Appellate

  • November 26, 2014

    Safety Group Can't Intervene In $175M FCA Suit, 5th Circ. Told

    Trinity Industries Inc. has urged a Fifth Circuit panel to not allow the Center for Auto Safety to intervene in a $175 million False Claims Act suit accusing Trinity of selling dangerous guardrails to the Federal Highway Administration, saying that the district court has already agreed to evaluate whether to unseal the documents the center is seeking.

  • November 26, 2014

    Appeal In NJ Wind Energy Project Won't Be A Breeze

    Efforts to build New Jersey's first offshore wind farm have shifted back to appellate court now that state regulators have again denied the project, but developer Fishermen's Energy LLC faces a difficult task in overcoming the deference afforded to administrative agencies and showing that the rejection was unreasonable.

  • November 26, 2014

    Calif. High Court To Review Malpractice Cap Law

    California’s high court will review the constitutionality of the state’s $250,000 cap on damages in medical malpractice suits, less than a month after voters summarily rejected a measure that would have raised the cap to $1 million, according to a consumer advocacy group on Wednesday.

  • November 26, 2014

    Fla. Supreme Court Backs Gambling Permit Conversion Law

    The Florida Supreme Court on Wednesday reversed an appeals court's finding that a 2010 statute allowing the conversion of certain gambling permits was unconstitutionally a special law passed under the guise of being a general law, ruling Wednesday that supporters offered a reasonable interpretation in keeping with legislative intent.

  • November 26, 2014

    Texas City Immune From Atty Fees In Energy Contract Dispute

    A Texas appeals court on Wednesday rebuffed a plea for attorneys' fees from Wheelabrator Air Pollution Control Inc. in a contract dispute alleging that the city of San Antonio owed money to two industrial contractors, finding that the city public service board had governmental immunity.

  • November 26, 2014

    2 Years On, FCA Battles Test Caronia Ruling's Reach

    Two years after the Second Circuit’s Caronia ruling gave free speech cover to off-label drug promotion, the U.S. Department of Justice has become shrewder about bringing False Claims Act cases involving dicey marketing, and imminent rulings are poised to shape the decision’s reach, experts say.

  • November 26, 2014

    Oil Co. Gets Backup In High Court Appeal Of Spill Rules

    A Louisiana oil and gas exploration company asking the U.S. Supreme Court to hear its arguments against the government’s addition of new oil spill response requirements to its drilling lease got backup from industry and libertarian groups, who filed amicus briefs on the company’s behalf.

  • November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit on Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    State Farm’s $310M Texas Rate Fight Sent Back To Regulator

    A Texas appellate court on Wednesday largely rebuffed State Farm Lloyd’s challenge of a Texas Department of Insurance order to refund homeowners insurance policyholders about $310 million for excessive rates charged over a five-year period, but held the agency’s rate calculation for several of those years was arbitrary and capricious.

  • November 26, 2014

    DOJ Knocks Apple's 6th Circ. Nod In E-Books Appeal

    The U.S. Department of Justice on Tuesday challenged Apple Inc.'s argument that a recent Sixth Circuit ruling supports the reversal of a ruling that it conspired to drive up e-book prices, saying the tech giant hadn't shown how the other case applied to its Second Circuit appeal.

  • November 26, 2014

    Greenberg Traurig Can't Arbitrate $10M Malpractice Suit

    A California appellate panel on Tuesday ruled that Greenberg Traurig LLP can't force a group of real estate developers to arbitrate a $10 million breach of contract suit arising from the botched sale of a Downtown Los Angeles building, saying the firm's arbitration provision only covered conflict of interest claims.

  • November 26, 2014

    Defunct Firm Boss Liable For $4.4M Owed To Atty, Court Says

    A California appellate court on Wednesday affirmed a trial court’s ruling that a name partner of bankrupt law firm O’Reilly & Collins should be on the hook for nearly $4.4 million owed to a former partner for unpaid wages and breach of contract, saying the order didn’t violate a bankruptcy court’s automatic stay.

  • November 26, 2014

    5th Circ. Told Texas Abortion Law Overburdens Providers

    A group of Texas abortion providers on Monday responded to a Fifth Circuit appeal by officials and anti-abortion groups to uphold a controversial state abortion law that could shutter all but seven clinics, arguing that the new rules place an unreasonable burden on abortion facilities.

  • November 26, 2014

    9th Circ. Urged To Scrap 'Innocence Of Muslims' Injunction

    A chorus of technology companies, news organizations and online rights groups threw their support behind Google Inc. on Tuesday, telling the Ninth Circuit to overturn its controversial ruling that forced the tech giant to pull an anti-Islam video from YouTube.

  • November 26, 2014

    Dragon Tells 1st Circ. It Missed Facts In $580M Goldman Suit

    Dragon Systems Inc.'s founders Tuesday urged the First Circuit to rehear en banc their bid to revive a consolidated $580 million negligence suit alleging Goldman Sachs & Co. failed to assess the stability of the company buying their speech technology firm, saying a panel ignored crucial facts.

  • November 26, 2014

    Colo. Pols Ask Supreme Court To Allow TABOR Challenge

    A group of Colorado state lawmakers and educators have asked the U.S. Supreme Court to allow their challenge to the state’s taxpayer bill of rights to proceed over the objections of Colorado Gov. John Hickenlooper.

  • November 26, 2014

    Urban Outfitters Seeks Revival Of Hanover Coverage Suit

    Retailers Urban Outfitters Inc. and Anthropologie Inc. have urged the Third Circuit to revive a coverage lawsuit over Hanover Insurance Group Inc.'s refusal to cover defense costs associated with class actions related to the collection of customers' ZIP codes, saying coverage exclusions were construed too broadly by the lower court.

  • November 26, 2014

    NJ Court Says Borough Approval Not Needed To Modify Dam

    New Jersey's appellate court on Wednesday cleared United Water New Jersey Inc. to modify a dam facility prone to cause flooding, ruling state law preempts the Borough of Hillsdale’s bid to apply its land use requirements to the project because the state's environmental regulator has jurisdiction.

  • November 26, 2014

    Pa. Justices To Hear Appeal Of Libel Suit Against Newspaper

    The Pennsylvania Supreme Court has agreed to hear an appeal of a March ruling that revived a Luzerne County business owner’s libel suit accusing a Scranton newspaper of mistakenly reporting that he was subject of a federal investigation.

  • November 26, 2014

    Fla. Police Lose Age Discrimination Suit In 11th Circ.

    The Eleventh Circuit ruled Wednesday that a group of police officers from Miami Beach, Florida, failed to establish claims of age discrimination against the City of Miami Beach and the Miami Beach Fraternal Order of Police, and affirmed a summary judgment for the defendants.

Expert Analysis

  • Amgen Likely To Be Leading Case Affecting ERISA Pleading

    Fred T. Isquith

    Given the Ninth Circuit decision in Harris v. Amgen Inc., practitioners should be advising their clients of a considerable change in the judiciary’s approach to the responsibilities of fiduciaries in employment plans covered by the Employee Retirement Income Security Act, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • State Law Negligence Claims May Be Coming Under HIPAA

    Philip H. Lebowitz

    The Connecticut Supreme Court's recent ruling in Byrne v. Avery Center for Obstetrics and Gynecology PC is likely to spawn similar lawsuits in the state and other jurisdictions because it provides a pathway to asserting state law negligence claims based on violations of the Health Insurance Portability and Accountability Act, say Seth Goldberg and Philip Lebowitz of Duane Morris LLP.

  • Up In The Air With FERC's Demand-Response Rule

    Gregory K. Lawrence

    Since the D.C. Circuit’s vacatur of the Federal Energy Regulatory Commission's demand-response rule in Electric Power Supply Association v. FERC last May, the legal status of demand-response participation in the wholesale energy and capacity markets has been hotly debated — the only matter that is certain is the lack of certainty, say attorneys at Cadwalader Wickersham & Taft LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Fla. Class Action Case Law Aligns With Comcast Ruling

    Richard S. Davis

    To date, it appears that no Florida appellate court decision has cited the U.S. Supreme Court's ruling in Comcast Corp. v. Behrend for guidance on class certification, yet it appears to be firmly embedded in Florida law as the state’s “reasonable methodology” standard for classwide damages, says Richard Davis of Foley & Lardner LLP.

  • IRS Disregards Own Revenue Ruling In Barnes Decision

    Jeffrey L. Rubinger

    In a case involving a series of stock transactions by Barnes Group Inc., the U.S. Tax Court and the Second Circuit both held that the taxpayer unreasonably relied on an IRS revenue ruling, making it difficult for a taxpayer to ever be able to rely on a revenue ruling with any degree of certainty, say Jeffrey Rubinger and Nadia Kruler of Bilzin Sumberg Baena Price & Axelrod LLP.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • Rule 54(b) No Substitute For Appealable Final Judgment

    Ryan N. Parsons

    The Seventh Circuit's recent ruling in Selective Insurance Co. v. City of Paris is a reminder to attorneys of their ethical duty and obligation to stay current on the law as it affects their cases. A case law search may have prevented the city from having to try to manufacture a timely appeal of a clearly final judgment under Rule 54(b), says Ryan Parsons of Foley & Lardner LLP.

  • Pa. High Court Tort Ruling Is Relief To Local Gov't

    Casey A. Coyle

    Zauflik v. Pennsbury School District represents a significant victory for local governments — had the Pennsylvania Supreme Court reached a contrary result it could have served as a catalyst for renewed challenges to the constitutionality of governmental immunity statutes nationwide, says Casey Coyle of Eckert Seamans Cherin & Mellott LLC.

  • 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.