Appellate

  • January 23, 2015

    Ala. Federal Judge Strikes Down Same-Sex Marriage Ban

    An Alabama federal judge on Friday struck down the state’s bans on same-sex marriage a week after the U.S. Supreme Court agreed to decide whether such bans were unconstitutional, making Alabama the 37th state to allow same-sex marriage.

  • January 23, 2015

    Visteon's Bid For $8M Pollution Coverage Axed By 7th Circ.

    The Seventh Circuit refused on Friday to order National Union Fire Insurance Co. of Pittsburgh to cover auto parts supplier Visteon Corp. for $8 million in cleanup and litigation costs over pollution from an Indiana plant, saying a key carveout from the pollution exclusion does not apply.

  • January 23, 2015

    11th Circ. Upholds Release For FFS Owner In Ch. 11 Plan

    The Eleventh Circuit on Friday upheld a lower court’s decision that IberiaBank Corp.’s claim against the owner of foreclosure listing company FFS Data Inc. over a $10.6 million loan was released by its Chapter 11 plan, ruling the bankruptcy court correctly denied the bank’s bid to negate the release.

  • January 23, 2015

    2nd Pa. Atty Disbarred Over Role In Annuities Scheme

    The Pennsylvania Supreme Court on Friday disbarred a second attorney involved in a scheme to aggressively market living trusts to senior citizens using nonattorneys, who allegedly sold the legal services based on exaggerations and misrepresentations.

  • January 23, 2015

    Nexium Ruling Offers Road Map For Pay-For-Delay Classes

    The First Circuit's decision to uphold class certification in the Nexium pay-for-delay litigation despite the presence of some uninjured members in the group may be a hollow victory for the heartburn-drug purchasers after their recent loss at trial, but the ruling offers a boost for other plaintiffs as a bevy of antitrust class actions over pharmaceutical patent settlements forge ahead.

  • January 23, 2015

    Ex-Schlumberger Atty Backs Anti-SLAPP Law's Use In IP Suit

    A former Schlumberger Ltd. chief intellectual property lawyer told a Texas appeals court that the state's anti-strategic lawsuit against public participation statute was properly used to dismiss the majority of a lawsuit alleging she masterminded a rival company’s patent infringement suit.

  • January 23, 2015

    Prosecutor PowerPoint Voids Murder Conviction, Court Says

    The Washington Supreme Court on Thursday overturned a murder conviction in a deadly armored car robbery after finding that a PowerPoint presentation used in the prosecution's closing argument that repeatedly declared the defendant “guilty of premeditated murder” was inflammatory and prejudicial.

  • January 23, 2015

    Ethanol Industry Urges DC Circ. To Review EPA's Gas Rule

    Representatives for the ethanol industry urged a DC Circuit judge to review a new fuel emissions rule, saying the U.S. Environmental Protection Agency has flip-flopped on its interpretation of a provision in the rule which runs counter to the spirit of the agency’s original rule change.

  • January 23, 2015

    KeyBank Loan Tampering Intent Is Key To Coverage: NY Court

    A New York appeals court said Thursday that it wasn’t clear whether KeyBank NA could seek coverage under a fidelity bond issued by National Union Fire Insurance Co. of Pittsburgh, Pa., for losses after a KeyBank employee mishandled a $20 million loan to a developer, because questions remained as to the employee’s intent.

  • January 23, 2015

    High Court Takes Up FSIA Case Over Austrian Train Injury

    The U.S. Supreme Court agreed Friday to hear an appeal from Austria's national railway seeking protection from an American woman's personal injury suit under the Foreign Sovereign Immunities Act, a move that ignored advice from the U.S. solicitor general to deny certiorari.

  • January 23, 2015

    10th Circ. Affirms Deportation For Man Cleared In Drug Case

    The Tenth Circuit on Friday affirmed a decision to deport a man acquitted of drug trafficking, finding that the Board of Immigration Appeals was correct to deny his bid to change his status to permanent residency because of a “reasonable belief” he was involved in the crime.

  • January 23, 2015

    4th Circ. Finds State Arson Counts As Felony In INA Row

    The Fourth Circuit on Thursday held that a state arson conviction qualifies as an aggravated felony under the Immigration and Nationality Act, thereby rejecting a petition from an El Salvador woman who is seeking to avoid deportation.

  • January 23, 2015

    Industry Lacks Standing In CO2 Waste Suit, DC Circ. Told

    The U.S. Environmental Protection Agency on Thursday told the D.C. Circuit its rule properly interprets carbon dioxide emissions transported in pipelines and stored in geological formations as “solid waste" and that industry groups challenging the rule don’t have standing.

  • January 23, 2015

    Economists, Docs Back Actavis In Namenda Injunction Row

    A slew of economists, physicians and drug industry groups have urged the Second Circuit to overturn the New York attorney general's injunction requiring Actavis PLC to continue selling a version of dementia drug Namenda, with several amici saying the injunction will stifle innovation. 

  • January 23, 2015

    7th Circ. Urged To Revive Neiman Marcus Data Breach Suit

    Several Neiman Marcus Group LLC customers on Friday pressed the Seventh Circuit to resurrect their proposed class action alleging the luxury department store chain’s lax data security led to a 2013 hack that compromised the credit card numbers of 350,000 shoppers, finding a receptive audience to their cause on the appeals panel.

  • January 23, 2015

    9th Circ. Flips Kimberly-Clark Unit's Pain Pump Win

    The Ninth Circuit on Friday revived a suit claiming a Kimberly-Clark Corp. unit's pain pump injured an Oregon woman, ordering a new trial and saying the district court improperly declined to give requested jury instructions it believed were preempted by federal law.

  • January 23, 2015

    Class Action Removal Appeal Advances After Justices' Ruling

    The Tenth Circuit on Thursday said an energy company could appeal a lower court ruling that refused to transfer a multimillion-dollar royalty dispute from state to federal court, after the U.S. Supreme Court ruled last month that the appeals court abused its discretion in declining to hear the case.

  • January 23, 2015

    McMillin's Construction Defect Coverage Suit Revived

    A California appeals court on Thursday revived McMillin Companies LLC's suit against American Safety Indemnity Co. over coverage for construction defect litigation by reversing a lower court ruling that left McMillin without evidence of damages, while finding that ASIC should be allowed to present evidence disputing its alleged duty to defend.

  • January 23, 2015

    Commil Urges High Court To Nix 'Good Faith' Patent Defense

    Commil USA LLC has filed its opening brief at the Supreme Court in its case against Cisco Systems Inc. over whether a "good faith belief" that a patent is invalid can serve as a defense to induced infringement, saying the defense conflicts with the high court’s precedent.

  • January 23, 2015

    10th Circ. Ruling Could Deny 'Fresh Start' To Tax Debtors

    A recent Tenth Circuit ruling that tax debts on returns filed even one day after the deadline are ineligible for bankruptcy discharge could make it nearly impossible for late filers to wipe out delinquent taxes in bankruptcy, experts say.

Expert Analysis

  • Once More Unto The Breach — Rehearing In Newman?

    Eugene Ingoglia

    On Friday, the U.S. Attorney’s Office for the Southern District of New York decided to seek appellate review of several aspects of the recent insider-trading decision in U.S. v. Newman and Chiasson. En banc rehearing petitions are rarely granted in any circuit, and are particularly rare in the Second Circuit, which hears the fewest number of rehearings of any circuit in the country, say Eugene Ingoglia and Gregory Morvillo of Morvillo LLP.

  • More Coverage Issues May Go To Appraisal Panels In Minn.

    Scott G. Johnson

    After the Minnesota Supreme Court's recent ruling in Cedar Bluff Townhouse Condominium Association v. American Family Mutual Insurance Co., to avoid having an appraisal panel decide issues of coverage, which are still subject to later judicial review, parties need to resolve coverage issues before submitting disputes to appraisal, says Scott Johnson of Robins Kaplan Miller & Ciresi LLP.

  • Generic Drug Cos. Face Failure-To-Warn Claims In Calif.

    Erin M. Bosman

    The U.S. Supreme Court's recent denial to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers in Teva Pharms. USA Inc. v. Super. Ct. provides California plaintiffs claiming injury from generic drugs with a trifecta of liability theories, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Calif. Land Grant Case May Change Railroad Rights Of Way

    Michael F. Kerr

    A California appellate court's recent ruling in Union Pacific Railroad Co. v. Santa Fe Pacific Pipelines Inc. is likely to significantly affect the relationships between railroads and their subsurface tenants on rights of way that were originally granted by the government, particularly in the western part of the country, say Neil Soltman and Michael Kerr of Mayer Brown LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Gelboim Does Little To Limit MDL Court Appeals Discretion

    Adam T. Schramek

    While the U.S. Supreme Court’s Gelboim v. Bank of America ruling is an important one in multidistrict litigation jurisprudence, it ultimately does little to impinge on the wide discretion MDL courts have in deciding what gets appealed and when. District courts continue to possess the tools needed to avoid final judgments during pretrial MDL proceedings, say Adam Schramek and Eric Hoffman of Norton Rose Fulbright US LLP.

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • How High Court Teva Ruling Will Affect Patent Litigants

    Stacey L. Cohen

    The U.S. Supreme Court's decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. to provide deference to the “evidentiary underpinnings” of district courts’ claim construction rulings makes clear that factual determinations in patent cases should not be treated differently than those in other areas of the law, say Stacey Cohen and Devin Kothari of Skadden Arps Slate Meagher & Flom LLP.

  • 8th Circ. Continues Trend Of Rigorous Rule 23 Analysis

    David Carpenter

    The Eighth Circuit’s recent opinion in Powers v. Credit Management Services Inc. is consistent with a recent trend of requiring a more thorough Rule 23 analysis from trial courts and plaintiffs in class actions — a trend that started with the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes ruling, say David Carpenter and Amanda Waide of Alston & Bird LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.