Appellate

  • May 27, 2016

    7th Circ. Allows Kmart FCA Suit Over Medicare Payments

    The Seventh Circuit on Friday declined Kmart’s bid to overturn a lower court decision and toss a False Claims Act suit alleging the retailer overcharged government contractors when submitting Medicare prescription reimbursement requests, saying the claims satisfy the FCA’s materiality requirements.

  • May 27, 2016

    Wellness Program Doesn't Violate ADA, 7th Circ. Told

    A Wisconsin plastics maker told the Seventh Circuit on Thursday that its policy of making employees take medical tests before enrolling in the company's health insurance plan does not violate the Americans with Disabilities Act, asking the court to uphold its win against the Equal Employment Opportunity Commission.

  • May 27, 2016

    Appeals Courts Still Lost In Insider Trading Muddle

    The First Circuit’s Thursday decision upholding a Massachusetts attorney’s conviction for trading on tips from a golf buddy widened a circuit split in the wake of the Second Circuit’s Newman decision and showed that courts are waiting for the U.S. Supreme Court to chip them back onto the fairway in insider trading law, experts said.

  • May 27, 2016

    Miami Asks Justices To Sit Out Banks' Housing Bias Appeal

    Miami has urged the U.S. Supreme Court not to review an Eleventh Circuit decision allowing the city to pursue claims against Bank of America and Wells Fargo over alleged housing discrimination, arguing that the banks don’t offer a sufficiently compelling reason for the justices to get involved.

  • May 27, 2016

    Freedom Watch Head Loses Defamation Suit In 11th Circ.

    The Eleventh Circuit on Friday refused to revive Freedom Watch founder Larry Klayman's $15 million defamation suit against several news outlets, ruling that he had not shown evidence of malice on the part of the reporters or bias against him from the trial court judge.

  • May 27, 2016

    5th Circ. Revives Enviros' $641M Exxon Pollution Suit

    Exxon Mobil Corp. will have to face a $641 million suit brought by environmentalists over emissions at its Baytown, Texas, refinery, the Fifth Circuit said Friday in an opinion that panned portions of the trial court’s ruling in Exxon's favor as “irreconcilably inconsistent.”

  • May 27, 2016

    5th Circ. Overturns Part Of Days Inn Investment Ruling

    The Fifth Circuit vacated part of a Texas district court ruling in a contract dispute between investors in a hotel venture and the venture’s founder Friday, agreeing with the lower court that the individual investors had been released from making payments on a note but saying the company they created had not been.

  • May 27, 2016

    Copter Parts Case Should Stay Grounded, High Court Told

    Woodward Inc. is urging the U.S. Supreme Court not to take on two whistleblowers' appeal of a Seventh Circuit decision nixing their False Claims Act suit, which alleged the company sold unsafe helicopter parts to the military.

  • May 27, 2016

    Metal Co. Wants Frivolous Appeal Damages In Air Permit Suit

    Mississippi Silicon LLC urged the Fifth Circuit on Thursday to slap a rival metal company with damages for bringing what it called a frivolous appeal, saying the competitor’s citizen suit under the Clean Air Act was really about waging “economic warfare.”

  • May 27, 2016

    7th Circ. Tees Up Class Waiver Battle For Supreme Court

    The Seventh Circuit ruled Thursday that arbitration agreements containing class waivers are illegal, adopting the position of the National Labor Relations Board and creating a split with the Fifth Circuit that leaves the issue on the U.S. Supreme Court's doorstep. Here, Law360 takes a look at the winding legal road the hot-button issue has taken to land it a stone's throw away from the high court.

  • May 27, 2016

    Exxon, Others Beat Time-Barred MTBE Claims At Vt. Top Court

    The Supreme Court of Vermont on Friday refused to revive claims brought by the state’s attorney general against Exxon Mobil Corp. and a host of other gasoline companies over methyl tertiary-butyl ether groundwater contamination in the state, finding them time-barred.

  • May 27, 2016

    Church Urges 5th Circ. To Revive Copper Theft Coverage Bid

    A Louisiana church that was denied coverage by United National Insurance Co. after the theft of parts from its industrial air conditioners told the Fifth Circuit on Thursday that, although United claimed the parts were made of copper, it hadn't provided solid evidence.

  • May 27, 2016

    Ex-CEO Mounts Last Charge Over Skadden Bankruptcy Fees

    A former CEO of a defunct manufacturer of disposable food-service products is taking one last shot at stopping a multimillion-dollar bankruptcy fee awarded to Skadden Arps Slate Meagher & Flom LLP, urging the U.S. Supreme Court to hear an appeal he says raises issues over when conflicts of interest should bar law firms from representing debtors.

  • May 27, 2016

    Fed. Circ. Again Snubs Inventor Who Filed Too-Long Brief

    An inventor whose too-long brief cost her an appeal in a patent suit against JPMorgan Chase & Co. struck out again at the Federal Circuit when the court ruled Friday she had jumped the gun in taking a reexamination appeal there instead of the Patent Trial and Appeal Board.

  • May 27, 2016

    Mich. Court Says Big Box Store Can’t Dodge City Tax Finding

    The Michigan Court of Appeals on Thursday handed a victory to the city of Escanaba by overturning a state tax tribunal’s decision to let hardware store chain Menards escape an $8 million property tax assessment on a large store location, after finding the tribunal erred in its analysis.

  • May 27, 2016

    Justices Divided: 3 Cases That May Tie Up The High Court

    With rulings still pending on contentious issues from abortion to immigration, the last few weeks of the Supreme Court’s term promise to pack a punch, as the divided bench works to resolve its toughest cases with only eight justices. Here are three cases to watch as the Supreme Court closes the book on this term.

  • May 27, 2016

    Atty Banned From SoulCycle Loses Retaliation Appeal

    A New York employment attorney can’t take action against fitness chain SoulCycle for banning him from its classes after he represented a former instructor in a lost-wages suit, a New York state appeals court said Thursday.

  • May 27, 2016

    Texas High Court Orders Review Of Docs In Malpractice Suit

    A Texas trial court inappropriately ordered a hospital to turn over documents regarding a doctor facing a malpractice suit without first determining if they should be kept private, the state’s high court said Friday, ordering the lower court to review the information before making a final determination on disclosure.

  • May 27, 2016

    Abusive Priest's 'Grooming Payments' Can't Save Victim Suit

    A California appeals court Thursday said cash, meal and travel payments a former monsignor for the Roman Catholic Archbishop of Los Angeles provided to his abuse victims in the 1970s and 1980s don’t qualify as compensation pausing the allowable time period for the victims to sue.

  • May 27, 2016

    Insurers Must Cover Pesticide Co.'s TM Deal, 9th Circ. Told

    A pesticide company urged the Ninth Circuit Thursday to reverse an Oregon federal court's decision that Crum & Forster and two other insurers don't have to cover its settlement of litigation accusing it of misusing a business partner's trademark, asserting that the underlying suit claims an advertising injury falling within the insurers' policies.

Expert Analysis

  • US Is Correct In Blocking WTO Appellate Body Appointment

    Terence P. Stewart

    The basis for blocking consensus on the reappointment of a World Trade Organization Appellate Body member articulated by the U.S. supports a continuing, strong Appellate Body, but one that acts within the clear limits of its authority, says Terence Stewart at the Law Offices of Stewart and Stewart.

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • How Best Buy Is Directly At Odds With Halliburton II

    John F. Harnes

    The Eighth Circuit's decision in Best Buy represents a pernicious legal analysis that distorts, if not contravenes, the consistent and precise guidelines carefully crafted by the U.S. Supreme Court, beginning with Basic and ending, at least for now, with Halliburton II, says John Harnes of Chitwood Harley Harnes LLP.

  • 4 Employer Lessons From Perez V. Lear Corp.

    Punam Kaji

    The ongoing litigation between the secretary of labor and Lear Corp. has created an interesting playbook for employers dealing with occupational safety and health whistleblower claims, say Punam Kaji, Matthew Deffebach and Abby Kotun at Haynes and Boone LLP.

  • Rating Trump’s High Court Nominees In Employment Cases

    Michael H. LeRoy

    Donald Trump has betrayed his lack of commitment to, and understanding of, the judiciary with his potential U.S. Supreme Court nominees. It’s easy to see why conservatives would support Trump's picks, but it appears they have little or nothing in common with their political patron, a bombastic loudmouth who defies ideological classification, says Michael LeRoy, a professor of law at the University of Illinois at Urbana-Champaign.

  • Professional Negligence Under MICRA: A Goldilocks Dilemma

    David W. Moreshead

    Courts have differed in determining whether certain negligence claims against health care providers sound in professional or ordinary negligence, and accordingly, which statute of limitations to apply. Hopefully, the California Supreme Court's decision in Flores v. Presbyterian International Community Hospital has established a test for professional negligence that fits “just right,” says David Moreshead at Horvitz & Levy LLP.

  • Ill. Appeals Court Ruling Could Mute TCPA Class Actions

    Bruce M. Lichtcsien

    In First Mercury Insurance v. Nationwide Security Services, an Illinois state appeals court called for a change in how attorneys' fees are calculated for Telephone Consumer Protection Act class actions, which could signal the death knell for profitable TCPA litigation in Illinois, says Bruce Lichtcsien at Hinkhouse Williams Walsh LLP.

  • Yellowstone Injunctions Aren't Always Routine

    Michael E. Feinstein

    A recent decision by a New York state appeals court, IP International Products v. 275 Canal Street Associates, provides a potent reminder that timely Yellowstone injunctions will not necessarily be granted where lease violations are both serious and clear, says Michael Feinstein at Rosenberg & Estis PC.

  • Who Won In High Court's Luis Decision?

    James J. Bell

    Obviously, the Sixth Amendment’s right to counsel was a big winner after the U.S. Supreme Court's decision in Luis v. United States. But practically speaking, there may be no winners, says James Bell of Paganelli Law Group LLC.

  • Commil V. Cisco — 1 Year Later

    Elizabeth Banzhoff

    On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil v. Cisco, effectively killing the practice of obtaining invalidity opinion letters in the context of induced infringement claims. Over the last year, federal courts and litigants have done little to challenge the ruling or test its boundaries, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.