Appellate

  • May 2, 2016

    NFL Opposes Extra Time For Deflategate Rehearing Petition

    The NFL on Monday urged the Second Circuit not to give New England Patriots quarterback Tom Brady and the players union more time to push for a rehearing of the Deflategate appeal after Brady and the union brought on famed appellate advocate Ted Olson, arguing that an extension is contrary to the case’s expedited timeline.

  • May 2, 2016

    Court Affirms Injury Suit's Dismissal Over Misbehaving Atty

    A California appeals court on Monday said a trial judge properly dismissed a personal injury suit brought by a stable worker against hale bay suppliers over injuries sustained in a fall, saying the woman’s attorney “repeatedly disregarded” the court’s orders and warranted the sanction.

  • May 2, 2016

    Lamictal Buyers Ask High Court Not To Take Antitrust Case

    Buyers of the anticonvulsant drug Lamictal urged the U.S. Supreme Court on Monday to turn away GlaxoSmithKline and Teva’s appeal in a pay-for-delay case, arguing lower courts rightly held that an agreement between the companies over generic versions of the drug may have been anticompetitive even if it didn't involve cash.

  • May 2, 2016

    Poll: Ohioans Want Garland Hearing

    A substantial majority of Ohio voters believe the Senate should hold hearings for U.S. Supreme Court nominee Merrick B. Garland, according to a new poll released Monday, possible signs of trouble for Sen. Rob Portman, an Ohio Republican up for reelection this fall who has supported his party’s block of Garland.

  • May 2, 2016

    9th Circ. Told Apple Must Face Claim It Intercepted Texts

    A lower court was wrong to toss a proposed class action alleging Apple Inc. intercepted and stored text messages, iPhone consumers told the Ninth Circuit on Friday, arguing that Apple intercepted the messages while they were being transmitted and it is possible to determine consumers who were affected.

  • May 2, 2016

    Nixed Penn State Appeals Stoke Critics Of Kane's Role As AG

    Pennsylvania Attorney General Kathleen Kane's decision to drop appeals in the prosecution of former Pennsylvania State University administrators who allegedly aided a cover-up of sex abuse by assistant football coach Jerry Sandusky has reignited rekindled skepticism over whether she can handle her duties with a suspended law license while fighting criminal charges.

  • May 2, 2016

    High Court Won't Hear Native Prisoner Hair Length Dispute

    The U.S. Supreme Court on Monday rejected a bid by several Native American inmates to review a decision by the Eleventh Circuit that the state of Alabama’s restrictions on prisoner hair length didn’t violate federal law by infringing on their religious beliefs.

  • May 2, 2016

    Endo Fights In Fed. Circ. To Keep Opana Painkiller Patents

    Endo Pharmaceuticals Inc. slammed a generic drugmaker's bid to invalidate portions of Endo's patents for the painkiller Opana ER in the Federal Circuit Monday, saying the Patent Trial and Appeal Board had properly concluded prior art didn't make the drug patent claims obvious.

  • May 2, 2016

    Developer Lacks Standing To Fight Legal Fees In Paxton Case

    A Texas appellate court on Friday nixed the latest attempt to cap legal fees for special prosecutors who are pursuing felony securities fraud charges against Texas Attorney General Ken Paxton, finding that the man who brought the suit had no standing to do so because he was not a party to it.

  • May 2, 2016

    3rd Circ. Backs NJ Doctor's Kickbacks Conviction

    The Third Circuit shot down an appeal Monday brought by a New Jersey internal medicine doctor challenging her conviction and sentence for accepting cash kickbacks in exchange for diagnostic testing referrals, holding that the lower court did not err.

  • May 2, 2016

    High Court Patent Laches Case May Lead To Bigger Damages

    After agreeing Monday to consider whether laches should remain a defense in patent lawsuits, the U.S. Supreme Court has a chance to strengthen the hand of patent owners by clearing the way for bigger damages awards in some cases, attorneys say.

  • May 2, 2016

    Mass. High Court To Gauge Reach Of Wynne In Bank Tax Case

    The Massachusetts Supreme Judicial Court is set to hear oral arguments Tuesday over a financial institution’s excise tax bill in a case that will test the reach of a recent decision by the U.S. Supreme Court that invalidated Maryland’s tax system for potential double taxation.

  • May 2, 2016

    Texas Pol's Law License Suspended During Criminal Appeal

    The Texas Board of Disciplinary Appeals decided Monday that a state politician running for re-election will have to surrender his law license while he appeals a criminal conviction that he illegally solicited clients through kickbacks.

  • May 2, 2016

    Fed. Circ. Says Gov’t Unfairly Left Carbon Duties In Place

    The Federal Circuit rebuked the U.S. Department of Commerce on Monday for using old financial data to impose anti-dumping duties on a Chinese activated carbon maker despite having blocked it from presenting new data, calling the agency’s methods unreasonable and partly reversing a decision by the U.S. Court of International Trade.

  • May 2, 2016

    ACLU, Nonprofits Back Immigrant In 9th Circ. SSN Fight

    Nearly a dozen nonprofits have urged the Ninth Circuit to uphold a lower court’s determination that a California agency's question about using an invalid Social Security number negatively affected a Mexican native and violated Title VII of the Civil Rights Act.

  • May 2, 2016

    NY Court Finds Arcovis In Contempt In Trade Secrets Row

    A New York state judge held technology company Arcovis LLC in contempt for failing to adequately respond to a subpoena to appear before the court and produce certain documents in connection with a trade secrets suit it filed against a former employee and Discover Technologies LLC.

  • May 2, 2016

    Puerto Rico Asks 1st Circ. To Revive Alternative Biz Tax

    Puerto Rico told the First Circuit on Friday that a district court made several errors when barring the commonwealth from collecting an alternative corporate income tax from a Wal-Mart subsidiary, including by accepting jurisdiction for the suit.

  • May 2, 2016

    Attorneys React To High Court's Hobbs Act Extortion Ruling

    A divided U.S. Supreme Court on Monday ruled that a Baltimore police officer was properly convicted of Hobbs Act extortion and conspiracy to commit extortion, upholding a key prosecutorial anti-corruption tool. Here, attorneys tell Law360 why the decision in Ocasio v. U.S. is significant.

  • May 2, 2016

    DOD Urges Fed. Circ. To Uphold Toss Of F-35 Patent Suit

    The Department of Defense and Elbit Systems have pressed the Federal Circuit not to revive a patent infringement lawsuit over helmet-mounted tracking technology used by F-35 fighter pilots, saying a lower court correctly found the patent ineligible for claiming concepts derived from the laws of physics.

  • May 2, 2016

    High Court Won't Hear Fla. Apartment's Takings Suit

    The U.S. Supreme Court declined Monday to revive a Florida apartment complex’s class action challenge to a state law that allowed the government to keep most of the interest on funds the county court held during eminent domain proceedings.

Expert Analysis

  • Fed. Circ. Clarifies Venue Selection In Patent Cases

    Jayme Partridge

    The likely impact of the Federal Circuit's decision last week in TC Heartland is that the Eastern District of Texas and the Northern District of California will continue to be popular venues for patent cases and that patent case filings in those districts will increase for 2016, say attorneys with Patterson & Sheridan LLP.

  • No Recovery In Calif. For Views Blocked By Public Projects

    Bradford B. Kuhn

    The recent California appeals court case Boxer v. City of Beverly Hills involved the narrow issue of liability for view impairment due to an agency planting trees on government-owned property, but it potentially has a much broader impact and serves as a strong lesson for agencies planning public projects, say Bradford Kuhn and Rick Rayl at Nossaman LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.

  • Parsing 'True Relief' In Florida's 4th District

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    In light of MYD Marine Distributor Inc. v. International Paint Ltd., a party with a case pending in a trial court in Florida's Fourth District Court of Appeal can no longer shield itself from exposure to attorneys’ fees by including a cause of action for nonmonetary damages when the “true relief” sought in litigation is monetary, says Cristina Cambo of Rumberger Kirk & Caldwell PA.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.

  • Why High Court Should Preserve USPTO Autonomy In Cuozzo

    Shubha Ghosh

    Cuozzo is asking the U.S. Supreme Court to overturn the U.S. Patent and Trademark Office’s broadest reasonable interpretation standard, which would mean the USPTO would have to engage in the extensive method of claim construction we see in the courts. There are many reasons to be skeptical of Cuozzo’s arguments, says Shubha Ghosh, director of Syracuse University College of Law's technology commercialization law program.