Appellate

  • August 31, 2015

    Amicus Briefs Flood 2nd Circ. In Vermont GMO-Labeling Row

    Public interest groups filed a flurry of amicus briefs Monday in the Grocery Manufacturers Association's Second Circuit appeal of a Vermont judge's refusal to halt the state's controversial genetically modified food-labeling law, saying Americans have a right to know whether their food has been genetically engineered.

  • August 31, 2015

    SEC Abusing Power, Aspiring Dark Pool Market Tells 8th Circ.

    Automated Matching Systems Exchange LLC, which aims to be a virtual marketplace for automated dark pools, asked the Eighth Circuit on Monday to intervene in its fight with the Securities and Exchange Commission, saying the agency was abusing its power.

  • August 31, 2015

    7th Circ. Awards Syrian Assets To Some Terror Victims

    The Seventh Circuit on Monday ordered Syrian assets in Illinois be turned over to one group of terrorism victims, despite arguments by a second group of victims who said the first group were barred from collecting the $413 million judgment.

  • August 31, 2015

    5th Circ. Tough On NLRB In Murphy Oil Class Waiver Fight

    A National Labor Relations Board attorney faced a grilling at the Fifth Circuit on Monday as he defended a divided NLRB ruling that deemed Murphy Oil USA Inc. arbitration agreements barring workers from pursuing class actions unlawful and doubled down on the board's D.R. Horton decision.

  • August 31, 2015

    PNC Can't Escape Bankers' OT Class Action, 7th Circ. Says

    The Seventh Circuit on Monday upheld a district court judge’s decision to certify a class of bankers from 27 Illinois branches of PNC Bank National Association, holding there was a common question of whether managers instituted an unofficial policy prohibiting employees from claiming overtime.

  • August 31, 2015

    2nd Circ. Solidifies Argentina Bank’s Creditor Shield

    By blocking an attempt by creditors to pin Argentina's failure to pay billions in defaulted debt and judgments on the country's central bank, the Second Circuit on Monday reaffirmed the high hurdle facing bondholders arguing that foreign financial institutions are merely extensions of their government.

  • August 31, 2015

    Wyo. Justices Say State Courts Can Hear Tribal Highway Tort

    The Wyoming Supreme Court has ruled state courts can hear a dispute over a car crash on a highway in Native American tribal land, even when the defendants are tribal citizens, upholding a ruling that state jurisdiction over highways does not hamper tribal sovereignty.

  • August 31, 2015

    7th Circ. Nixes Win For Voya Insurer In $300M Contract Row

    The Seventh Circuit overturned a win for a Voya Financial Inc. life insurance unit on Monday, saying the dispute between the insurer and a broker over a canceled contract for $300 million in premiums is “not the stuff of summary judgment.”

  • August 31, 2015

    9th Circ. Says Alleged Email Removal Wasn’t Concealment

    The Ninth Circuit on Monday said a real estate investor’s alleged removal of emails to a deleted items folder during an investigation into a foreclosure auction bid-rigging scheme didn’t necessarily amount to concealment, affirming a judge’s decision to acquit him of an obstruction of justice charge after a jury found him guilty.

  • August 31, 2015

    Full Fed. Circ. Urged To Review Axing Of DNA Test Patent

    Major industry groups, professors and corporations filed a raft of amicus briefs last week urging the full Federal Circuit to rehear a decision that Sequenom Inc.’s fetal DNA test patent is invalid because it involves natural material.

  • August 31, 2015

    Broadcast Networks Push For Contempt Fine Against FilmOn

    The major television broadcasters urged the Second Circuit on Monday not to overturn a contempt finding against FilmOn.com Inc., which streamed broadcast material on the Internet after the Supreme Court's Aereo ruling, saying FilmOn had numerous chances to comply with court injunctions.

  • August 31, 2015

    Dallas Mag Can't Ditch Suit Over 'Welfare Queen' Article

    A Texas appeals court on Friday refused to bring an early end to a libel suit brought against a Dallas magazine by a woman referred to in its pages as the “Park Cities Welfare Queen,” saying the article falsely suggested the woman had committed welfare fraud.

  • August 31, 2015

    Dollar General Tells High Court It Isn't Subject To Tribal Court

    Dollar General Corp. on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit’s ruling that the company was subject to the jurisdiction of a tribal court in a sexual assault case brought by a former intern and member of the Choctaw Nation.

  • August 31, 2015

    Fla. Solar Advocates Bullish On High Court Ballot Review

    The Florida Supreme Court will hear oral arguments Tuesday on whether a proposed constitutional amendment to open up solar energy sales to third-party providers can go before voters, a question advocates said will likely go in their favor given the proposal's narrow focus.

  • August 31, 2015

    Hospital Urges 6th Circ. To Nix Insurer's Win In HIPAA Row

    A medical center on Friday urged the Sixth Circuit to reverse a Kentucky federal court’s dismissal of its suit over RLI Insurance Co.'s refusal to honor $10 million in liability coverage stemming from a federal investigation into alleged Health Insurance Portability and Accountability Act violations.

  • August 31, 2015

    EXCLUSIVE: Snyder Says DOJ Won't Back Off Foreign Cartels

    With a pair of appellate rulings endorsing the government's view of the foreign reach of U.S. antitrust law in hand, the U.S. Department of Justice has no plans to change its approach to targeting cartels involving components made and price-fixed abroad, DOJ criminal antitrust chief Brent Snyder told Law360 on Friday.

  • August 31, 2015

    NCAI Asks 6th Circ. To Revisit NLRB Role At Tribal Casinos

    The National Congress of American Indians on Friday sought to file an amicus brief with the Sixth Circuit calling for a rehearing en banc of a decision that faulted the Saginaw Chippewa Indian Tribe for suppressing union activities at its Michigan casino, arguing the ruling undermined the federal commitment to tribal sovereignty by impeding tribes’ abilities to support themselves.

  • August 31, 2015

    Texas Pushes Full 5th Circ. To Hear Voter ID Suit

    Texas on Friday asked the full Fifth Circuit to reconsider a panel determination that the state’s voter identification law violates the federal Voting Rights Act, saying the panel decision used too expansive an interpretation of the VRA to withstand constitutional scrutiny.

  • August 31, 2015

    SEC's 7th Circ. Win Won't End War On Admin Courts

    The U.S. Securities and Exchange Commission scored big points over the defense bar recently when an appellate court knocked down, on procedural grounds, an attempt to countersue the agency over its in-house tribunal, but the cheer could be short-lived if other appeals courts weigh in on deeper questions about the constitutionality of the forum.

  • August 31, 2015

    High Court Urged To Ban Warrantless Cellphone Tracking

    Several advocacy groups called on the U.S. Supreme Court on Monday to require law enforcement agencies to obtain a warrant before obtaining an individual’s cellphone location data from wireless carriers, arguing the modern age of ubiquitous cell use has rendered the information a privacy right protected by the Fourth Amendment.

Expert Analysis

  • Employers May Rethink Settlement Agreements In 2nd Circ.

    Nicholas M. Reiter

    The Second Circuit's ruling in Cheeks v. Freeport Pancake House Inc. is a reminder of the willingness of federal courts to insert themselves into party settlement negotiations. Cheeks may make some employers think twice about entering into settlement agreements, particularly large employers, say Nicholas Reiter and Brian Turoff of Venable LLP.

  • NY High Court, 2nd Circ. Are No Friends Of Fracking

    Yvonne E. Hennessey

    Not only have oil and gas operators utterly lost the ability to secure drilling permits to develop shale assets in New York due to a statewide ban, but now the New York Court of Appeals and Second Circuit have compounded this injury by affirming the termination of state oil and gas leases at the expiration of their primary term, says Yvonne Hennessey of Barclay Damon LLP.

  • Some Words Are More Equal Than Others: BancInsure V. FDIC

    Alex Lathrop

    In George Orwell’s "Animal Farm," the governing principle that “all animals are equal” was revised by the pigs who had ascended into power to “all animals are equal, but some animals are more equal than others.” A recent decision by the Tenth Circuit, BancInsure Inc. v. Federal Deposit Insurance Corp., appears to apply a similar principle to insurance policy interpretation, say Alex Lathrop and Harry Moren at Orrick Herrington & Sutcliffe LLP.

  • Competitors Push Back With False Advertising Laws

    Eric W. Buetzow

    As the Tenth Circuit recently recognized, false advertising causes of action are providing a robust weapon against overly aggressive and often youthful firms who “cross the line from harmless hyperbole into underhanded deception with material commercial consequences.” However, the current landscape is not a complete boon for competitor plaintiffs, says Eric Buetzow of Zelle Hofmann Voelbel & Mason LLP.

  • REJOINDER: Still An Inappropriate Reasonable Royalty Rule

    William C. Rooklidge

    In arguing in favor of the patentee obtaining as reasonable royalty damages the entire incremental profit earned by the alleged infringer on the smallest salable patent practicing unit, a recent Law360 guest article makes several arguments that are either incorrect or irrelevant, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • An Important Reading Of High Court's Advisory Fee Opinion

    Molly K. McGinley

    More than five years after the U.S. Supreme Court in Jones v. Harris Associates LP adopted the Gartenberg standard for cases brought under Section 36(b) of the Investment Company Act, the Seventh Circuit on remand highlighted the importance of, and interplay between, two Gartenberg factors — comparative fees and the nature and quality of services provided, says Molly McGinley of K&L Gates LLP.

  • Reading Rehnquist And Roberts Courts On Property Rights

    Paul J. Beard

    Under Chief Justice John Roberts, the U.S. Supreme Court has tended to be much friendlier to property rights than the Rehnquist court. At best, the Rehnquist court issued some confusing property rights decisions that have plagued the attempts of landowners to successfully litigate their takings claims — at worst, the Rehnquist court completely undermined their rights, says Paul Beard of Alston & Bird LLP.

  • 4th Circ. View Of Cell Site Tracking May Lead To High Court

    Pierre Grosdidier

    The ruling in U.S. v. Graham over access to cell site location information at cell towers leaves open the possibility that a narrowly framed Stored Communications Act § 2703(d) order might still pass constitutional muster in the Fourth Circuit. Be that as it may, this issue could be ripe for U.S. Supreme Court review now that two circuits are squarely split based on similar sets of facts, says Pierre Grosdidier of Haynes and Boone LLP.

  • A Likely Fatal Blow To Republicans' Pay-To-Play Challenge

    Raymond M. Sarola

    The D.C. Circuit’s opinion this week shooting down the New York and Tennessee Republican parties’ First Amendment challenge to the SEC’s pay-to-play rule contains strong and convincing language that the lawsuit is untimely. The opinion also suggested that the D.C. Circuit may not view the ultimate merits of the challenge favorably, says Raymond Sarola, associate at Cohen Milstein Sellers & Toll PLLC and a former policy adviser in t... (continued)

  • DC Circ. Conflict Minerals Ruling Is Business As Usual

    LaDawn Naegle

    Last week the D.C. Circuit upheld it's previous decision that a portion of the U.S. Securities and Exhange Commission's conflict mineral rule violated the First Amendment. For issuers, it's business as usual since the 2014 decision, with only issuers who voluntarily describe any of their products as "DRC conflict free" being required to provide a third-party audit in 2015, say LaDawn Naegle and Randy Wang at Bryan Cave LLP.