Appellate RSS

  • April 18, 2014

    Barnes & Thornburg Nabs Akin Gump Appellate Pro

    Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.

  • April 18, 2014

    Whistleblower Wants High Court's Stance On Leave To Amend

    A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.

  • April 18, 2014

    KBR Asks High Court To Review 'Burn Pit' Suits

    KBR Inc. is asking the U.S. Supreme Court to toss dozens of class actions from soldiers claiming they were injured by smoke inhaled from “burn pits” that the military contractor used to dispose of waste in Afghanistan and Iraq, arguing it can’t be held liable for the consequences of the U.S. Army’s wartime decisions.

  • April 18, 2014

    Logo Designer Takes Baltimore Ravens Suit To High Court

    A logo designer has asked the U.S. Supreme Court to review the Fourth Circuit's ruling freeing the Baltimore Ravens and NFL Enterprises LLC from paying him royalties for alleged infringement of his design, saying the appeals court erred in finding the defendants' use of the design in historical footage fit within the fair-use doctrine of the Copyright Act.

  • April 18, 2014

    High Court Fight Pits FDA Rules Against False Ad Claims

    Pom Wonderful LLC is expected to argue to the U.S. Supreme Court on Monday that its competitor Coca-Cola Co.'s juice label misled consumers in practice even if it complied with U.S. Food and Drug Administration rules, testing the extent to which the agency's regulations should block private lawsuits between companies.

  • April 18, 2014

    Solicitor General Can Argue In Pom, 8 Other High Court Cases

    The U.S. Supreme Court said Friday that the U.S. solicitor general can participate as amicus curiae next week in oral arguments in nine cases, including Pom Wonderful LLC's suit accusing competitor Coca-Cola Co.'s juice label of misleading consumers.

  • April 18, 2014

    Sierra Club Loses Fight Over Radioactive Waste License

    A Texas appeals court on Friday rejected the Sierra Club’s suit over a radioactive waste disposal license issued to the operator of a site in West Texas, upholding a decision by state regulators to deny the group an administrative hearing to challenge the license.

  • April 18, 2014

    4th Circ. Chills Challenges To Sham CPSC Database Reports

    Under a recent Fourth Circuit ruling, manufacturers looking to stop the Consumer Product Safety Commission from falsely disparaging their products on the Saferproducts.gov database must launch a public broadside against the agency, and attorneys say most will decide that the payoff isn’t worth the publicity.

  • April 18, 2014

    DC Circ. Backs EPA Cement Rule But Kills Private Suit Defense

    The D.C. Circuit on Friday upheld U.S. Environmental Protection Agency emissions standards for cement plants, but struck down an affirmative defense against private civil suits that was written into the rule, finding the EPA couldn't shield companies from penalties for malfunction-related violations.

  • April 18, 2014

    Jailed Texas Client Can Sue Attys Over Contempt Order

    A Texas appeals court on Thursday revived a suit against Bailey & Galyen in which a client alleged he landed in jail because the law firm mishandled and gave bad advice about discovery responses in his divorce, rejecting the Dallas boutique's defense to malpractice suits arising from criminal convictions.

  • April 18, 2014

    5 Tips For Winning Over The Texas Supreme Court

    Litigants trying to catch the attention of the Texas Supreme Court should focus on pithy summary of the argument sections, consider adding graphics to their briefs and, if they’re amici, get involved earlier in the process, the court’s justices say.

  • April 18, 2014

    Fed. Circ. Affirms Dismissal Of 3-D Printing Antitrust Case

    Resin maker DSM Desotech Inc. failed to prove that 3D Systems Corp. illegally tied its 3-D printers to the resin the machines use to construct objects, the Federal Circuit said Friday, affirming a ruling by an Illinois federal court.

  • April 18, 2014

    Justices Asked To Hear Race Bias Claims Over Ala. Tax Law

    A group of Alabama schoolchildren claiming that the state's property tax laws are unconstitutional and racist recently asked the U.S. Supreme Court to reconsider a January ruling by the Eleventh Circuit that they lacked standing to sue.

  • April 18, 2014

    Insurers Not Liable For Sports Co.'s $3M Noncompete Row

    A New York appeals court on Thursday freed two insurers from footing a $3.2 million judgment against a sports equipment company accused of lifting trade secrets after luring a competitor's employee, finding the policies did not cover violations of a corporation's privacy rights.

  • April 18, 2014

    Edwards Says Valve Ban Should Stand, Citing Scare Tactics

    Edwards Lifesciences AG urged the Federal Circuit on Thursday not to stay an order barring most U.S. sales of Medtronic Inc.'s allegedly infringing heart valve systems, disregarding Medtronic’s “alarmist” claims that patients will die as mere scare tactics and proposing a “properly tailored injunction.”

  • April 18, 2014

    NJ Court Revives Suit Over Enviro Agency's Property Taking

    A New Jersey appeals court on Friday revived an inverse condemnation suit against the state's Department of Environmental Protection, ruling a trial judge's dismissal of a realty company's suit relied too heavily on a prior appellate decision rather than the complaint.

  • April 18, 2014

    Ogletree Deakins Adds Employment Pro To Houston Office

    Ogletree Deakins Nash Smoak & Stewart PC announced Thursday that it has added a Gardere Wynne Sewell litigation and appellate attorney with expertise in labor law to its Houston office to strengthen its employment law and workplace safety and health practice groups.

  • April 18, 2014

    NJ Court Says CBA Gripes Can't Support Whistleblower Claims

    A New Jersey appellate panel on Thursday backed the dismissal of two Atlantic City nightclub employees’ whistleblower claims, ruling their allegations that tips were withheld from them and they were made to perform duties outside their job scope violated a collective bargaining agreement but weren't illegal.

  • April 18, 2014

    High Court Petitioned Over 2008 La. Ship Crash, Oil Spill

    American Commercial Lines LLC is asking the U.S. Supreme Court to clarify maritime laws on preventing ship collisions in inland channels, hoping to hold another ship owner liable for the 2008 sinking of an ACL barge that caused a large oil spill in the Mississippi River.

  • April 18, 2014

    Fed. Law Preempts Class Action Waiver: Calif. Appeals Court

    A California appeals court on Thursday reversed a trial court’s denial of an auto dealer’s bid to compel arbitration in a class action dispute with a group of car buyers, saying federal law preempted a state statute prohibiting class action waivers.

Expert Analysis

  • Should Bloggers Be Treated As Publishers Under Libel Law?

    Robert L. Rogers III

    The Florida appellate case of Comins v. VanVoorhis offers the latest in a small but growing number of debates over whether and, if so, what kinds of bloggers or publishers of Internet content should be afforded the same protection as print and broadcast journalists. Indeed, one of the more controversial points of contention for the Free Flow of Information Act bill still awaiting passage by Congress is a provision that narrowly defines "covered journalist" to exclude bloggers, says Robert Rogers of Holland & Knight LLP.

  • EEOC Investigations Bear Growing Court Scrutiny

    Basil C. Sitaras

    Following a pattern of decisions over the past year, the U.S. Equal Employment Opportunity Commission recently suffered another significant defeat due to its investigation process. Given the implications of the EEOC's defeat against Sterling Jewelers Inc., we anticipate the commission will appeal on matters concerning its conciliation efforts with employers, and, because of a clear circuit split, the U.S. Supreme Court may be the final arbiter on this issue, says Basil Sitaras of Day Pitney LLP.

  • Construction Defect Coverage Recap For 1st Quarter

    John A. Husmann

    The year 2014 has already yielded several noteworthy decisions from courts examining insurance coverage for construction defect claims. Collectively, these cases have dealt with the “occurrence” requirement, contractual liability exclusion and “other insurance” clauses, all of which are sure to affect stakeholders in the construction industry, say John Husmann and Jocelyn Cornbleet of BatesCarey LLP.

  • When Cooperative Agreement Is Really Procurement Contract

    Carlos Aksel Valdivia

    The Federal Circuit recently ruled that the Department of Housing and Urban Development could not sidestep federal competition requirements by using cooperative agreements, instead of procurement contracts, to outsource its contract administration services. Federal contractors should remain vigilant and determine whether their agencies’ use of cooperative agreements gives rise to a potential protest, say Carlos Aksel Valdivia and Gunjan Talati of Reed Smith LLP.

  • Conflict Minerals Law — Will The SEC Take It To The Banc?

    J. Robert Brown Jr.

    Given that the D.C. Circuit struck down a small aspect of the conflict minerals rule on First Amendment grounds, the U.S. Securities and Exchange Commission will have to decide its next step. To the extent that the agency opts to seek en banc review, it will presumably need to give some thought to the possible change in the pool of judges that could result from the suggested consolidation with another case, and the impact of this change on the outcome of a critical issue, says J. Robert Brown Jr. of Sturm College of Law at the University of Denver.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Good News For South Fla. Ponzi Schemers?

    Lawrence A. Kellogg

    In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.

  • A Blow To State Encroachment On Federal Turf

    Ethan M. Posner

    The Arkansas Supreme Court's decision in Ortho-McNeil-Janssen Pharmaceuticals Inc. v. Arkansas dealt a blow to state attorneys general seeking to take action in matters primarily within the jurisdiction of the U.S. Food and Drug Administration. The case could signal a court pushback against state encroachment into federal regulatory matters, and may curb the outsourcing of litigation to private counsel with financial incentives to pursue enormous recoveries in court, say attorneys at Covington & Burling LLP.

  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Far from being some secret Skull and Bones-like project, the American Law Institute's Principles of Liability Insurance are presently the most talked-about subject among liability insurance professionals. As for their possible significance for liability coverage issues, there wouldn’t be all this talk if there were nothing to see, says Randy Maniloff of White and Williams LLP.