Appellate

  • September 26, 2016

    9th Circ. Says 'Oui' To Considering French Aspects Of Case

    The Ninth Circuit held on Monday that a California federal court was correct to consider matters deemed to be outside the pleadings when trying to interpret a French legal remedy as part of a motion to dismiss a copyright infringement case, but that it ultimately got the interpretation wrong.

  • September 26, 2016

    Insurer Can't Recoup $2.8M Oil Spill Payment, 1st Circ. Told

    A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.

  • September 26, 2016

    Group Wants EPA Attys Sanctioned In 8th Circ. CWA Suit

    An industry coalition on Friday asked the D.C. Circuit to sanction counsel for the U.S. Environmental Protection Agency for not turning over documents that allegedly show the agency applied an Eighth Circuit finding that the agency improperly crafted water pollution rules only to the states in that circuit’s jurisdiction.

  • September 26, 2016

    Report Suggests Paths To High Court Broadcasts, Term Limits

    A group that wants the U.S. Supreme Court to adopt mandatory retirement ages or term limits and to begin broadcasting oral arguments says crisis, politics and closely watched cases have paved the way for those practices in some of the countries that have already implemented them and that the U.S. has ways to follow suit.

  • September 26, 2016

    U.S. To Argue In Samsung High Court Fight Over Apple Win

    The federal government will be allowed to argue that the Federal Circuit misread the Patent Act when it ordered Samsung to pay $400 million, or all the profits it earned on smartphones with features found to infringe Apple’s design patents, the U.S. Supreme Court said Monday.

  • September 26, 2016

    Fed. Circ. Backs Hulu's AIA Win On Video Patent

    The Federal Circuit on Monday upheld a Hulu win invalidating a patent for video streaming technology, finding that the Patent Trial and Appeal Board correctly decided the patent was anticipated under the U.S. Supreme Court's Alice decision.

  • September 26, 2016

    Fed. Circ. Says Carnitine Classified As Duty-Free

    In a precedential decision Monday, the Federal Circuit found carnitine qualifies as a duty-free vitamin, arguing that while adults may not need it for proper health, some infants may.

  • September 26, 2016

    Full Fed. Circ. Won’t Eye Ruling On New AIA Review Evidence

    The full Federal Circuit declined Monday to review a panel decision that companies challenging patents in America Invents Act reviews can present additional evidence of invalidity after a review is instituted, rejecting argument from the owner of a muscle disorder treatment patent that the decision was “clearly wrong.”

  • September 26, 2016

    Tilton Unlikely To Prevail In High Court Quest, SEC Says

    The U.S. Securities and Exchange Commission has responded to private equity magnate Lynn Tilton's application at the U.S. Supreme Court for a stay of a $200 million in-house fraud case against her and Patriarch Partners, saying there are other avenues available to her.

  • September 26, 2016

    Lloyd's Says Marina Owner Has No Case In Coverage Appeal

    Certain underwriters at Lloyd’s of London urged the Eighth Circuit Friday to affirm that an Arkansas marina owner’s losses from the destruction of several docks during a storm were caused by flooding and thus not covered, saying the marina owner’s contrary arguments and alleged prejudice simply “ring hollow.”

  • September 26, 2016

    Tech Groups Say IRS Cost-Sharing Rule Should Stay Dead

    Chipmaker Altera Corp. received the backing of key players in the technology sector Friday when a network of CEOs and trade associations urged the Ninth Circuit to affirm a U.S. Tax Court’s annulment of an Internal Revenue Service rule on stock-based compensation in cost-sharing agreements.

  • September 26, 2016

    7th Circ. Grants New Trial To Man On Death Row

    The full Seventh Circuit has overturned the 1998 triple-murder conviction of an Indiana man on death row, allowing for a new trial due to the wrongful withholding of evidence from earlier trials.

  • September 26, 2016

    Paradigm Tells 8th Circ. Pipelines' Finish Moots Tribal Appeal

    Paradigm Energy Partners LLC urged the Eighth Circuit on Friday to toss an appeal of a lower court's ruling preventing the Three Affiliated Tribes from interfering with the construction of a pair of pipelines underneath a lake on their reservation, arguing that the completion of the pipelines made the appeal moot.

  • September 26, 2016

    Clean Power Plan 'Epic' Power Grab, AGs Say

    The attorneys general for Texas and West Virginia blasted the U.S. Environmental Protection Agency's Clean Power Plan in advance of their arguments to nix the rule this week, maintaining Monday that the plan usurps state authority.

  • September 26, 2016

    FERC Ignored $683M Pipeline's Impact, Enviros Tells 2nd Circ.

    A handful of green groups continued to press the Second Circuit to wipe out the Federal Energy Regulatory Commission’s approval of Constitution Pipeline Co.'s proposed $683 million natural gas pipeline Friday, blasting the regulator’s contention that it had complied with environmental law.

  • September 26, 2016

    Propane Tank Buyers Urge 8th Circ. To Revive Antitrust Suit

    A group of direct purchasers of refillable propane tanks have urged the full Eighth Circuit to rehear arguments that they did not miss a deadline to file antitrust claims against Ferrellgas and AmeriGas, in a suit alleging the companies colluded to set prices and fill levels for the tanks.

  • September 26, 2016

    Green Party's Bid To Get On Ariz. Ballot Denied By 9th Circ.

    The Ninth Circuit on Friday upheld Arizona’s requirements that new political parties must file a petition within 180 days of a primary election to get on the ballot, saying the Green Party’s argument that the rule violates its constitutional rights is “purely speculative.”

  • September 26, 2016

    NJ High Court To Mull State's Subpoena Power In FCA Action

    The New Jersey Supreme Court said Friday it will review a finding that the state attorney general cannot subpoena two former employees of a pharmacy benefits company targeted in a False Claims Act suit because the deadline had passed for the state to intervene in the case.

  • September 26, 2016

    Klamath River Dam Removal Funding All Set, FERC Told

    PacifiCorp and a nonprofit entity created to shut down part of the Klamath Hydroelectric Project urged the Federal Energy Regulatory Commission on Friday to decide by the end of 2017 whether four dams on the Klamath River in California and Oregon can be transferred to the nonprofit prior to being demolished, saying the funding to complete the removal is in place.

  • September 26, 2016

    Obama's Climate Legacy At Stake In DC Circ. CPP Showdown

    After months of court filings and surprising pretrial rulings, an en banc D.C. Circuit on Tuesday will finally hear oral arguments in the biggest environmental and energy case in years: a massive challenge to the legality of the Clean Power Plan.

Expert Analysis

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • The Latest On Electronic Billboards In NJ

    Christopher John Stracco

    The Supreme Court of New Jersey recently reversed a decision prohibiting the placement of electronic billboards along Interstate 287 in Franklin Township. This ruling is contrasted with a Third Circuit decision that upheld an ordinance completely banning billboards in Mount Laurel Township, say attorneys with Day Pitney LLP.

  • Keeping The DOJ Discovery Playbook Secret

    Daniel Wenner

    Does the confidential "Federal Criminal Discovery Blue Book" help federal prosecutors ensure that the defense gets what they need to prepare their defense, or does it help those prosecutors fight against defense motions for more evidence? That’s what undoubtedly drove the National Association of Criminal Defense Lawyers to make its Freedom of Information Act request, says Daniel Wenner of Day Pitney LLP.

  • What The Fed Circ. Says About IPR Estoppel

    Mindy Sooter

    While the exact scope of the inter partes review estoppel provision has not been decided by the Federal Circuit, the issue has been raised by parties to appellate proceedings. In those cases, both the Federal Circuit and the U.S. Patent and Trademark Office have indicated that the estoppel might be narrower than many previously assumed, say Mindy Sooter and Gregory Lantier of WilmerHale.

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

  • When Demand Letters Constitute Extortion In California

    Felix Shafir

    In 2006, the California Supreme Court held that a lawyer’s prelitigation communications can constitute extortion. Ever since, lower courts have wrestled with how to distinguish between extortionate threats and proper demand letters. The most important distinction is between threats of civil litigation and threats of criminal prosecution, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • OPINION: Trump Wrong But Stop-And-Frisk Still Constitutional

    Katherine A. Macfarlane

    Republican presidential candidate Donald Trump said he would reduce crime in black communities by implementing stop-and-frisk practices nationwide, claiming that they worked “incredibly well” in New York. It's almost too easy to point out why he is wrong, but criticism that stop-and-frisk is unconstitutional misses its mark. The practice was legitimized 50 years ago by the U.S. Supreme Court, says Katherine Macfarlane, a professor ... (continued)

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • An Opportunity For Patentee To Win PTAB Appeal

    Gregory S. DeLassus

    The Patent Trial and Appeal Board is affirmed far more often than it is reversed at the Federal Circuit, and arguments about procedural defects with the PTAB process have proven particularly unsuccessful. However, arguments about the burden of production might well be an exception. This point is neatly illustrated in two recent cases — Natural Alternatives and Dynamic Drinkware, says Gregory DeLassus of Harness Dickey & Pierce PLC.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.