insights For ERISA Standards On Benefit Determinations

    Roy W. Breitenbach

    In Josephson v. Oxford the New York State Supreme Court found that the health plan’s conflict of interest did, indeed, affect certain of the health plan’s benefit determinations. The ruling provides a useful analysis of the Employee Retirement Income Security Act standards involved in determining whether benefit determinations are arbitrary and capricious, say attorneys at Garfunkel Wild PC.

  • Why Banks Shouldn't Ignore Fraudulent-Transfer Red Flags

    Mark A. Salzberg

    The bankruptcy case of Sentinel Management should be required reading for all lenders since, in a matter before the Seventh Circuit, two banks’ failure to investigate their borrower’s questionable activity caused them to lose their security and have their secured loans reduced to unsecured claims, say Mark Salzberg and Jeff Cole of Squire Patton Boggs LLP.

  • 2nd Circ. Highlights Importance Of NY Borrowing Statute

    Kevin P. Broughel

    A Second Circuit decision in IKB Deutsche Industriebank v. McGraw Hill, affirming the dismissal of a complaint against Standard & Poor’s concerning credit ratings, serves as an important reminder that New York’s borrowing statute can be an effective weapon in defending against claims brought by out-of-state or foreign litigants, say Kevin Broughel and Anthony Antonelli of Paul Hastings LLP.

  • California Supreme Court In 2015: A Year In Transition

    Kirk C. Jenkins

    One year after the appointment of two new justices, the statistical evidence for any marked shift at the California Supreme Court is decidedly mixed, says Kirk Jenkins of Sedgwick LLP.

  • The High Court's Debate Over 'Fair Share' Union Fees

    Brian E. Hayes

    The issues in Friedrichs v. California Teachers Association mesh constitutional principles with matters of public policy and pure politics. While many factors are at play, a decision overturning the U.S. Supreme Court’s precedent would likely usher in a pattern of decline in union revenues and require a reliance on voluntary membership, says Ogletree Deakins shareholder and former National Labor Relations Board member Brian Hayes.

  • The Illinois Supreme Court In 2015: A Statistical Analysis

    Kirk C. Jenkins

    Last year, the Illinois Supreme Court's centrist justices were once again in the majority in most civil and criminal cases. Meanwhile, the court maintained its extraordinarily high rate of unanimity, while significantly decreasing the lag time between arguments and decisions, says Kirk Jenkins of Sedgwick LLP.

  • Mass. High Court Provides Guidance On Patent Malpractice

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    Maling v. Finnegan is not the first case to address subject matter conflicts in the patent context, but in Maling the Massachusetts Supreme Court seized an opportunity to address straight-on the issue of subject matter conflicts, among other things, by taking the case sua sponte on direct appeal and by inviting amicus briefing, say attorneys with Morgan Lewis & Bockius LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

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    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • Common Interest Protection In Commercial Transactions

    Stephen Ram

    The Second Circuit's decision in Schaeffler v. U.S., which involved Schaeffler Group withholding privileged debt restructuring documents from the IRS, falls in line with an emerging consensus of jurisdictions flexibly applying the common interest doctrine to commercial and corporate transactions, says Stephen Ram of Stradling Yocca Carlson & Rauth PC.