Appellate

  • October 29, 2014

    Nossaman Dodges Malpractice Suit In Hospital’s Leasing Row

    A California appeals court on Wednesday refused to revive a hospital operator’s suit accusing Nossaman LLP and an ex-partner of legal malpractice and breach of fiduciary duty in a property lease dispute, ruling the claims are blocked by a one-year statute of limitations.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    Calif. Panel OKs $6M Fee Award In Robert Half Settlement

    A California appeals court on Wednesday affirmed a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, ruling that a trial court did not err in using a percentage, instead of a lodestar, to calculate the award.

  • October 29, 2014

    No New AG Until Next Year, Holder Says

    U.S. Attorney General Eric Holder on Wednesday said he doesn’t envision a replacement taking over the top spot at the U.S. Department of Justice until 2015.

  • October 29, 2014

    2nd Circ. Says $211M In Borders Gift Cards Still Worthless

    The Second Circuit on Wednesday upheld a dismissal of appeals by customers seeking refunds for unredeemed gift cards they hold from bankrupt book retailer Borders Group Inc., saying the $210.5 million in claims were moot because they were filed after the liquidation plan was "substantially consummated."

  • October 29, 2014

    Merrill Lynch Foe Can't Up Arbitration Award In NJ Court

    A New Jersey appellate panel on Wednesday upheld an arbitration award assessed to Merrill Lynch Pierce Fenner & Smith Inc., denying an animal rescue charity’s request for over $10 million in punitive damages and attorneys’ fees stemming from overcharges on brokerage accounts.

  • October 29, 2014

    Fla. Appeals Court Says Client Wire Receipts Not Privileged

    A Florida appeals court on Wednesday rejected a request from law firm Sweetapple Broeker & Varkas PL to quash a discovery order for trust account wire receipts of a client's money transfers to the firm, saying the information is not protected by the attorney-client privilege.

  • October 29, 2014

    9th Circ. Shreds Stan Lee Media's Iron Man Lawsuit

    The Ninth Circuit on Wednesday tossed Stan Lee Media Inc.'s lawsuit against its former president, comic book legend Stan Lee, alleging it owns characters he created or co-created, including Spider-Man, Iron Man and the X-Men, calling the company's claim "simply implausible."

  • October 29, 2014

    2nd Circ. Unsure If NYC Can Limit Attys’ Debt Collections

    The Second Circuit on Wednesday asked a New York state appeals court to consider whether the New York City Department of Consumer Affairs can limit law firms trying to collect debts, after attorneys argued that only the state — not municipalities — can regulate attorney conduct.

  • October 29, 2014

    Teva Tells 3rd Circ. Other Rulings Back Lamictal Dismissal

    Teva Pharmaceutical Industries Ltd. urged the Third Circuit on Tuesday not to revive a suit over a no-authorized-generic deal between the company and GlaxoSmithKline PLC regarding Lamictal, claiming that dismissals in other antitrust cases support the notion that the U.S. Supreme Court’s Actavis ruling has limited reach.

  • October 29, 2014

    Fed. Circ. Won't Revive Expired Harvard Mice-Testing Patent

    The Federal Circuit on Wednesday upheld a Virginia federal judge's determination that a Harvard University and E.I. DuPont de Nemours and Co. patent for a clinical testing method that uses transgenic mice had expired.

  • October 29, 2014

    Union's CBA Law Noncompliance Voids Wage Hike: Pa. Court

    The Pennsylvania Commonwealth Court on Wednesday agreed with a lower court that a union's failure to abide by state law requirements governing the process for selecting an arbitration panel voided a wage increase ultimately won by police officers in Gettysburg.

  • October 29, 2014

    5th Circ. Favors Homeowners In Defect Exclusion Fight

    The Fifth Circuit handed a win to two homeowners on Wednesday by revisiting an earlier ruling that Mid-Continent Casualty Co. correctly applied a contractual liability exclusion, after the homeowners argued that the earlier ruling conflicts with a Texas Supreme Court decision that narrowed the exclusion's scope.

  • October 29, 2014

    Wells Fargo Must Pay $203M Overdraft Award, 9th Circ. Says

    Wells Fargo Bank NA can't escape a $203 million class action penalty for misrepresenting the way it processed debit cards in order to maximize overdraft fees, a Ninth Circuit panel ruled Wednesday, saying the bank's false statements support the lower court's decision.

  • October 29, 2014

    Federal Judge, Wife Want Sperm Bank Row Heard In Philly

    A lawsuit accusing Morris & Clemm PC of pursuing frivolous claims against the wife of a federal judge over storage costs related to her fertility clinic was improperly transferred out of Philadelphia County into the suburbs where the original litigation took place, a Pennsylvania appeals court heard Wednesday.

  • October 29, 2014

    Fla. Plaintiffs Want Stay Lifted In Same-Sex Marriage Case

    Plaintiffs fighting Florida's same-sex marriage ban on Wednesday asked a judge who deemed the ban unconstitutional to lift a stay that allows the state to continue to enforce the ban while state and federal appeals courts take up the issue.

  • October 29, 2014

    ND Top Court Upholds Restrictions On Medication Abortions

    A North Dakota law that severely restricts access to drug-induced abortions will remain in place after the state’s highest court failed on Tuesday to reach an agreement on whether the law is unconstitutional.

  • October 29, 2014

    Texas Court Rejects Bid To Bar Anadarko Wells In Eagle Ford

    A Texas appeals court on Wednesday rejected Lightning Oil Co.’s argument it would suffer irreparable harm if an Anadarko Petroleum Corp. unit were allowed to drill horizontally through its Eagle Ford Shale mineral estate to reach Anadarko-owned oil and gas underlying adjacent property.

  • October 29, 2014

    Conciliation Not Open To Review, EEOC Tells High Court

    The U.S. Equal Opportunity Employment Commission has told the U.S. Supreme Court to uphold a Seventh Circuit decision forbidding courts from second-guessing the agency's required efforts to conciliate bias claims before suing employers, saying Congress never intended for such reviews.

  • October 29, 2014

    Pa. Superior Court Urged To Nix $15M In Topamax Verdicts

    The Pennsylvania Superior Court was urged during oral arguments Wednesday to throw out a pair of verdicts awarding $15 million to two plaintiffs who filed suit against a Johnson & Johnson subsidiary alleging that the epilepsy drug Topamax caused birth defects in their children.

Expert Analysis

  • 7th Circ. LCD Antitrust Case: Foreign Vs. US Interests

    Bob Bloch

    To preserve the delicate balance between antitrust enforcement and international comity inherent in the Foreign Trade Antitrust Improvements Act, the Seventh Circuit in Motorola Mobility LLC v. AU Optronics Corporation will need to weigh carefully the views of foreign agencies against the U.S. Department of Justice’s interest in prosecuting foreign cartels that harm U.S. consumers, say attorneys with Mayer Brown LLP.

  • Judge Blocks NJ Sports Betting — What's Next?

    Daniel Wallach

    Less than 48 hours before Monmouth Park Racetrack was to open the first legal sports book in New Jersey, U.S. District Judge Michael Shipp put a temporary halt to those plans. Oral argument on the leagues’ application for a preliminary injunction is scheduled for Nov. 20. Can we expect a different outcome? Don’t bet on it, says Daniel Wallach of Becker & Poliakoff PA.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • 7th Circ. Just Helped CERCLA Defendants Limit Liability

    Rick R. Rothman

    The Seventh Circuit in U.S. v. P.H. Glatfelter appears to have greatly expanded the applicability of the apportionment defense, which, if successful, can shield a potentially responsible party from joint and several liability under the Comprehensive Environmental Response, Compensation and Liability Act, say attorneys at Bingham McCutchen LLP.

  • A Reasonable Measure Of Unreasonably Small Capital

    Brad Eric Scheler

    A Delaware district court ruling in the case of SemCrude LP is an important reminder that in determining whether a debtor had unreasonably small capital to support a fraudulent transfer claim, a court’s analysis must be based on reasonable foreseeability regarding whether the debtor would be able to continue to generate sufficient cash flow after the transaction, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • A Constitutional Challenge To EPA's 'Clean Power Plan'

    Scott C. Oostdyk

    Though the U.S. Environmental Protection Agency believes it can compel states to enforce the Clean Power Plan, the law states otherwise. Unless the EPA disclaims any intent to usurp state police power a constitutional challenge will be ripe, say Scott Oostdyk and E. Duncan Getchell Jr. of McGuireWoods LLP.

  • How Esquenazi Will Play Out In Emerging Economies

    Jim Dowden

    Given the U.S. Supreme Court’s denial of a writ of certiorari in United States v. Esquenazi, it is important to digest the import of the Eleventh Circuit’s opinion and how it will play out in emerging economies. Companies with operations in these markets are at the mercy of a number of factors that weigh heavily in favor of state-owned entities qualifying as “instrumentalities,” say Jim Dowden and Samad Pardesi of Ropes & Gray LLP.

  • The Significance Of 2nd Circ.’s Indian Harbor Decision

    Robert W. DiUbaldo

    The Second Circuit’s decision in Indian Harbor Insurance Co. v. The City of San Diego involving a pollution and remediation legal liability insurance policy reinforces that the mandates imposed on insurers by Section 3420 of the New York Insurance Law do not apply unless all of the various elements of the statute are implicated. This is not only relevant to a liability insurer’s ability to disclaim coverage based upon late notice, ... (continued)