Appellate

  • April 17, 2015

    5th Circ. Grills DOJ, Texas During Executive Action Args.

    The Fifth Circuit on Friday heard arguments on the government’s bid to lift a block on core deferred deportation policies created by the president's executive actions, with the panel subjecting the attorneys representing the U.S. Department of Justice and the 26 plaintiff states to sharp questioning on issues of agency discretion.

  • April 17, 2015

    Homeless Case Fee Fight Imperils Other Suits, 11th Circ. Told

    Counsel for homeless Miami residents whose class action prompted a landmark 1998 agreement over their treatment by the city told the Eleventh Circuit on Friday that a lower court's denial of attorneys' fees for their work on recent modifications endangers similar civil rights consent decree cases.

  • April 17, 2015

    High Court Urged To Reject Teva, Pliva Reglan Petitions

    A generic Reglan mass tort plaintiff has urged the U.S. Supreme Court to reject Teva Inc. and Pliva Inc.’s petition to overturn a Pennsylvania court’s holding that plaintiffs’ claims weren’t preempted by federal law, arguing there was no final judgment to be appealed.

  • April 17, 2015

    High Court Urged To Hear Chiquita War Crime Row

    Relatives of hundreds killed by a Colombian paramilitary group have again urged the U.S. Supreme Court to review a decision tossing their multidistrict litigation against Chiquita Brands International Inc., arguing that a recent Eleventh Circuit ruling showed there is a circuit split regarding the application of the Alien Tort Statute.

  • April 17, 2015

    Rule Change Irrelevant To High Court Plea, Navy Ad Co. Says

    The U.S. Navy’s advertising partner urged the U.S. Supreme Court this week to reject an argument that recent developments had voided the court’s need to hear an appeal in the case alleging illegal recruiting via text messages, saying the logic was speculative.

  • April 17, 2015

    10th Circ. Nixes Challenge Over FWS Colo. Land Transfer

    The Tenth Circuit on Friday affirmed the U.S. Fish and Wildlife Service’s transfer of land to a consortium of local governments for parkway construction near Denver, rejecting a challenge brought by environmental groups and two towns.

  • April 17, 2015

    J&J Can't Dodge $63M Verdict In Children's Motrin Case

    Massachusetts' highest court on Friday upheld a $63 million jury verdict against Johnson & Johnson for allegedly inadequate warnings about the health risks posed by its fever and pain drug Children's Motrin, finding that the Supreme Court's landmark Levine decision did not preempt the plaintiffs' claims.

  • April 17, 2015

    'Raging Bull' Case Doesn't Boost Patent Suits, Fed. Circ. Told

    A baby products company on Thursday urged the en banc Federal Circuit to reject a rival's bid to convince the court to apply the U.S. Supreme Court's "Raging Bull" decision to patent law, which would make it tougher to beat long-delayed patent suits, saying patent law is too different.

  • April 17, 2015

    High Court Asked To Mull Mootness Of Post-Ch. 11 Fees Bid

    Sweports Ltd. has asked the U.S. Supreme Court to determine whether a bankruptcy case's dismissal bars a creditors' committee from seeking about $1.1 million in fees in Chapter 11 court, saying the Seventh Circuit’s decision to recognize such jurisdiction creates a circuit split and defies the doctrine of mootness.

  • April 17, 2015

    Logistics Co. Wants High Court To Review DHL Contract Row

    Falcon Express International Inc. last week asked the U.S. Supreme Court to review a Texas appellate ruling letting DHL Express USA Inc. off the hook for a jury’s $5 million damages award, saying Texas courts wrongly interpret federal aviation law to preempt state law claims.

  • April 17, 2015

    Investor Asks High Court To Revive Chesapeake Fraud Claims

    An investor claiming Chesapeake Energy Corp. omitted key details about a natural gas price hedging strategy has asked the Supreme Court to revive its securities fraud case, saying the Tenth Circuit improperly relied on the concept of constructive knowledge — what the plaintiffs should have or could have known about their risk — in affirming dismissal.

  • April 17, 2015

    11th Circ. Won't Rehear Stock Certificate Loss Case

    The Eleventh Circuit on Thursday denied an Alabama bank’s request for a rehearing of the court’s decision that a Travelers Cos. Inc. financial institution bond didn’t cover losses the bank suffered when a customer defaulted on loans backed in part by a bogus stock certificate.

  • April 17, 2015

    DC Circ. Paves Way For EPA To Revamp CO2 Standards

    Now that the U.S. Environmental Protection Agency has won a key ruling on its authority to regulate greenhouse gas emissions from existing power plants, experts expect the agency will turn its attention to formulating new carbon dioxide standards and possibly thresholds for biomass facilities.

  • April 17, 2015

    Pa. Appeals Court Affirms $4.8M In Asbestos Verdicts

    A Pennsylvania appeals court on Friday affirmed $4.8 million in damages verdicts for two women who had filed suit over their husbands’ development of mesothelioma after long-term exposure to asbestos, finding the plaintiffs hadn’t cashed in twice for the same damages.

  • April 17, 2015

    11th Circ. Tosses Wells Fargo Bid To Dismiss FCA Suit

    The Eleventh Circuit on Thursday tossed Wells Fargo Bank NA Inc.’s bid to dismiss a whistleblower False Claims Act suit accusing it of defrauding veterans with excessive loan fees after a media leak by the relators, ruling the court lacked jurisdiction over the case.

  • April 17, 2015

    Fla. High Court Strictly Construes Offer Of Judgment Statute

    The Florida Supreme Court issued two rulings Thursday that strictly construe the state's offer of judgment statute, stating that joint offerors of a settlement must comply with the law's apportionment provision to recoup attorneys' fees and costs.

  • April 17, 2015

    Fla. Cargo Airline Tries To Lift Miami-Dade's Wage Law

    A Florida-based air cargo company challenging a county ordinance requiring it to pay elevated minimum wages for some workers at Miami International Airport met skepticism during arguments Friday before the Eleventh Circuit, which said its position could have outsized implications for employment regulations.

  • April 17, 2015

    Malpractice Claim Revived Against NJ Judge Over Estate Row

    A New Jersey state appeals court on Friday again revived a suit accusing a former New Jersey attorney who is currently a sitting judge of malpractice in an estate dispute between its executor and his stepmother, ruling that attorneys sometimes owe a duty of care to non-clients.

  • April 17, 2015

    Group Says Calif. Never Ceded Jurisdiction Over Casino Site

    A coalition suing to shutter a tribal-owned Sonoma County casino urged the U.S. Supreme Court to reverse a California appeals court's holding that a 2000 federal statute granting the tribe federal recognition divested the state's historic territorial jurisdiction over the casino site.

  • April 17, 2015

    FDA Should Ease Off-Label Regs Before Courts Do: PhRMA GC

    The U.S. Food and Drug Administration can reduce the odds of a sweeping court decision that shields drugmaker promotion if it takes modest steps to relax restrictions on commercial speech about off-label uses, the general counsel for trade group Pharmaceutical Research and Manufacturers of America tells Law360.

Expert Analysis

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • New 5th Circ. Bankruptcy Fee Rule Benefits Attys, Advisers

    Elisha Graff

    The Fifth Circuit’s decision in Barron & Newburger PC v. Texas Skyline Ltd. overrules prior precedent and adopts a broader, more permissive standard for approval of attorneys' fees under Section 330 of the Bankruptcy Code. The prospective standard could benefit financial advisers as well, says Elisha Graff of Simpson Thacher & Bartlett LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Bank Of New York Mellon Decision A Win For Trustees

    Andrew I. Silfen

    A New York state appellate court decision approving a settlement agreement involving a large group of certificate holders for mortgage-backed securities, for which Bank of New York Mellon serves as trustee, reinforces that a trustee’s discretionary acts should not be second-guessed provided that the trustee acted in good faith, reasonably and prudently, say attorneys with Arent Fox LLP.

  • 1st Circ. Takes Broad View Of 'False' Under FCA

    Sarah Kelly

    Critics will argue that the First Circuit is allowing the government and relators to use the False Claims Act as a vehicle to enforce increasingly minor regulations with harsh penalties. The court's approach, however, relies on the plain language of the FCA without the technical baggage that comes with the tests articulated by other U.S. appellate courts, say Sarah Kelly and Katy Meszaros of Nutter McClennen & Fish LLP.

  • OPINION: Donziger's Case Against Chevron, In His Own Words

    Steven R. Donziger

    With all eyes on the Second Circuit this Monday when oral arguments begin in the appeal of Judge Lewis Kaplan's decision in Chevron Corp.'s RICO case against Steven Donziger and two of his clients from the Ecuadorian rainforest, the plaintiffs attorney for the first time offers his view, in detail, of the decades-long, multibillion-dollar Lago Agrio oil field pollution case.

  • Mandatory Subordination And The Fate Of Equity Claims

    Robert L. Eisenbach III

    The Ninth Circuit’s recent decision in the case of Tristar Esperanza Properties LLC essentially says, “once a shareholder, always a shareholder,” and reminds us that Section 510(b)’s mandatory subordination rules impact entire categories of claims and make it extremely difficult to collect on any equity-like claim in bankruptcy, says Robert Eisenbach of Cooley LLP.

  • 6th Circ. UTC Ruling Provides Support For FCA Defendants

    Tirzah Lollar

    The Sixth Circuit's recent decision in U.S. v. United Technologies Corp. and similar cases provide ammunition for contesting the government’s increasingly aggressive damages theories in False Claims Act cases, say attorneys with Vinson & Elkins LLP.

  • St. Luke's: A Major Step Back In Merger Efficiencies

    David Balto

    The Ninth Circuit’s recent St. Luke’s decision involving the vertical acquisition of a provider group by a health system in Idaho seems to severely restrict the efficiencies defense in a fashion inconsistent with the goals of antitrust law and sound enforcement policy, say David Balto and James Kovacs of the Law Offices of David Balto.

  • 9th Circ. Comes Around On CAFA

    Sean D. Unger

    Taken together, three recent cases demonstrate the Ninth Circuit’s new fidelity to Congress’ stated intent that Class Action Fairness Act cases be heard in federal courts. However, they also confirm that, where Congress limited CAFA, the Ninth Circuit will not ignore that limitation, say attorneys at Paul Hastings LLP.