Appellate

  • July 22, 2016

    Online Lien Co. Settles 'Unauthorized Practice Of Law' Suits

    Online mechanic’s lien payment service Zlien has settled a lawsuit over the firm’s alleged unauthorized practice of law and a related suit accusing the Ohio State Bar of restraining competition, according to a filing with the state Supreme Court.

  • July 22, 2016

    9th Circ. OKs Morgan Stanley’s Firing Of Elected Official

    Morgan Stanley did not err in terminating a financial adviser after his election as supervisor of a California county, the Ninth Circuit ruled Thursday, finding he was fired for a "legitimate, apolitical reason."

  • July 22, 2016

    Church-Linked Hospital Takes ERISA Rules To High Court

    A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.

  • July 22, 2016

    Trinity Pushes 5th Circ. To Reverse $663M FCA Judgment

    Trinity Industries on Thursday pushed the Fifth Circuit on Thursday to upend a $663 million False Claims Act judgment over allegedly defective guardrails, saying that newly discovered evidence of crash test results necessitates a new trial.

  • July 22, 2016

    Judge Suspended For Leveraging Position In Harassment Case

    Maine’s highest court issued a 30-day suspension, a public reprimand and censure of a local probate judge Thursday over written statements he made to an attorney in a harassment matter against his ex-girlfriend, finding the comments were an attempt to leverage his judicial position.

  • July 22, 2016

    7th Circ. Overrides Late Lawyer's Payroll Tax Abatement

    A deceased and unrepresented lawyer ending up losing a small victory to abate interest on unpaid payroll taxes in the Seventh Circuit when it ruled that the U.S. Tax Court’s definition of “excessive” was vague and inconsistent with regulatory interpretation.

  • July 22, 2016

    Why Gibson Dunn Lost A Big Case To An Old Conflict

    Gibson Dunn apparently missed a relationship with a Second Circuit judge when it agreed to represent private equity magnate Lynn Tilton, a slip experts said was likely an honest mistake but shows the difficulties of recognizing conflicts decades after a former partner has moved on but retains firm ties.

  • July 22, 2016

    Advocate Asks Justices To Affirm ERISA Religious Exemption

    Advocate Health Care Network has asked the U.S. Supreme Court to declare that pension plans maintained by church-affiliated organizations should be exempt from the Employee Retirement Income Security Act, which would block a putative class of employees from challenging a noncompliant benefits plan.

  • July 22, 2016

    Vegas Strip Club Can Use 'Crazy Horse' TM, 9th Circ. Says

    The Ninth Circuit on Friday affirmed a lower court ruling that found Russell Road Food and Beverage LLC, owners of Las Vegas strip club Crazy Horse III, have the right to use the “Crazy Horse” trademark owned by a Cleveland company because it had a separate agreement with the mark’s former owner.

  • July 22, 2016

    Redskins Say Trademark Challenge Merits 4th Circ. Skip

    The Washington Redskins football team recently urged the U.S. Supreme Court to take up its appeal of a U.S. Patent and Trademark Office decision canceling its registration despite a pending Fourth Circuit challenge of the same decision, saying the issues in its case complement those in another up for high court review.

  • July 22, 2016

    IP Group, ABA Clash On Laches Patent Defense

    The American Bar Association gave a thumbs-up and the Intellectual Property Owners Association a thumbs-down on whether laches can and should continue as an allowed defense in patent cases as both weighed in on a U.S. Supreme Court case between two hygiene companies Friday. 

  • July 22, 2016

    9th Circ. Knocks BIA For Relying On Dismissed Indictment

    The Ninth Circuit on Thursday ruled that the Board of Immigration Appeals was wrong to find that an indictment alone was a reason to think a man from Lebanon had taken part money laundering, teeing up the case for further review back at the board.

  • July 22, 2016

    Immigrant Kids Ask Mediation In Row Over Attys At Hearings

    Lawyers for immigrant children challenging the federal government's position that the youngsters are not entitled to counsel at immigration tribunals asked the Ninth Circuit on Thursday to explore out of court settlements in the class action.

  • July 22, 2016

    Alaska Parental Consent Abortion Law Found Unconstitutional

    The Alaska Supreme Court on Friday ruled that a law requiring minors to get parental consent before receiving an abortion is unconstitutional as it treats pregnant minors who are carrying a child to term differently than those who aren’t.

  • July 22, 2016

    5th Circ. Nixes Atty's Appeal Of $1.77M Fraud Judgment

    The Fifth Circuit on Friday made quick work of an appeal by a Texas attorney — in about six weeks and 16 words — who sought to reverse a federal court ruling that he pay $1.77 million for defrauding investors in a fracking-water filtration venture and other securities law violations.

  • July 22, 2016

    Roche Wins Appeal Of $18M Verdict In Accutane Suit

    A New Jersey appeals court on Friday threw out and sent back for trial an $18 million win for two users of Hoffmann-La Roche Inc.'s Accutane who said they developed inflammatory bowel disorders after using the acne drug, finding the trial court improperly allowed suggestive evidence about a label revision.

  • July 22, 2016

    Fed. Circ. Revives Unwired Planet’s Apple Patent Suit

    The Federal Circuit on Friday gave new life to Unwired Planet LLC’s patent suit against Apple Inc. over wireless and voice recognition patents, finding that a district judge wrongly granted Apple summary judgment of non-infringement on three of the four patents at issue.

  • July 22, 2016

    Steel Pipe Makers Tell Fed Circ. To Revive Commerce Suit

    United States Steel Corp. and a U.S. steel pipe maker asked the Federal Circuit Thursday to reverse a Court of International Trade ruling backing a Commerce Department decision to drop Saudi Arabia from a steel tubing dumping investigation.

  • July 22, 2016

    High Court Stays Merck Birth Control Patent Ruling

    Merck & Co. won a freeze of the Federal Circuit’s finding that the company’s patent claim against an Allergan PLC unit related to birth control drugs Safyral and Beyaz is invalid while Merck pulls together a petition for the case to be heard by the U.S. Supreme Court, according to a high court order Thursday.

  • July 22, 2016

    9th Circ. Grants Cert. To Transport Co. Drivers In Break Spat

    The Ninth Circuit ruled Thursday that a California federal court wrongfully denied certification to two classes of Renzenberger Inc. drivers accusing the transport company of rest break and minimum wage violations, saying the judge jumped the gun on deciding certain issues against the drivers.

Expert Analysis

  • Atty Patent Validity And Infringement Opinions Back In Vogue

    Jeffrey G. Sheldon

    In patent matters regarding validity and infringement, it has been the general consensus among patent attorneys that a formal written attorney opinion usually was unnecessary. In view of two recent U.S. Supreme Court decisions, this is no longer the situation, say Jeffrey Sheldon and Ivan Posey of Leech Tishman Fuscaldo & Lampl LLC.

  • Microsoft Search Warrant Case Is A Win For Privacy

    Bradley S. Shear

    The Second Circuit's recent ruling that the U.S. Department of Justice may not utilize a U.S. search warrant to access customer data stored overseas is a victory for not only personal privacy rights but also for the theory that people’s rights in the physical world should be extended to the digital world, says attorney Bradley Shear.

  • Curing Substantive Ambiguities In Debt Documentation

    Abbe Dienstag

    Recent New York state court decisions in GSO Coastline v. Global A&T Electronics present a cornucopia of issues arising under standard indenture clauses. First, beware of seemingly technical amendments to indentures that have substantive consequences, says Abbe Dienstag of Kramer Levin Naftalis & Frankel LLP.

  • 3 Concrete Approaches To Defeat Abstractness

     A.J. Tibbetts

    While the claims in all Section 101 Federal Circuit decisions last year were found to be patent-ineligible, an analysis of the 2014 DDR Holdings ruling and three recent decisions reveals three ways to overcome or forestall a Section 101 challenge, say A.J. Tibbetts and Justin Colannino of Wolf Greenfield & Sacks PC and Gary Cohen of Xerox Corp.

  • When A Shareholder Oppression Remedy Is No More

    Michael Moehlman

    Since a 2014 Texas Supreme Court decision ending the minority shareholder oppression doctrine in the state, little has occurred to affect its outcome. Long-term strategic planning has therefore become increasingly important for Texas closely held corporations, says Michael Moehlman of Strasburger & Price LLP.

  • NY High Court's Ambac Decision Causes Litigation Confusion

    Savvas A. Foukas

    The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.

  • Finding Consistency Among Claim Construction Standards

    Miyoung Shin

    In light of all the attention given to the U.S. Supreme Court's Cuozzo decision, let's take a closer look at how the broadest reasonable interpretation standard and the ordinary meaning standard have been applied historically, and decide what impact operating under the two standards may have in practice, say Miyoung Shin and Peter Lee of Brinks Gilson & Lione.

  • REBUTTAL: NY Joins Everyone Else On Insurance Allocation

    John P. Winsbro

    Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.

  • Fed. Circ. Clarifies Doctrine Of Equivalents In ANDA Litigation

    Andrea L.C. Reid

    In its recent holding in Intendis v. Glenmark, the Federal Circuit provided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations. The decision significantly alters the generic formulations playing field, say Andrea Reid, Nicholas Prairie and Joseph Arico of Dechert LLP.

  • Materiality Matters: The First Post-Escobar Decisions

    John Ruskusky

    As recent opinions in the Eastern District of Washington and the Northern District of Alabama show, the U.S. Supreme Court's Escobar decision yields fertile ground for defenses based on the materiality requirement of the False Claims Act, including at the pleading stage, say John Ruskusky and Emily Harlan of Nixon Peabody LLP.