A California district court’s ruling that the U.S. Army doesn’t have to provide medical care for veterans who had volunteered to participate in experiments with chemical and biological weapons was out of line, a panel of Ninth Circuit judges said Tuesday.
A New York state appeals court on Tuesday tossed sanctions issued against Kramer Levin Naftalis & Frankel LLP for allegedly not acting quickly enough to correct a defective complaint in two co-CEOs' battle over a translation services company's payroll system.
The Oklahoma Supreme Court revived a woman’s suit Tuesday seeking to recover damages from two energy companies over an earthquake that injured her and damaged her home, saying personal injury suits belong in state district court.
Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.
A California appeals court trimmed a conspiracy claim Tuesday in a suit alleging a Milbank Tweed Hadley & McCloy LLP partner conspired with a partner in a financial services firm to commandeer a potentially lucrative joint venture, but allowed the main claims to proceed.
The Eleventh Circuit on Tuesday revived two putative class actions accusing SunTrust Banks Inc. of unfairly compromising its employees' retirement plans by allegedly selecting poorly performing mutual funds managed by its own affiliates in light of the U.S. Supreme Court's recent Tibble ruling.
The Wisconsin Supreme Court on Tuesday upheld an appeals court’s approval of the state's wind turbine installation rules, saying that the rules are valid even though passed without a housing impact report because the state's Public Service Commission properly determined one was not required.
In a case of first impression, a Texas appellate court on Tuesday said a 1980 oil and gas development contract for Eagle Ford Shale property isn’t limited to the interests owned by the original parties at the time of the contract.
A Texas appeals court on Tuesday revived a BP Oil Pipeline Co. suit alleging Plains Pipeline LP agreed to indemnify it against landowners who say BP trespassed on their property to use a pumping station for 26 years without paying rent, finding Plains failed to show it was entitled to summary judgment.
At the full Federal Circuit's invitation, the U.S. government told the court Monday that a 2013 Supreme Court ruling that sales outside the U.S. exhaust copyrights does not apply to patents and that foreign sales of a patented article do not exhaust patent rights.
In agreeing to hear a case about naked short selling, the U.S. Supreme Court on Tuesday put itself in a position to establish the extent to which federal securities laws preempt certain state-based claims and, in doing so, may further curtail state securities suits.
The Federal Circuit on Tuesday sided with Office Depot Inc. and others in a patent dispute over a website search function, ruling patent owner SpeedTrack Inc.’s claims were barred by a seldom-used, century-old statute.
The New York State Court of Appeals on Tuesday denied Commerzbank AG's bid to revive a fraud claim against Morgan Stanley & Co., saying that the German banker failed to show that it had been given the right to sue from the original holders of the rated notes underlying the claim.
The Eleventh Circuit on Tuesday asked the Delaware Supreme Court to weigh in on whether an investor lawsuit alleging the hedge fund Paulson & Co. overlooked red flags when it acquired a stake once worth $880 million in now-defunct Sino-Forest Corp. should be considered derivative under Delaware law.
A BP PLC engineer who was part of the company’s efforts to stop the Deepwater Horizon oil spill is entitled to a new trial because a juror overheard outside evidence in the case in a courtroom elevator, the Fifth Circuit ruled Tuesday.
A trio of environmental groups on Monday urged the Ninth Circuit to halt further construction of an Arizona uranium mine during their appeal of a ruling that allowed the project to move forward, contesting the U.S. Forest Service’s claim that a new environmental analysis of the mine isn't required.
The appellate practice at the Philadelphia-based Greenblatt Pierce Engle Funt & Flores LLC is set to grow with the addition of a veteran criminal defense attorney who is joining the firm after two decades with the Defender Association of Philadelphia.
Tonto Apache tribal officers are not immune to claims that they illegally detained and seized the property of strategic gamblers at the tribe’s casino, the Ninth Circuit said Tuesday, saying tribal officials can be sued as individuals for civil rights violations under color of state law.
The Motion Picture Association of America held on to millions in broadcast royalties Tuesday when the D.C. Circuit upheld a 2013 Copyright Royalty Board ruling that favored the association over a cable television producers’ group.
From proposed class actions challenging energy pipeline rent deals with railroad companies to rumblings of disputes emerging from the market's construction boom, real estate experts have their eyes on several new founts of litigation in the second half of the year.
Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.
New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.
Now that we have reached the one-year anniversary of the U.S. Supreme Court's decisions on fee-shifting in patent cases, it is worth looking back at the history of fee-shifting and how the Federal Circuit and various district courts have applied Octane and Highmark, say attorneys with Paul Hastings LLP.
The Second Circuit's decision to allow negative guest satisfaction surveys to be used as a basis for termination in HLT Existing Franchise Holding LLC v. Worcester Hospitality Group, makes it easier for franchisers to terminate franchise agreements and still comply with the statutory and common law requirements for good cause or good faith and fair dealing, says Eugene Podesta at Baker Donelson LLP.
The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.
California appellate courts independently review questions of law but will affirm factual findings supported by the record, disregarding conflicting evidence, and will largely defer to the trial court on discretionary rulings such as the admissibility of evidence, say David Axelrad and Karen Bray of Horvitz & Levy LLP.
Throughout the Commil USA LLC v. Cisco Systems Inc. opinion, the U.S. Supreme Court treated knowledge and intent as binary concepts — the accused inducer either possessed knowledge and intent or it did not. Unfortunately, this understanding does not reflect the realism of litigation in the district courts, says J. Karl Gross of Leydig Voit & Mayer Ltd.
In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)
The recent U.S. Supreme Court decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. poses unique questions for many nonretail industries — especially biotech companies — which may require applicants to meet certain clinical or safety standards, says Jennifer Kearns at Duane Morris LLP.
In Lido Beach Towers v. Denis A. Miller Agency Inc. the New York state appeals court affirmed a lower court’s order dismissing all claims of negligence, breach of contract and cross-claims against the individual insurance broker, demonstrating that under certain circumstances an argument based on agency principles may relieve a broker from personal liability for the alleged acts of his principal, says Sara Ward Mazzolla at Bressler... (continued)