Appellate

  • July 1, 2015

    EPA Tells DC Circ. Challengers To GHG Rules Lack Standing

    Petitioners seeking an en banc rehearing of a judgment partially upholding greenhouse gas rules will actually experience further harm if they get what they want, the U.S. Environmental Protection Agency told the D.C. Circuit on Wednesday, saying the petitioners lack standing.

  • July 1, 2015

    7th Circ. Rebuffs Wheaton's Bid To Block ACA Birth Control

    The Seventh Circuit on Wednesday rebuffed Wheaton College’s bid to block the Affordable Care Act’s mandate to provide contraception coverage for its students and employees, ruling the law doesn’t actually require the school to pay for coverage of emergency contraceptives.

  • July 1, 2015

    Fla. Judge's Case Against Review Panel Partly Restored

    A Florida state judge facing removal from the bench failed to gain an injunction or restraining order in her disciplinary case Wednesday from the Eleventh Circuit, but the appeals court reversed dismissal of her claims brought individually against members of Florida's Judicial Qualification Commission.

  • July 1, 2015

    Utility Can't Avoid Suit Over Pollution Control Project

    A Texas appellate court on Wednesday gave Casey Industrial Inc. another shot at suing San Antonio power utility CPS Energy for cost overruns on a pollution control project at a CPS coal-fired power plant, saying the case was wrongly dismissed on governmental immunity grounds.

  • July 1, 2015

    Top 15 High Court Patent Rulings Of The Past 15 Years

    In recent years, the U.S. Supreme Court has greatly increased its focus on patent law, an area in which the justices once had little interest. Here is a ranking of the court's 15 most important patent rulings since 2000, including new rules on what can be patented, when injunctions are warranted and what makes an invention obvious.

  • July 1, 2015

    Towns Needn't Cover Officials' Legal Fees: NJ Appeals Court

    A southern New Jersey town emerged the winner in an appeals decision that cleared it of an obligation to pay legal fees incurred by its former deputy mayor, siding with a lower court's ruling that no state or common law compels municipalities to cover litigation expenses for officials.

  • July 1, 2015

    Thompson Coburn Can't Shake $1.3M Legal Malpractice Suit

    An Illinois appeals court on Tuesday revived a construction company's $1.3 million legal malpractice suit against Thompson Coburn LLP for allegedly botching a mechanic’s lien, ruling that a release signed by the company over a fee dispute didn’t shield the firm from malpractice claims.

  • July 1, 2015

    Top 15 High Court Employment Rulings Of The Past 15 Years

    The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.

  • July 1, 2015

    Creditors Can Challenge Completed Ch. 11 Plan, 9th Circ. Says

    An appeal by an objector to a bankruptcy plan may still be heard after the plan takes effect, so long as the objector tried diligently to pursue its line of objection and there might be a solution for relief that wouldn't harm any innocent third parties, the Ninth Circuit ruled Wednesday.

  • July 1, 2015

    Hill International Asks Del. Justices To End Meeting Dispute

    Construction consulting company Hill International Inc. pushed the Delaware Supreme Court on Wednesday to reverse a Chancery Court ruling that forced the company to delay its annual stockholder meeting on grounds it violated its bylaws when it rejected a hedge fund shareholder’s director nominations as late.

  • July 1, 2015

    Fla. Appeals Court Strikes $1M Personal Injury Damages Cap

    A year after the Florida Supreme Court deemed the state's $1 million statutory cap on wrongful death noneconomic damages from medical malpractice unconstitutional, a state appeals court on Wednesday extended that decision to personal injury medical malpractice cases.

  • July 1, 2015

    Another Bilzin Exit As Former Judge Joins Gordon & Rees

    Miami law firm Bilzin Sumberg Baena Price & Axelrod LLP suffered another notable departure from its litigation department as David M. Gersten, a former Florida appeals court judge, jumped to Gordon & Rees LLP, his new firm announced Wednesday.

  • July 1, 2015

    With High Court Mum On Java Copyrights, Is Innovation Safe?

    Earlier this week, the U.S. Supreme Court decided not to review the Federal Circuit ruling in Google Inc. v. Oracle America Inc. We asked 25 litigators, copyright experts, economists, in-house counsel and former regulators about the implications for software innovation and interoperability. Here's the latest from IP Law360's Voices of the Bar.

  • July 1, 2015

    11th Circ. Denies Ex-Rothstein Atty’s Bid To Nix Conviction

    The Eleventh Circuit on Wednesday denied a bid by a former associate at jailed Ponzi schemer Scott Rothstein's law firm to overturn her conviction, ruling that evidence presented during the trial was sufficient to warrant a five-year prison sentence for her part in the $1.2 billion fraud.

  • July 1, 2015

    4th Circ. Revives Baltimore Casino Pollution Suit

    The Fourth Circuit on Wednesday revived a lawsuit alleging the city of Baltimore, developers and operators of the Horseshoe Casino failed to prevent hazardous materials and contaminated groundwater from seeping from the casino’s construction site into the nearby waterfront area.

  • July 1, 2015

    Top NY Court Says Taxes OK On Nonresident Stock Sale Profit

    The New York Court of Appeals said Wednesday there is no constitutional bar to state taxation of a nonresident's New York source income earned from a stock sale, handing a loss to former owners and shareholders of a Tennessee-based sports company.

  • July 1, 2015

    NY High Court Sides With State Farm In Cop Coverage Suit

    The New York Court of Appeals said Wednesday that a police officer can't be covered by his partner’s supplementary uninsured motorist insurance, finding that a lower court ignored more than 25 years of case law when it ruled against State Farm Mutual Automobile Insurance Co.

  • July 1, 2015

    Mich. Gaming Board Asks 6th Circ. To Hear Horse Racing Suit

    The Michigan Gaming Control Board asked the Sixth Circuit on Wednesday to review its findings in a case brought by four horse racers who refused to answer questions about an alleged race-fixing scheme, saying the racers’ rights were not violated because no criminal charges were brought against them.

  • July 1, 2015

    Fed. Circ. OKs Stay Of $44M Row After PTAB Nixes Patents

    The Federal Circuit said Tuesday it was reasonable for a lower court to pause a patent infringement case after several telephone closed-captioning patents CaptionCall LLC was ordered to pay $44 million for infringing were found invalid by the Patent Trial and Appeal Board.

  • July 1, 2015

    NY High Court Nixes Tax Break For Not-For-Profit Owned Co.

    The New York City Tax Commission did not wrongly revoke a not-for-profit owned parking company’s real property tax break since the operation was not essential to a broader charitable purpose, the New York Court of Appeals said Wednesday.

Expert Analysis

  • Don't Discount Disparate Impact After High Court Case

    Michael B. Mierzewski

    The implications of the U.S. Supreme Court's ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. extends beyond the primary mortgage lending and insurance industries. The ruling almost certainly will embolden private plaintiffs and government agencies to assert claims of disparate impact discrimination, say attorneys at Arnold & Porter LLP.

  • 9th Circ. Gives Growers Relief In Preserving Exemption

    James M. Sabovich

    The Ninth Circuit's ruling in Association of Irritated Residents v. U.S. Environmental Protection Agency preserving a long-standing exemption for emissions from certain pre-2004 agricultural sources granted growers a small reprieve this summer in an otherwise trying year for agriculture in the San Joaquin Valley, say attorneys at Bick Law Group.

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • Wrapping Your Head Around NJ Workers' Comp Jurisdiction

    Timothy R. Freeman

    The practical effect of the New Jersey Supreme Court's ruling in Estate of Kotsovska v. Liebman may be to discourage the filing of petitions for workers' compensation benefits and to encourage litigation in the state's courts regarding employment status after a workplace injury has occurred, says Timothy Freeman of Sedgwick LLP.

  • Perils Of An Inconsistent Verdict In Design Defect Cases

    Brian J. Baggot

    The Florida Supreme Court recently eliminated an important protection for product liability defendants in design defect cases that produce inconsistent jury verdicts. However, there are strategies that defense counsel can employ to minimize the dilemmas resulting from this requirement — and perhaps transfer back to the plaintiff the risk of post-trial consequences for an inconsistent verdict, says Brian Baggot at Rumberger Kirk & Caldwell PA.

  • A Possible Pattern In EPA Cases Before The High Court

    Thomas R. Wood

    What's so striking about the U.S. Supreme Court's ruling in Michigan v. U.S. Environmental Protection Agency is its similarity to the court's ruling last year in Utility Air Regulatory Group, which struck down, in part, the EPA’s regulation of greenhouse gases under the prevention of significant deterioration program, says Thomas Wood of Stoel Rives LLP.

  • 7th Circ. Rejects FCA Implied False Certification Theory

    Emily Theriault

    The Seventh Circuit’s recent ruling in U.S. v. Sanford-Brown Ltd. — a welcome decision for government contractors — runs against the tide of circuits adopting variations of the False Claims Act implied false certification theory, says Emily Theriault of Sheppard Mullin Richter & Hampton LLP.

  • An 'Exceptional Case' One Year After Octane: Part 2

    Timothy P. Cremen

    One year on, the U.S. Supreme Court’s Octane and Highmark decisions have drastically altered the fee-shifting landscape in patent cases, and courts have repeatedly permitted fee-shifting in cases where there are clear differences between the asserted claims and accused products, or where a patentee has ignored settled law or otherwise proceeded in bad faith, say attorneys with Paul Hastings LLP.

  • Citizen-Employee Speech After Lane V. Franks

    Kyle D. Winnick

    Lower court decisions are in disagreement as to what extent, if at all, the U.S. Supreme Court's ruling in Lane v. Franks qualified Garcetti v. Ceballos' central holding that only public employees' "citizen speech" is protected. Because courts characterize job responsibilities differently, their definitions of employee and citizen speech vary, says Kyle Winnick of Maduegbuna Cooper LLP.

  • An 'Exceptional Case' One Year After Octane: Part 1

    Timothy P. Cremen

    Now that we have reached the one-year anniversary of the U.S. Supreme Court's decisions on fee-shifting in patent cases, it is worth looking back at the history of fee-shifting and how the Federal Circuit and various district courts have applied Octane and Highmark, say attorneys with Paul Hastings LLP.