Appellate

  • July 28, 2014

    GSK, Teva Fight FTC Bid To Join Lamictal Args In 3rd Circ.

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Friday urged the Third Circuit to reject the Federal Trade Commission's request to participate in oral arguments in the Lamictal pay-for-delay litigation, saying the antitrust watchdog was not the "independent" observer it claimed to be.

  • July 28, 2014

    Texas Lawmaker Appeals To Dodge Deposition In $26M Suit

    A Texas lawmaker has asked a state appeals court to reverse a judge’s decision allowing the Mostyn Law Firm to take his deposition in a $26 million lawsuit that accuses the state’s windstorm insurer of improperly denying a school district’s hurricane damage claims.

  • July 28, 2014

    Nixed $750 BP Dividend Suit To Be Appealed To 5th Circ.

    A plaintiff in a putative class action dismissed last month accusing BP PLC of failing to pay a promised $750 million in dividends to shareholders shortly after the 2010 Deepwater Horizon spill is appealing the decision to the Fifth Circuit.

  • July 28, 2014

    Banking Cases To Watch As 2014 Rolls On

    Litigation in the second half of 2014 could fundamentally alter a major credit card firm’s business, change how investor losses on mortgage-backed securities are timed and determine whether dark pools will be exposed to greater sunlight. Here are the top banking cases to watch for the rest of 2014.

  • July 28, 2014

    Fed. Circ. Says Carriers Must Pay Duties On Missing Merch

    The Federal Circuit on Monday ruled that transportation logistics company C.H. Robinson Co. was liable for $106,407 in duties and taxes on Chinese apparel that went missing before being shipped to Mexico, finding the company hadn’t provided enough proof that the goods were delivered to the correct port.

  • July 28, 2014

    NJ High Court Says Cleanup Suits OK Without DEP Approval

    A party on the hook for a contaminated property doesn't need New Jersey's environmental regulator to finalize its enforcement efforts or provide written approval of a remediation plan before suing for contribution under the state's Spill Compensation and Control Act, the state Supreme Court ruled Monday.

  • July 28, 2014

    Express Scripts Asks High Court To Review Calif. Speech Law

    Express Scripts Inc. has asked the U.S. Supreme Court to review a federal appellate panel’s approval of a state law requiring drug claim processors to compile and transmit pharmacy fee information to clients, saying the law compels speech in violation of the First Amendment.

  • July 28, 2014

    9th Circ. Halts St. Luke's Doc Group Sale During Appeal

    The Ninth Circuit on Friday agreed to let St. Luke's Health System Ltd. hold on to Saltzer Medical Group PA while it appeals a ruling ordering it to divest the physician practice group because the acquisition violated antitrust law.

  • July 28, 2014

    Gay Marriage Plaintiffs Want Cases In Fla. Supreme Court

    A gay couple from Key West who won a decision overturning Florida's ban on same-sex marriage is seeking to take the state's appeal directly to the Florida Supreme Court, where it seems certain to be headed.

  • July 28, 2014

    4th Circ. Sinks Va. Same-Sex Marriage Bans

    The Fourth Circuit on Monday struck down Virginia's state ban on same-sex marriages, continuing a string of federal and state court rulings finding similar state bans unconstitutional.

  • July 28, 2014

    In Win For Travelers, Conn. Lets Insurers Sue Each Other

    The Connecticut Supreme Court held Monday that insurers can bring declaratory judgment suits over fellow insurers' coverage obligations, siding with Travelers Casualty & Surety Co. of America over defense costs in an $18 million lawsuit claiming construction defects at a University of Connecticut School of Law library.

  • July 28, 2014

    SD Bankers Urge High Court To Limit Tribal Jurisdiction

    The South Dakota Bankers' Association has backed Dollar General Corp. in a U.S. Supreme Court case the retailer says will decide whether tribal courts can exercise jurisdiction over companies that are not part of a tribe, arguing that business with tribes could be negatively affected if tribal court jurisdiction is expanded.

  • July 28, 2014

    Chief Justice Won't Stay Ruling In $391M SAP Patent Case

    The chief justice of the U.S. Supreme Court has rejected SAP America Inc.'s request to put on hold a Federal Circuit ruling that left intact a $391 million patent infringement judgment against SAP after Versata Software Inc.'s patent-in-suit was invalidated under the America Invents Act.

  • July 28, 2014

    Top Court Petition Calls Tax Judges' Power Unconstitutional

    A Minnesota resident has petitioned the U.S. Supreme Court to decide that the power of nonappointed U.S. Tax Court senior judges violates the constitutional separation of powers clause.

  • July 28, 2014

    Dispatchers Ask High Court To Nix LA's Overtime Appeal

    Los Angeles Fire Department dispatchers and aeromedical technicians has urged the U.S. Supreme Court to reject the city’s petition arguing that the workers are exempt from standard overtime pay, claiming the plain language of the Fair Labor Standards Act entitles them to the funds.

  • July 25, 2014

    Endo Can't Stop Settlement Order In Frova Patent Row

    The Federal Circuit on Thursday refused to halt an order requiring Endo Pharmaceuticals Inc. and Mylan Pharmaceuticals Inc. to negotiate a settlement in their infringement row over Endo’s patent for migraine medication Frova, saying Endo hadn't met the standard for a stay.

  • July 25, 2014

    11th Circ. Rules In Favor Of Fla.'s 'Gun Gag' On Doctors

    The Eleventh Circuit on Friday lifted a bar on enforcement of a Florida “gun gag” law restricting doctors from asking patients about firearm ownership, saying it doesn’t violate the First Amendment and calling the plaintiffs’ fears that doctors could face discipline for “offending a patient’s subjective sensibilities” unfounded.

  • July 25, 2014

    6th Circ. Pushes Excess Carriers To Monitor Primary Denials

    The Sixth Circuit recently put an excess insurer on the hook for IMG Worldwide Inc.'s nearly $8 million defense bill in litigation over a failed real estate project, a decision that sends a warning to excess carriers with similar policy language to closely scrutinize primary carriers' coverage denials or else face unexpected costs.

  • July 25, 2014

    1st Circ. Nexium Case May Ripple Beyond Pharma

    The First Circuit is set to hear arguments Thursday about whether a group of consumers, insurers and others who paid for Nexium can sue as a class over alleged pay-for-delay deals over the heartburn drug even though many of them may not have overpaid because of the patent settlements, in a case that could have implications beyond the pharmaceutical world.

  • July 25, 2014

    Ex-CSG Says 8th Circ. Ignored Evidence In Gender Bias Suit

    A former business analyst who has accused CSG Systems Inc. of gender discrimination urged the Eighth Circuit to rehear her case en banc on Thursday, claiming the panel turned a blind eye to key evidence when it nixed her appeal last month.

Expert Analysis

  • High Stakes In Play With Rule 68 Decisions

    David Carpenter

    This week, the Eleventh Circuit will hear appeals in two Telephone Consumer Protection Act cases centered on whether a Rule 68 offer of judgment can completely moot a class action. While the court may follow suit and adopt either the Seventh Circuit or Ninth Circuit rule, the door is open for a decision that changes the class action landscape, say David Carpenter and James Cash of Alston & Bird LLP.

  • Amtrak's Metrics-Making Power Hangs In The Balance

    Kevin M. Sheys

    For industry, the U.S. Supreme Court's eventual ruling in Ass’n of Am. R.R. v. Dep’t of Transp. will be about whether the metrics and standards Amtrak helped create will survive and be used to measure whether — and how well — host railroads adhere to their long-standing statutory obligation to give priority to Amtrak trains, says Kevin Sheys of Nossaman LLP.

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • What The Supreme Court Said About Patents This Term

    Michael Martinez de Andino

    This year, the U.S. Supreme Court decided on six patent cases that will have significant consequences for companies as they work to advance their strategy for protecting their intellectual property, say J. Michael Martinez de Andino and George Davis of Hunton & Williams LLP.

  • VNA V. Jupiter Reflects Dramatic Shift By Fla. Courts

    Donald J. Hayden

    In Visiting Nurse Association of Florida Inc. v. Jupiter Medical Center, the Florida Supreme Court entered a unanimous decision that falls in line with a growing trend providing further certainty in using arbitration as a speedy and cost-effective vehicle for resolving commercial disputes, say attorneys with Berger Singerman LLP.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • 2 NY Cases Highlight Medical Expert Disclosure Disparity

    Justin L. Salkin

    From Rivera v. Albany Medical Center Hospital and Marano v. Mercy Hospital, defendants will likely be unable to obtain summary judgment in medical malpractice cases without disclosing the name of the medical expert submitting an affidavit, says Justin Salkin of Hiscock & Barclay LLP.

  • 11th Circ. Extends FDCPA To Bankruptcy Proofs Of Claim

    Jarrett L. Hale

    The Eleventh Circuit’s ruling in Crawford v. LVNV Funding leaves open the possibility that the Fair Debt Collection Practices Act and related state corollary statutes may be applicable to bankruptcy proofs of claim, which will likely result in increased litigation against debt collectors and, potentially, actual creditors, say attorneys with Hunton & Williams LLP.