Appellate

  • September 2, 2014

    NY-Led Coalition Backs EPA In Coal Emission Rule Battle

    A New York-led coalition including 11 states asked to intervene in a D.C. Circuit case challenging the U.S. Environmental Protection Agency's proposed rule on carbon dioxide emissions from existing coal-fired power plants, saying Tuesday the regulation is needed to fight climate change.

  • September 2, 2014

    Libor Investors Push High Court To Allow Immediate Appeal

    Bondholders accusing several major banks of rigging Libor told the U.S. Supreme Court Friday that there was no downside to letting them pursue a quick appeal of their antitrust claims while the broader multidistrict litigation over the alleged plot continues.

  • September 2, 2014

    Calif. Appeals Decision Scrapping Teacher Tenure Laws

    The state of California on Friday appealed its stunning loss in a suit brought by education reform advocates that saw a California judge rule the state's teacher tenure system is unconstitutional, saying a decision of statewide legal impact must be reviewed by a higher court.

  • September 2, 2014

    Allergan Must Face Suit Over Botox Labeling: 9th Circ.

    Allergan Inc. will have to face a derivative suit alleging its board improperly marketed the cosmetic drug Botox for off-label uses, the Ninth Circuit ruled Tuesday, finding the plaintiffs had alleged enough specific facts to move forward with their complaint without first making a demand on the board.

  • September 2, 2014

    Highland Investor Argues Texas Court Can't OK Creditor Plan

    An investor who lost money when a fund managed by Highland Capital Management LP crashed after the recession on Tuesday argued that Texas courts can’t recognize a creditor resolution plan approved by a Bermuda court and that it should be able to pursue claims for negligence.

  • September 2, 2014

    High Court Asked To Review Countrywide Loan Fee Class Suit

    A Missouri couple has asked the U.S. Supreme Court to review the Eighth Circuit's dismissal of their proposed class action against Countrywide Home Loans Inc. over allegedly unauthorized mortgage fees, claiming the decision permits defendants to dodge state law claims by removing cases to federal court.

  • September 2, 2014

    10th Circ. Frees Excess Insurer From $4M Construction Deal

    The Tenth Circuit ruled Tuesday that National Union Fire Insurance Co. doesn’t have to reimburse Scottsdale Insurance Co. for any of the $4.35 million Scottsdale paid to cover the settlement of claims against their common insured general contractor, finding Scottsdale didn’t prove National’s excess coverage was exhausted.

  • September 2, 2014

    Texas Justices Asked To Revive Suit Over $55M Tire Co. Deal

    An investment bank has asked the Texas Supreme Court to revive its lawsuit over the soured $55 million sale of a majority interest in a Mexican tire distributor, following a lower appeals court’s ruling that the case should have been filed in Mexico.

  • September 2, 2014

    Lowe's Escapes Suit Over Lawn Mower Accident In 6th Circ.

    The Sixth Circuit on Tuesday nixed a product liability lawsuit against Lowe's Home Centers Inc. by a man who suffered severe injuries after the lawn mower he was riding ran over his foot, ruling the man had failed to present evidence indicating the accident was the result of a defective safety system.

  • September 2, 2014

    5 Tips For Getting Software Patents Approved Post-Alice

    The U.S. Supreme Court's Alice Corp. decision barring patents on computer-implemented abstract ideas made it tougher to obtain patent protection for software inventions, but it is not impossible, attorneys say. Here, Law360 provides tips to boost the chances that a software patent will be approved.

  • September 2, 2014

    US Defends NSA Phone Surveillance Before 2nd Circ. Panel

    A U.S. government official on Tuesday defended the National Security Agency’s bulk collection of domestic phone records before a skeptical Second Circuit panel, arguing that the program has been approved by Congress and is needed to thwart possible terrorist attacks.

  • September 2, 2014

    7th Circ. Rejects Union Challenge Over Ind. Right-To-Work Law

    The Seventh Circuit on Tuesday shot down a union's challenge to an Indiana right-to-work law that prohibits employers from forcing union membership or union dues as a condition of employment, finding the state provision was not preempted by federal labor law.

  • September 2, 2014

    McKool Smith Quits As Versata Counsel In $391M Patent Case

    Citing a conflict of interest, McKool Smith PC said Friday that it is withdrawing as counsel for Versata Development Group Inc. in a $391 million patent dispute with SAP America Inc., weeks before oral arguments in Versata's appeal of a decision that invalidated its patent.

  • September 2, 2014

    EEOC's Win In Ford Telecommuting Case To Get 2nd Look

    The Sixth Circuit on Friday agreed to reconsider its April decision against Ford Motor Co. in the U.S. Equal Employment Opportunity Commission’s suit alleging the automaker failed to accommodate a worker’s irritable bowel syndrome by refusing to let her telecommute most days, vacating its opinion over the agency’s protests.

  • September 2, 2014

    LA Says Hotel Registry Views Exempt From Facial Privacy Claims

    Los Angeles again has asked the U.S. Supreme Court to review a Ninth Circuit decision striking down the city's law allowing warrantless searches of hotel registries, arguing that the high court needs to clarify when Fourth Amendment facial challenges are permitted against such laws.

  • September 2, 2014

    Choctaw Tribe Asks Justices To Pass On Dollar General Case

    The Mississippi Band of Choctaw Indians has urged the U.S. Supreme Court  to pass on a Dollar General Corp. appeal that could limit tribal courts' jurisdiction over nonmembers, countering a banking group's contention that companies will avoid doing business with tribes if a decision against the retailer isn’t overturned.

  • September 2, 2014

    Pa. Appeals Court Says MERS Can Assign Mortgages

    The Pennsylvania Superior Court has ruled that MERSCORP Holdings Inc. holds the power to assign mortgages in the state, ruling in favor of Bank of America NA in a foreclosure lawsuit against a homeowner who challenged the reassignment.

  • August 29, 2014

    Keystone XL's Fate May Hinge On Neb. Supreme Court Ruling

    The Nebraska Supreme Court has set a Sept. 5 hearing to consider the state’s challenge to a decision striking down a law that authorizes the governor to approve the route for the Keystone XL pipeline — a case the Obama administration has said will have a huge impact on whether the controversial project can move forward.

  • August 29, 2014

    Texas High Court Won't Overturn Fraudster's Disbarment

    The Texas Supreme Court on Friday again rejected a bid by a disbarred lawyer to reinstate his law license after he was convicted in a fraud scheme involving a medical device company and sentenced to 20 years in prison.

  • August 29, 2014

    Texas High Court To Let Jury Resolve Enbridge Pipe Damages

    The Texas Supreme Court on Friday ruled that a jury should determine whether the damage to a couple’s property by Enbridge Pipelines East Texas LP is temporary or permanent and then calculate damages for the couple based on that finding, according to a decision that reversed the appellate court’s finding.

Expert Analysis

  • 3rd Circ. Curtails Review For Error At Sentencing

    Daniel Wenner

    Appealing a sentence based on procedural error just got harder in the Third Circuit. Following U.S. v. Flores-Mejia, to avoid plain-error review, defense counsel must be vigilant during sentencing hearings to point out to the district court all possible procedural errors after the sentence is imposed, says Daniel Wenner of Day Pitney LLP.

  • Food For Thought? Chew On These Class Action Trends

    Scott Elder

    Overall, food and beverage class actions during the first half of 2014 demonstrate that particular courts continue to have a large impact on the certification decision and inconsistency in such decisions remains the norm, say Scott Elder and Jenny Mendelsohn of Alston & Bird LLP.

  • A Conservative Rewriting Of The 'Right To Work'

    Jason P. Steed

    Make no mistake, the U.S. Supreme Court's ruling in Harris v. Quinn represents something new — a shift in the conservative view of the First Amendment with respect to public employment and a significant broadening of what was once a much narrower “right to work” in the context of public employee unions, says Jason Steed of Bell Nunnally & Martin LLP.

  • Breaking Down The Collapse Doctrine In Wash.

    Michael V. Silvestro

    It is too early to tell which approach Washington will adopt regarding the collapse doctrine, but whatever conclusion the Washington Supreme Court reaches it likely won't be unanimous — prior cases suggest the state could require an actual collapse, says Michael Silvestro of Robins Kaplan Miller & Ciresi LLP.

  • Not Every 363 Sale Is Bulletproof

    Harris B. Winsberg

    Creditors considering an involuntary bankruptcy filing with the goal of buying a debtor’s assets in a Section 363 sale or seeking a strategic advantage over the debtor will need to consider an Eleventh Circuit ruling in the case of Global Energies LLC before embarking on such a strategy, say Harris Winsberg and Stephen Roach of Troutman Sanders LLP.

  • High Court Should Review Scope Of Crime-Fraud Exception

    Matthew D. Lee

    Given the significant differences among the circuits in examining the crime-fraud exception, and the Third Circuit’s recent erosion of the attorney-client privilege, U.S. Supreme Court review is necessary to ensure the consistent treatment of litigants and to protect the privilege, say attorneys with Blank Rome LLP.

  • Barko Muzzled, But Attorney-Client Info Remains At Risk

    Andrew Irwin

    There can be no assurance that the D.C. Circuit’s decision in Barko v. Halliburton Co. will lead courts in other jurisdictions to reach similar results — particularly in jurisdictions outside the U.S. where multinational corporations may well face efforts to compel disclosure of attorney-client information, say attorneys with Steptoe & Johnson LLP.

  • Mixed Feelings In Texas About ALI's Negligence Approach

    Kelly J. Kirkland

    Just when we thought the Supreme Court of Texas wants nothing to do with the American Law Institute’s latest efforts to restate the law of negligence, two recent decisions indicate it actually has mixed feelings, in part because of its profound distrust of juries, says Kelly Kirkland of Fulkerson & Lotz LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • 2nd Circ. Has Made Morrison Standard Even More Arbitrary

    J. Robert Brown Jr.

    The Second Circuit was appropriately concerned with the implications of the Section 10(b) test set forth by the U.S. Supreme Court in Morrison v. National Australia Bank. But in ParkCentral Global Hub Ltd. v. Porsche Automobile Holdings, the court developed a test only used to deny the availability of Rule 10b-5, says J. Robert Brown Jr. of Sturm College of Law at the University of Denver.