Appellate

  • January 27, 2015

    Muslim Rights Group Backs Visa Review At High Court

    Muslim rights organization the Council on American-Islamic Relations announced Tuesday that had co-filed an amicus brief asking the U.S. Supreme Court to uphold the Ninth Circuit’s finding that the government had improperly denied an Afghan national’s visa on terrorism-related grounds.

  • January 27, 2015

    9th Circ. Won't Revive EBay Sellers' Contract Claims

    The Ninth Circuit on Monday refused to revive eBay Inc. sellers' breach of contract class action alleging the online auction giant's delays in posting paid product listings deprived members of the full value of the service, saying the plaintiffs didn't provide a viable way to calculate classwide damages.

  • January 27, 2015

    Ford Rips Bid To Recuse All Pa. Justices In Asbestos Row

    Ford Motor Co. argued Monday that a Duane Morris LLP attorney’s role as special counsel to the Pennsylvania Supreme Court in an investigation into pornographic emails sent by an ex-justice did not require recusal of the entire bench in an asbestos-related appeal the lawyer is handling for the automaker.

  • January 27, 2015

    Insurer Not In Contempt In Hog Farm Odor Coverage Row

    An Illinois appeals court has reversed a lower court's finding that Country Mutual Insurance Co. Inc. was in indirect civil contempt for failing to comply with orders requiring it pay legal costs and fees in connection with an underlying suit regarding complaints over odors from a hog farm.

  • January 27, 2015

    High Court Fundraising Case Could Hinder Pa. Judicial Reform

    As the U.S. Supreme Court weighs the constitutionality of a Florida ban on judicial candidates personally soliciting campaign funds, advocates of judicial merit selection in Pennsylvania worry that overturning the ban would introduce even more friction into the state’s already flawed system for choosing judges.

  • January 27, 2015

    EPA Asks DC Circ. To Restore Water Transfer Rule

    The U.S. Environmental Protection Agency on Monday asked the D.C. Circuit to overturn a decision striking down a rule that exempted some water transfers from Clean Water Act permitting requirements, arguing it properly exercised its discretion in crafting the regulation.

  • January 27, 2015

    Whiteford Taylor Adds Ex-Sidley Austin Bankruptcy Vet

    Whiteford Taylor & Preston LLP has picked up a bankruptcy and appellate specialist who has just retired after 13 years as a partner and senior counsel focusing on the real estate and retail segments of bankruptcy at Sidley Austin LLP, the firm announced Tuesday.

  • January 27, 2015

    Financial Co. Dodges Texas Tax Investment Fraud Suit

    A Texas appeals court ruled Tuesday that a Tennessee-based financial company accused of participating in a tax shelter scheme involving Texas residents cannot be sued in the state because it lacks sufficient contacts there.

  • January 27, 2015

    6th Circ. Says Paperless Bank Retainer Valid Against FDIC

    An outside general counsel can pursue outstanding fees from a Detroit bank’s collapse into receivership without producing a written retainer agreement, the Sixth Circuit ruled Tuesday, rejecting the Federal Deposit Insurance Corp.’s broad reading of a critical documentation requirement.

  • January 27, 2015

    DOI May Owe Attys' Fees In Mining Permit Row, 9th Circ. Says

    A coalition of tribal and conservation groups won new life Monday in their bid to force the U.S. Department of Interior to pay their legal fees from a mining permit feud in Arizona, after the Ninth Circuit ruled the groups were eligible — but not necessarily entitled — to a fee award.

  • January 27, 2015

    Atty Who Sued Former Client Suspended Indefinitely

    An attorney who committed numerous violations, including representing a couple only to later sue the wife on behalf of the husband, will be suspended indefinitely from practicing law, Maryland's highest court ruled Tuesday.

  • January 27, 2015

    Oil And Gas Groups Challenge EPA's GHG Reporting Rule

    The American Petroleum Institute and the Gas Processors Association have asked the D.C. Circuit to review the U.S. Environmental Protection Agency’s new greenhouse gas reporting and confidentiality rules, which revised monitoring and data disclosure requirements.

  • January 27, 2015

    Inova, NLRB Take Last Jabs In DC Circ. Adverse Action Row

    The National Labor Relations Board has again urged the D.C. Circuit to enforce a June decision that ordered Inova Health System to reinstate a nurse the company faulted for “grossly offensive” behavior, while Inova told the appellate court the board has failed to justify its ruling.

  • January 26, 2015

    Investors Want $21M Insurance Beef In Art Swindle Revisited

    A group of art investors has urged the U.S. Supreme Court to reverse a district court's refusal to clarify or enforce its order dismissing a dispute with an AXA SA subsidiary over coverage for $21.6 million in losses from a notorious gallery swindle, saying the insurer was improperly allowed to dodge coverage in an identical state court suit.

  • January 26, 2015

    3rd Circ. OKs Sanctions In Telecom Exec.'s Bankruptcy

    The Third Circuit on Monday reinstated sanctions against counsel the former chief of a defunct telecommunications firm over the filing of an adversarial complaint in the executive's messy bankruptcy, saying the complaint was filed in bad faith and increased costs of the proceedings.

  • January 26, 2015

    Bharara’s Newman Appeal Faces Steep Odds In 2nd Circ.

    U.S. Attorney Preet Bharara likely will be given another shot at telling a federal appeals court why the government was correct to bring insider trading charges against a pair of hedge fund managers, but convincing the Second Circuit to reverse or even narrow the unanimous ruling of three of its judges will be a stiff challenge, attorneys say.

  • January 26, 2015

    Downey Financial Gets $370M Refund In FDIC Fight: 3rd Circ.

    A Third Circuit panel upheld a decision in favor of Downey Financial Corp.'s Chapter 7 trustee on Monday in a $370 million tax refund dispute with the Federal Deposit Insurance Corp., finding a tax sharing agreement with Downey’s subsidiaries ensured the funds are part of its bankruptcy estate.

  • January 26, 2015

    9th Circ. Upholds Conviction Of Harry Reid Fundraiser

    The Ninth Circuit on Monday refused to toss the conviction of an attorney and former Nevada lobbyist who allegedly made more than $130,000 in illegal campaign contributions to U.S. Senator Harry Reid’s 2010 re-election campaign, finding enough evidence to support the conviction.

  • January 26, 2015

    Texas Corp. Tells Court Stock Buyout Off The Table

    Courts cannot order the buyout of a minority shareholder’s stake in a corporation when a shareholder oppression claim is recast as a breach of fiduciary duty claim, a Texas company argued last week in a case remanded after a landmark Texas Supreme Court ruling.

  • January 26, 2015

    Fed. Circ. Backs TSI In Particle Detector Patent Suit

    The Federal Circuit on Monday affirmed a lower court's ruling that precision instruments maker TSI Inc. did not infringe a particle detector patent that the inventor also asserted against Lockheed Martin Corp. in a case that the U.S. Supreme Court declined to review earlier this month.

Expert Analysis

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. demonstrates that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • 10-K Conundrum: How SEC Filings Breed Employment Claims

    Jessica Linehan

    A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commission filings, say attorneys with Dorsey & Whitney LLP.

  • When Scientific Research Becomes False Advertising

    Sandra Edelman

    Publicizing the results of scientific research in advertising or promotional material may enhance a company’s reputation or increase product sales, but it is important to do so carefully. The Fifth Circuit's recent decision in Eastman Chem. Co. v. PlastiPure Inc. demonstrates that the use of scientific research can lead to liability for false advertising under the Lanham Act, says Sandra Edelman of Dorsey & Whitney LLP.

  • 4th Circ. Endorses FCA 'Implied Certification' Theory

    Anthony Anikeeff

    The recent decision in United States v. Triple Canopy Inc. makes government contracting in the Fourth Circuit a riskier business, say John S. Davis and Anthony Anikeeff of Williams Mullen.

  • Brand Owners Can Make Trademark Tacking Stick

    Mark Mutterperl

    The U.S. Supreme Court’s recent unanimous decision in Hana Financial Inc. v. Hana Bank — the court’s first substantive trademark decision in a decade — brings the relatively unknown tacking doctrine to the forefront of the debate over how to protect marks that subtly evolve over the course of decades, say attorneys with Bracewell & Giuliani LLP.

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • Jesinoski Presents Lenders With Difficult Questions

    Scott A. King

    In Jesinoski v. Countrywide Home Loans Inc., the U.S. Supreme Court broadly read the Truth in Lending Act’s rescission rights and will force lenders to make difficult decisions on requests to rescind a loan made years after it was funded, say Scott King and Richard Freshwater of Thompson Hine LLP.

  • To Err Is Costly: Why 2nd Circ. Enforced Faulty UCC Filing

    Mitchell P. Portnoy

    The Second Circuit last week declined to save a secured creditor who, as part of the termination of a $300 million General Motors financing, mistakenly also permitted the filing of a UCC3 termination statement pertaining to $1.5 billion in unrelated secured debt. The Second Circuit’s decision is not surprising, given long-standing case law, nor would the doctrine of mutual mistake help the bank, say attorneys with Troutman Sanders LLP.

  • High Court Weighs Gas Act Preemption In Antitrust Case

    Kenneth W. Irvin

    The U.S. Supreme Court recently heard oral argument in Oneok Inc. v. Learjet Inc., a case that raises an intriguing question about what the justices aim to achieve given the intervening expansion of the Federal Energy Regulatory Commission’s anti-manipulation authority in the 2005 Energy Policy Act, say attorneys with Cadwalader Wickersham & Taft LLP.