Appellate

  • July 22, 2014

    Insurance Cases To Watch In The 2nd Half Of 2014

    Insurance attorneys are on the lookout for long-awaited guidance from California's high court on when policyholders can transfer their rights under insurance policies during mergers, acquisitions and corporate restructurings, among other groundbreaking rulings that may come down in the latter half of 2014.

  • July 22, 2014

    Gov't Not Immune From FCRA Damages, 7th Circ. Rules

    The Seventh Circuit ruled Tuesday that the federal government isn’t shielded from damages for violations of the Fair Credit Reporting Act, but still upheld on separate grounds the dismissal of an attorney’s class action over the government's alleged unlawful disclosure of his credit card information.

  • July 22, 2014

    BP, Anadarko Want 2nd Shot At 5th Circ. Deepwater Decision

    BP PLC and Anadarko Petroleum Corp. asked the Fifth Circuit on Monday for another chance to show they were not liable for Clean Water Act violations tied to the Deepwater Horizon disaster and potentially billions in penalties, arguing the rig operators were liable.

  • July 22, 2014

    John Travolta Must Face Alleged Ex-Lover's Lawsuit

    John Travolta must face a lawsuit brought against him by a man who worked for Travolta’s aircraft company approximately 30 years ago and is insisting he isn’t barred by confidentiality agreements from discussing an alleged intimate relationship with Travolta, a California appeals court held on Tuesday.

  • July 22, 2014

    ACA Subsidies Likely To Survive, Despite Circuit Split

    Government subsidies on the Affordable Care Act’s federal exchanges will almost certainly survive despite conflicting rulings issued Tuesday from two circuit courts, although a messy judicial and legislative process may play out for years before the financial assistance is secure nationwide, experts say. Here's how the courts ruled and what could happen next.

  • July 22, 2014

    Texas Court Says State Workers Can't Be Served Via AG

    A Texas appeals court on Tuesday dismissed medical malpractice claims against a nurse who worked at a University of Texas-affiliated hospital, ruling the plaintiff failed to meet statutory requirements by serving an expert report on the state attorney general’s office instead of the nurse.

  • July 22, 2014

    Co. Must Prove Injured Worker Was Undocumented: Court

    The Pennsylvania Supreme Court ruled Tuesday that an employer seeking to terminate workers' compensation benefits bears the burden of proving that the injured employee in question cannot obtain another job because he is in the U.S. illegally.

  • July 22, 2014

    KPMG Beats Auditors' OT Claims In 2nd Circ.

    The Second Circuit ruled Tuesday that despite their entry-level positions, KPMG LLP audit associates have a level of specialized knowledge and professional discretion that makes them exempt from federal overtime requirements.

  • July 22, 2014

    Recorded Marital Communication Isn't Evidence: NJ High Court

    The Supreme Court of New Jersey on Tuesday said communication between spouses cannot be admitted as evidence in a criminal trial, even if captured via wiretap, but recommended the Legislature amend evidentiary rules to withhold such protections for conversations used to further a crime.

  • July 22, 2014

    9th Circ. Snubs $200M Planned Parenthood FCA Suit

    The Ninth Circuit on Tuesday affirmed the dismissal of a former California Planned Parenthood executive's False Claims Act suit alleging the nonprofit overbilled state and federal governments for more than $200 million for birth control, saying the complaint was flawed and the action was time-barred.

  • July 22, 2014

    Mo. Appeals Court Reopens Ameren Coal Ash Landfill Case

    A Missouri appeals court on Tuesday revived a case brought by several Franklin County residents challenging Ameren Missouri's proposal to build a coal ash landfill near their homes, saying the county commission failed to hold a public hearing before signing off on the plan.

  • July 22, 2014

    Pa. High Court Clears Bankrupt Insurer In $12M Warranty Row

    Pennsylvania's high court on Monday freed defunct Reliance Insurance Co. from covering nearly $12 million in product warranty reimbursement claims from Warrantech Consumer Products Services Inc., interpreting for the first time a section of the state insurance insolvency statute.

  • July 22, 2014

    NFL Retirees Ask 3rd Circ. To Review Concussion Deal

    Seven former NFL players including Pittsburgh Steelers star Alan Faneca told the Third Circuit on Monday that a Pennsylvania federal judge should not have granted preliminary approval to the controversial concussion settlement they claim excludes the ailments of several players in the proposed class. 

  • July 22, 2014

    Hasbro Toy Buyers Relied On False Ads, Calif. Panel Told

    The dissatisfied buyer of a Hasbro Inc. Tinkertoy set urged a California appeals court Tuesday to revive her putative false advertising class action, saying a trial court erred in ruling consumers didn't rely on labeling showing models that couldn't be constructed with the set when making their purchases.

  • July 22, 2014

    $10M J&J Motrin Verdict Upheld By Pa. Appeals Court

    The Pennsylvania Superior Court on Tuesday upheld a $10 million verdict levied on a Johnson & Johnson unit on behalf of a girl who suffered skin burns and blindness after taking Children's Motrin to treat a fever and cough.

  • July 22, 2014

    Stiefel Calls 11th Circ. Ruling On Duty To Disclose Confusing

    Stiefel Laboratories Inc. has asked the Eleventh Circuit to reconsider a ruling affirming a $1.5 million victory for a former sales representative who says the company misled him into selling shares at an artificially low price before a merger, arguing that the decision as it stands creates confusion for corporate actors regarding disclosure.

  • July 22, 2014

    Vitamin C Makers Tell 2nd Circ. To Uphold Chinese Law

    North China Pharmaceuticals Group Corp. and HeBei Welcome Pharmaceuticals Co. on Monday told the Second Circuit that reversal of a verdict against them in a vitamin C price-fixing class action was necessary because the purchasers who brought the suit admitted that the companies’ coordination was required by Chinese law.

  • July 22, 2014

    Inquirer Hits Back At Pa. Justice's Libel Suit

    The Philadelphia Inquirer has responded to a libel suit from Pennsylvania Supreme Court Justice Seamus McCaffery, saying that the justice and his wife were public officials and that the paper was protected by the U.S. Constitution’s First and Fourteenth Amendments.

  • July 22, 2014

    4th Circ. Contradicts DC Circ. In ACA Subsidies Debate

    The Fourth Circuit on Tuesday determined that the federal government could subsidize insurance premiums on the federal Affordable Care Act exchange because the tax credits support the mission of the health care reform law, coming in conflict with a D.C. Circuit opinion released just hours before.

  • July 22, 2014

    Noel Canning Has No Bearing On 3rd Circ. Ruling, NLRB Says

    National Labor Relations Board attorneys told the Third Circuit on Monday that the U.S. Supreme Court's recent decision invalidating three appointments to the board should not impede on a case over a rehabilitation center's refusal to bargain with a nurses union.

Expert Analysis

  • Common-Enterprise Theory And Wyndham Data Security Case

    Archis Parasharami

    For the past two years, a federal court in New Jersey has considered important data security issues in the Federal Trade Commission v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news — and made clear that the stakes are as high as ever, say Archis Parasharami and Stephen Lilley of Mayer Brown LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 6th Circ. Errs In Conflating Primary With Excess Insurance

    Richard C. Mason

    The Sixth Circuit’s IMG Worldwide v. Westchester Fire Insurance Co. decision needlessly eliminates consumer choice — and promises to increase declaratory judgments by excess insurers who heretofore had not needed to preemptively involve the courts, says Richard Mason, co-chairman of Cozen O’Connor PC's professional liability insurance coverage and reinsurance practices.

  • Calif. Is Particular About Secondary Exposure Liability

    Joel B. Crane

    Two California appellate courts recently decided cases that will significantly impact secondary asbestos exposure claims, differentiating between product manufacturers and premises owners, and may ultimately invite clarification from the California Supreme Court, say Joel Crane and Danila Toscano of Sedgwick LLP.

  • 4th Circ. Provides Guidance On Nondebtor Releases

    Jason W. Harbour

    The Fourt Circuit's second opinion in the case of National Heritage Foundation shows that it is imperative for the proponent of a nonconsensual nondebtor release to provide appropriate evidence to justify approving such a release, although the court did not draw a bright line as to how many of the six Dow Corning factors must be satisfied, say Jason Harbour and Tara Elgie of Hunton & Williams LLP.

  • Protections Remain In Place For Ga. Officers, Directors

    J. Timothy Mast

    The Georgia Supreme Court’s highly anticipated decision in Federal Deposit Insurance Corp. v. Loudermilk clarifies the protections afforded by the business judgment rule to directors and officers of banks and corporations, and proves that the “wisdom” of corporate decisions continues to be shielded from claims of ordinary negligence, say attorneys with Troutman Sanders LLP.

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Class Certification In A Post-Halliburton II World

    Mark I. Gross

    After the U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund Inc., the landscape for securities fraud class actions has been altered with the addition of price impact to analysis, which will certainly keep testifying experts busy for the foreseeable future, says Marc Gross of Pomerantz LLP.

  • Calif. Retailers Are Not Required To Have AEDs, Yet

    Edward A. Stumpp

    The California Supreme Court's Verdugo v. Target Corp. is a reprieve — likely a temporary one — and falls short of providing guidance retailers can rely on in deciding whether to make automated external defibrillators available on their premises, say Edward Stumpp and Mitchell Langberg of Brownstein Hyatt Farber Schreck LLP.