Appellate

  • August 24, 2016

    'Blurred Lines' Verdict Will Chill Musical Creativity, 9th Circ. Told

    Pharrell Williams and Robin Thicke on Tuesday launched their long-awaited bid to overturn a verdict that their smash hit “Blurred Lines” infringed an iconic Marvin Gaye song, warning the Ninth Circuit that the headline-grabbing decision would “chill musical creativity.”

  • August 24, 2016

    6th Circ. Asked To Rethink Flood-Zone Coverage Ruling

    A bank and a property information provider urged the Sixth Circuit on Tuesday to rethink its conclusion that the owners of a Tennessee home can proceed on claims alleging the companies provided bad advice about the necessity of flood insurance, saying the ruling inexplicably conflicts with a prior decision.

  • August 24, 2016

    Cruise Ship Trumpeter Must Arbitrate Claims, 11th Circ. Says

    A seaman who worked in international waters on a Royal Caribbean cruise ship must bring his employment dispute through international arbitration even though he is a U.S. citizen and the ship is based in Florida, the Eleventh Circuit ruled Tuesday.

  • August 23, 2016

    GOP Sens. Blast 9th Circ.'s Immigrant Bond Hearing Decision

    In a letter sent to U.S. Attorney General Loretta Lynch, two prominent Republican senators lambasted the Ninth Circuit's recent decision that only criminally convicted immigrants who enter immigration custody soon after being released can be detained without bond hearings, saying the decision clashed with other circuits' rulings.

  • August 23, 2016

    4th Circ. Revives Ex-Booz Allen Atty’s Age, Sex Bias Suit

    The Fourth Circuit on Tuesday revived a sex and age discrimination lawsuit against Booz Allen Hamilton Inc. brought by a former in-house attorney, ordering the lower court to consider witness testimony from other female employees who say they’ve also been discriminated against.

  • August 23, 2016

    Fla. High Court Turns Down Couple's Chinese Drywall Suit

    A Florida couple driven from their home by noxious fumes coming off the building's Chinese drywall has come up short again in their pursuit of an insurance payout, as the Florida Supreme Court declined Monday to consider an appeals court's affirmation that their policy excluded coverage.

  • August 23, 2016

    Fidelity Can't Dodge Investor's $9M Win, 8th Circ. Told

    Fidelity cannot escape nearly $9 million in damages and attorneys' fees stemming from a jury's finding that the insurer failed to defend a real estate investor against mechanics' liens, the investor told the Eighth Circuit on Tuesday, insisting a lower court properly disallowed Fidelity's policy exclusion evidence.

  • August 23, 2016

    11th Circ. Won't Revive Race-Based Firefighter Hiring Rules

    The Eleventh Circuit said Tuesday that critics waited too long to question the city of Jacksonville, Florida's 1992 termination of hiring policies aimed at addressing the low number of black firefighters in its force and found that the mandate behind the rules was outdated and should be dissolved.

  • August 23, 2016

    Highland, Ex-Exec Can't Sway Appeals Court To Shift Awards

    A Texas appeals court on Monday affirmed a trial court that awarded Highland Capital Management LP and its former head of private equity each about $2.8 million, after a bitter dispute over the executive’s exit from the hedge fund.

  • August 23, 2016

    9th Circ. Lets Stand LA Minimum Wage Hike For Hotel Staff

    The Ninth Circuit on Tuesday left undisturbed a lower court’s refusal to block Los Angeles’ $15.37 hourly minimum wage for hotel workers, saying the new standard is not preempted by the federal National Labor Relations Act in light of the states’ authority to protect workers.

  • August 23, 2016

    FAA Sued Over Lack Of Privacy Controls In Final Drone Rule

    The Electronic Privacy Information Center is challenging the Federal Aviation Administration's final rule covering the commercial use of small unmanned aircraft systems, or drones, in the D.C. Circuit, it announced Tuesday, saying the rule doesn't include adequate safeguards for privacy.

  • August 23, 2016

    Fed. Circ. Wipes Out Patent Verdict Against Garlock

    The Federal Circuit on Tuesday reversed a district court decision finding that Garlock Equipment Co. infringed an AES Raptor LLC patent on a device used to prevent workers from falling off a roof and ordering it to pay more than $300,000, saying that Raptor’s expert witness was not credible.

  • August 23, 2016

    Biz Groups Dispute Gov’t Claim In $234M Foreign Tax Suit

    Business groups and a public interest law firm urged the First Circuit on Monday to reject the federal government’s interpretation of an economic substance doctrine in a $234 million foreign tax credits dispute, saying that the government’s meaning could lead to double taxation.

  • August 23, 2016

    9th Circ. Affirms Arbitration For 23andMe In Marketing Case

    The Ninth Circuit issued a published opinion on Tuesday saying customers in a consolidated proposed class action must arbitrate their claims over misleading advertising with genetic testing company 23andMe Inc., saying a terms-of-service agreement providing for arbitration is valid and enforceable.  

  • August 23, 2016

    Samsung Blasts Apple’s No 'Friend Of The Court' Argument

    Just days after Apple urged the Federal Circuit to reject Samsung Electronics Co.’s request to file an amicus brief in Apple’s appeal of an invalidated iPhone touchscreen patent, the Korean archrival on Friday doubled down on its bid to file the “friend of the court” brief.

  • August 23, 2016

    PJM Seeks DC Circ. Shutdown Of FERC Floor Price Dispute

    PJM Interconnection LLC on Monday backed the Federal Energy Regulatory Commission’s changes to the grid operator's proposal for dealing with artificial price suppression on the grid, and asked the D.C. Circuit to deny a challenge to the plan from the grid’s power providers.

  • August 23, 2016

    9th Circ. Upholds Gay Conversion Therapy Ban For Minors

    The Ninth Circuit on Tuesday shut down religious counselors’ challenge to a California law barring therapy treatments for minors aimed at changing their sexual orientation, ruling for the second time the law doesn’t violate minors’ privacy or inhibit religious freedom.

  • August 23, 2016

    2nd Circ. Rebuffs Lynn Tilton Again On SEC In-House Fight

    The Second Circuit on Tuesday refused to rehear private equity magnate Lynn Tilton’s challenge to the constitutionality of the U.S. Securities and Exchange Commission’s administrative court proceedings.

  • August 23, 2016

    2nd Circ. Declines To Stay $542M Triaxx CDO Default Sale

    The Second Circuit refused Tuesday to stay a New York federal judge's order requiring the sale of $542 million of defaulted residential mortgage-backed securities in a $2.7 billion Triaxx collateralized debt obligation, denying junior noteholder Goldentree Asset Management's bid to halt what it called a fire sale that would wipe out its investment.

  • August 23, 2016

    Consol Looks To Ax 'Mark Of The Beast' Verdict At 4th Circ.

    Consol Energy on Monday continued its quest for the Fourth Circuit to overturn a nearly $600,000 verdict in a U.S. Equal Employment Opportunity Commission lawsuit regarding an employee’s departure over hand scanners he thought were the devil’s work, saying a true religious objection was never proven at trial.

Expert Analysis

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • The Next Justice's Impact On The Indian Child Welfare Act

    Matthew L.M. Fletcher

    Since Justice Antonin Scalia's death, the remaining eight Supreme Court justices have been deadlocked on interpretations of the Indian Child Welfare Act. Professor Matthew Fletcher of Michigan State University College of Law discusses recent cases concerning adopted Indian children, and the legal battles the private adoption industry has been waging against adoption laws.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 2nd Circ. Stresses Low Standard For Discrimination Claims

    Brian Lehman

    In its recent decision in Doe v. Columbia University, the Second Circuit repeatedly emphasized that plaintiffs only need to allege facts giving rise to a “minimal plausible inference” of intent when alleging illegal discrimination. As a result, district courts will be more likely to deny motions to dismiss complaints of discrimination and allow discovery on the claims to move forward, says Brian Lehman at The Law Lehman Group LLC.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • 9th Circ. Ruling Strikes Blow Against Feds In War On Pot

    Michael Chernis

    Although the Ninth Circuit's ruling in United States v. McIntosh affirms that the federal government can no longer prosecute medical marijuana suppliers and other individuals who are in full compliance with state medical marijuana laws, it leaves some areas where the feds can still take action against marijuana businesses, says Michael Chernis at Chernis Law Group PC.

  • Spokeo Making Its Mark On No-Injury Privacy Class Actions

    Greg Herbers

    Applied correctly, the U.S. Supreme Court's Spokeo decision should spell an end to the recent glut of data security lawsuits where many — if not most — plaintiffs cannot allege concrete harm. In several recent cases, Spokeo has stopped such lawsuits in their tracks, says Greg Herbers, a staff attorney at Washington Legal Foundation.

  • High Court Inclusive Communities Ruling: 1 Year Later

    Franca Harris Gutierrez

    The U.S. Supreme Court’s recognition of disparate impact liability in Texas Department of Housing and Community Affairs v. Inclusive Communities Project last summer was consistent with the position long held by federal regulators. As the impact of Inclusive Communities continues to make its way through the courts and regulatory enforcement, two ongoing developments are worth highlighting, say attorneys at WilmerHale.

  • Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ. Win

    William E. Thomson

    The Second Circuit’s unanimous decision in Chevron v. Donziger is an important victory for the rule of law and should serve as a powerful warning to U.S. lawyers who are tempted to leave their ethics at the border when seeking to recover huge transnational judgments against U.S. corporations, say attorneys at Gibson Dunn & Crutcher LLP.