Appellate

  • November 21, 2014

    Texas Justices Take On Retaliation Suit Against Utility

    The Texas Supreme Court on Friday agreed to hear a $1.3 million suit over whether a San Antonio woman was illegally let go for counseling a former boss at San Antonio Water System against having lunch with female employees.

  • November 21, 2014

    Calif. Court Takes On Jurisdiction Dispute In Plavix Suit

    The California Supreme Court has agreed to decide whether state courts have jurisdiction over out-of-state plaintiffs’ claims that Bristol-Myers Squibb Co. falsely advertised its blood thinner Plavix after the U.S. Supreme Court’s landmark Daimler v. Bauman decision.

  • November 21, 2014

    Insurer Asks 5th Circ. For Rehearing In Home Defect Row

    Mid-Continent Casualty Co. has asked the Fifth Circuit to review its reversal of an earlier decision that the insurer had correctly applied a contractual liability exclusion, arguing the panel mistakenly held that replacing two homeowners’ defective foundation represented property damage.

  • November 21, 2014

    Suspended Atty Asks Justices To Look At Discipline In Calif.

    A California lawyer told the U.S. Supreme Court that her state’s high court has been ignoring its duty to review attorney appeals of state bar disciplinary proceedings for the past 14 years in violation of the U.S. Constitution, according to her petition for writ of certiorari.

  • November 21, 2014

    Bondholders Assert Appeal Rights In Libor Fixing Case

    Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.

  • November 21, 2014

    11th Circ. Asked To Revive Fraud Claims Over Chinese Pharma

    Investors in a putative class action against Chinese drugmaker Jiangbo Pharmaceuticals Inc. argued Friday in Miami that the Eleventh Circuit should reverse a lower court's dismissal of their case against the company's former chief financial officer and former auditing firm for failure to adequately plead their claims.

  • November 21, 2014

    Texas Justices Say Court Misread Gas Contract Ruling

    The Texas Supreme Court held Friday that an appeals court erred in determining it could not review questions about whether Wolf Hollow I LP was owed damages in a contract dispute with El Paso Marketing LP, finding the appeals court misinterpreted an earlier high court ruling.

  • November 21, 2014

    DMA Challenges Budget Impact Of Colo. Amazon Tax Law

    The Direct Marketing Association is highly skeptical that Colorado’s so-called "Amazon tax" will substantially impact the state's budget and wants the U.S. Supreme Court to revive its challenge against the law, saying federal courts can hear the matter, contrary to a Tenth Circuit ruling.

  • November 21, 2014

    Calif. City Defends Expert In High Court Water Pollution Case

    The city of Pomona, California, has asked the U.S. Supreme Court to reject SQM North America Corp.’s petition to review the Ninth Circuit’s reinstatement of expert testimony in the city’s suit blaming the chemical manufacturer for perchlorate contamination in the public water system.

  • November 21, 2014

    Judicial Fundraising Ban Violates Free Speech, Justices Told

    A Florida attorney fighting the state's ban on judicial candidates personally soliciting for campaign funds on Monday told the U.S. Supreme Court that the prohibition is a content-based limitation on campaign speech that violates the First Amendment.

  • November 21, 2014

    Texas High Court Takes On Suit Over Boeing Lease Disclosure

    The Texas Supreme Court said Friday it will hear arguments in The Boeing Co.'s attempt to keep its lease for part of an abandoned Air Force base under wraps after Texas' attorney general said the terms should be disclosed under the Texas Public Information Act.

  • November 21, 2014

    High Court Asked To Review Janus Criminal Relevance

    A former Busybox.net attorney on Wednesday asked the U.S. Supreme Court to review a Fourth Circuit decision in his fraud case that he says would unsettle securities markets and expand the definition of primary liability in both criminal cases and securities enforcement actions.

  • November 21, 2014

    Texas Supreme Court Buries TCEQ Worker's Retaliation Suit

    The Texas Supreme Court on Friday held that a Texas Commission on Environmental Quality worker’s report to a state senator and her supervisor alleging the agency improperly paid illegal immigrants under a vehicle emissions reduction program doesn’t qualify for protection under the Texas Whistleblower Act.

  • November 21, 2014

    AmFin Asks High Court To Review $170M Tax Refund Dispute

    AmFin Financial Corp. has asked the U.S. Supreme Court to review a Sixth Circuit reversal that rescinded a $170 million tax refund sought by the Federal Deposit Insurance Corp., saying the ruling created a circuit split over what property is excludable from a bankruptcy estate.

  • November 21, 2014

    Pa. Tort Revamp Gets High Marks From Both Sides

    Attorneys from both sides of the bar found much to cheer in a landmark Pennsylvania Supreme Court ruling overhauling product liability law in the state, with defense attorneys hailing an end to slanted jury instructions and plaintiffs lawyers celebrating a continued focus on the defects of a product rather than the conduct of the manufacturer.

  • November 21, 2014

    Job Applicants Not 'Employees' Under FCA, 6th Circ. Says

    The False Claims Act's whistleblower protections don't extend to job applicants because they don't qualify as employees, the Sixth Circuit held, upholding the dismissal of a landfill manager's retaliation suit against EnergySolutions Inc. under the FCA and several environmental statutes.

  • November 21, 2014

    Enviros Sue Ohio Over Alleged Illegal Fracking Waste Permits

    Food and water advocacy groups filed suit against Ohio Gov. John Kasich and the state’s Department of Natural Resources in a state appeals court this week for allegedly approving at least 23 fracking waste handling, storage, processing and recycling facilities without going through the proper rulemaking procedures.

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    3rd Circ. Mulls Yahoo Text Service In TCPA Class Action

    A federal judge wrongly dismissed a putative class action against Yahoo Inc. after concluding that unsolicited text messages sent to a Philadelphia man could not be counted as a computerized, unsolicited phone call under the Telephone Consumer Protection Act, a Third Circuit panel heard during oral arguments Friday.

  • November 21, 2014

    NYPD Can't Dodge Suit Seeking Muslim Surveillance Docs

    The New York City Police Department cannot dodge a suit seeking records pertaining to alleged surveillance of Muslim students in New Jersey, as a New York state judge says he is unconvinced he should adopt a common law exception to a federal public records law in his interpretation of state law.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Do Lawyers Enjoy Immunity In Drafting Orders For Judges?

    Matthew J. O’Hara

    Not only does the Ninth Circuit decision in Burton v. Infinity Capital Management create a circuit split, but it also exposes lawyers who act at the direction of judges to potential liability — and thereby has the potential of undermining what is ordinarily an orderly process to assist in the administration of the judicial system, says Matthew O’Hara, co-leader of Hinshaw & Culbertson LLP's lawyers professional liability practice group.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Solace For Wis. Suppliers Over Defective Components

    Jeffrey O. Davis

    Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. is important for all manufacturers since the decision correctly found that defective components that ruin an end product are covered under a standard general liability policy, but with an important caveat — the fully integrated product must be ruined by the defective component, say attorneys at Quarles & Brady LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Updating Our Understanding Of The FMLA: Part 3

    Linda Dwoskin

    The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • 9th Circ. Limits Twombly, Iqbal Pleading Standards

    Steven Wilamowsky

    In addition to establishing limits on the equitable mootness doctrine in bankruptcy, the Ninth Circuit’s Mortgages Ltd. decision last week confirms that the tightened federal pleading standards ushered in by Twombly and Iqbal do not give courts license to summarily disregard a party’s factual allegations at the pleading stage simply because they choose not to believe those allegations, say Steven Wilamowsky and Alix Brozman of Bing... (continued)

  • Updating Our Understanding Of The FMLA: Part 2

    Linda Dwoskin

    While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.