Appellate

  • March 27, 2015

    Ala. High Court Upholds $3.3M Award In Yamaha Rhino Suit

    The Alabama Supreme Court on Friday affirmed a $3.3 million award against Yamaha Motor Corp. U.S.A. in favor of a woman who was severely injured when her Rhino off-road vehicle flipped over while she was driving around her farm.

  • March 27, 2015

    3rd Circ. Should Uphold Horizon Settlement, Attys Say

    Horizon Blue Cross Blue Shield of New Jersey and counsel for a class of health care service providers have urged the Third Circuit to preserve a class action settlement resolving claims over unpaid reimbursements, saying the deal provides the best solution to the dispute, even for the objectors who appealed.

  • March 27, 2015

    Plea Deals Denied For 3 Tampa Attys Accused Of DUI Setup

    Describing proposed sanctions as “disproportionate and unacceptable,” a referee on Thursday rejected plea agreements entered for three attorneys at Tampa-based Adams & Diaco PA whom the Florida Bar has accused of setting up an opposing counsel's drunk driving arrest.

  • March 27, 2015

    Dillard's Underwear Model Loses Image Rights Appeal

    An underwear model who sued Dillard's Inc. and a modeling agency for using his image on underwear packaging without his permission was left empty handed after a Texas appeals court nixed his $4,500 jury award, ruling the statute of limitations had passed on his claim.

  • March 27, 2015

    2nd Circ. Says NY Health Law Not Preempted By ERISA, NLRA

    The Second Circuit on Friday affirmed a lower court ruling that said a section of the New York Public Health Law is not preempted by either the National Labor Relations Act or the Employee Retirement Income Security Act, finding plaintiffs’ arguments to be without merit.

  • March 27, 2015

    Marvell Says Teva Applies In High Court Bluetooth Patent Row

    Accused Bluetooth patent infringer Marvell Semiconductor Inc. continued its push for the U.S. Supreme Court to review a Federal Circuit ruling that vacated the patent licensor’s stipulation of noninfringement, arguing the decision can’t be squared with the high court’s Teva ruling.

  • March 27, 2015

    Workers, Atty Groups Side With Worker In Carnival Injury Row

    A group of nearly 600 former cruise ship workers and two advocacy groups have filed amicus briefs in support of a U.S. Supreme Court petition by a former Carnival Cruise Corp. employee who was injured on the job, challenging the enforceability of an arbitration clause exempting the company from liability under the Jones Act.

  • March 27, 2015

    Pa. Justices Snub Gross McGinley Bid To Ax Malpractice Row

    The Pennsylvania Supreme Court said on Friday it would not hear an appeal of a Superior Court decision reviving a $1.15 million legal malpractice complaint against Gross McGinley LaBarre & Eaton stemming from a real estate development dispute.

  • March 27, 2015

    11th Circ. Told Cost-Splitting Sinks Seaman Arbitration Clause

    A former seaman for Celebration Cruise Operator Inc. presented the Eleventh Circuit with an issue of first impression Friday, arguing that an order compelling foreign arbitration of a worker injury dispute should be reversed because of a clause requiring him to share costs.

  • March 27, 2015

    High Court Asked To Rein In Calif. On Arbitration Agreements

    California is the “single biggest offender” when it comes to states circumventing U.S. Supreme Court precedent requiring worker arbitration pacts to be enforced as written, a trio of employer groups said Thursday, urging the high court to grant a petition for review from a Bridgestone Corp. unit. 

  • March 27, 2015

    Navistar Didn't Waive Arbitration In Benefit Row: 6th Circ.

    The Sixth Circuit on Thursday vacated and remanded a district court’s ruling that Navistar International Corp.'s conduct during an Employee Retirement Income Security Act fight invalidated the arbitration clause in an agreement with a benefit committee, saying its refusal to arbitrate doesn’t constitute a waiver of the clause.

  • March 27, 2015

    11th Circ. Nixes Venezuelan Bank’s Claim Against BofA

    The 11th Circuit on Thursday affirmed a ruling tossing a suit that accused Bank of America NA of failing to inform a Venezuelan bond company it needed certain licenses for transactions in the United States, ruling that Arbitrajes Financieros SA did not prove it had a fiduciary relationship with Bank of America.

  • March 27, 2015

    9th Circ. Overturns Precedent In Mexican Torture Case

    The Ninth Circuit, sitting en banc, on Friday revived a petition for deferral of removal under the Convention against Torture by a Mexican man who says he was tortured by Mexican judicial police, overruling four of its prior precedential decisions.

  • March 27, 2015

    High Court Told To Kill Tyson Workers' $5.8M Don-Doff Award

    Tyson Foods Inc. wants the U.S. Supreme Court to overturn a $5.8 million judgment awarded to a class of employees in a compensation dispute over time spent putting on and taking off protective gear, according to a court filing made public Friday.

  • March 27, 2015

    9th Circ. Clears 1 Convict In Oil Investment Scheme

    The Ninth Circuit has overturned a conviction in an alleged scheme intended to defraud investors by telling them they were investing in oil and gas leases on an Indian reservation.

  • March 27, 2015

    Nonprofit Takes Texas Endangered Crane Suit To High Court

    A Texas environmental nonprofit has asked the U.S. Supreme Court to review whether the Fifth Circuit exhibited "appellate overreach" in reversing an injunction barring the Texas Commission on Environmental Quality from issuing new water permits for rivers that flow to coastal estuaries and house endangered whooping cranes.

  • March 27, 2015

    Enviros Ask 9th Circ. To Review Alaska Logging Plan

    Environmental groups on Thursday appealed a federal judge’s decision to toss their suit seeking to stop a huge old-growth timber sale from going forward in an Alaska national forest and asked for a temporary injunction while the appeal is made.

  • March 27, 2015

    Landowner Appeals 'Bad Faith' NJ Land Deal To High Court

    A New Jersey real estate developer has asked the U.S. Supreme Court to review its appeal of a New Jersey trial court ruling that was denied certification by the state's high court, saying it has been denied due process and $60 million in compensation for the taking of its land.

  • March 27, 2015

    Wal-Mart Plan Didn't Flout CEQA, Calif. Appeals Court Says

    A California appeals court refused Thursday to revive a citizen group's lawsuit claiming the city of Redlands violated the California Environmental Quality Act when it approved a shopping center anchored by a Wal-Mart Stores Inc. store, finding Redlands adequately considered the environmental consequences of the plan.

  • March 27, 2015

    Pilot Not Covered Under Garmin Policy, 10th Circ. Affirms

    Garmin International Inc.'s insurers have no duty to defend or indemnify a pilot who had installed a new Garmin navigation system in his private plane against claims arising from a 2008 crash, the Tenth Circuit affirmed Friday, concluding that the pilot doesn't qualify as an insured under the company's policy.

Expert Analysis

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say attorneys at Paul Hastings LLP.

  • BMC Software May Be Good News For Taxpayers

    S. Eric Wang

    For companies that have agreed to adverse transfer pricing adjustments in the year of the one-time dividends-received deduction under Section 965, the pending status of BMC Software Inc. v. Commissioner has chilled the prospect of creating receivables like BMC's. But taxpayers can be cautiously optimistic that the Fifth Circuit’s decision in the case will eventually resolve this issue favorably, say attorneys with Sullivan & Cromwell LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • An Assessment Of The Commil Briefings And Potential Fallout

    Matthew Berkowitz

    If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.

  • Some Background On Fed. Circ.'s CVD Ruling

    Neil Ellis

    The outcome in GPX International Tire Corp. v. U.S. was perhaps unsurprising, as the opposite result would have been contrary to the Federal Circuit’s long-standing disinclination to find constitutional flaws in the trade remedies statutes. It also would have led to significant uncertainty regarding the legality of eight years of countervailing duties proceedings involving nonmarket economy imports, agency determinations and tariff... (continued)

  • TTAB Litigation Just Got More Complicated, More Expensive

    Jane Shay Wald

    Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • Implied Easements And Lessons For Landowners

    Sylvia S. Arostegui

    For the first time in more than 50 years, a California appeals court effectively expanded the scope of an express written easement by granting a concurrent implied irrevocable license. Landowners simply can no longer assume that a written agreement will limit the rights of the parties if the factual circumstances would otherwise establish new or additional implied rights, says Sylvia Arostegui of Nossaman LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.