Appellate

  • December 18, 2014

    2nd Circ. Says Atty Acted Too Late For Reciprocal Suspension

    The Second Circuit on Thursday found that a New York lawyer suspended for three months by a state appellate court over tax crimes waited too long to ask for reciprocal suspension and will subsequently have to wait another month to practice in the federal circuit.

  • December 18, 2014

    Pa. Court Won't Reconsider Sandusky Probe Privilege Ruling

    A Pennsylvania appeals court said Thursday that it would not reconsider a decision finding that records regarding an investigation commissioned by Pennsylvania State University's board of trustees into the Jerry Sandusky sex abuse scandal are protected by privilege and cannot be released under the state's Right to Know Law.

  • December 18, 2014

    NJ High Court Concurs With Pa. In Suspending Disgraced Atty

    The Supreme Court of New Jersey on Thursday issued a 30-month suspension to a former attorney of Pennsylvania firm Borchetto & Lentz who was dismissed for theft, choosing to impose the same discipline as Pennsylvania rather than disbarring him.

  • December 17, 2014

    Fla. Ruling Clarifies Notice Rules For Med Mal Suits

    A Florida appeals court ruled Wednesday that a tolling provision in state law regarding medical malpractice lawsuits applies to all potential defendants once notices of intent to initiate litigation are timely served — and even applies to prospective defendants who haven't yet been served.

  • December 17, 2014

    Many Biotech Patents At Risk After Fed. Circ. Myriad Ruling

    By striking down Myriad Genetics Inc. breast cancer test patents Wednesday, the Federal Circuit greatly expanded the reach of a U.S. Supreme Court decision on Myriad's patents on human genes and has thrown into question the validity of scores of patents involving natural material, attorneys say.

  • December 17, 2014

    3rd Circ. Greenlights Sanctions Bid In Veggie Contract Row

    A Third Circuit panel on Wednesday freed frozen vegetable company Unilink LLC officers from liability to supplier Food Team International Ltd. after Unilink canceled a broccoli contract, but the court said the company and its attorney could potentially be sanctioned for failing to disclose its insurance policy.

  • December 17, 2014

    C&J Energy Asks Court To Ax Voting Ban In $2.9B Nabors Deal

    C&J Energy Services Inc. urged Delaware's Supreme Court Wednesday to undo a 30-day injunction preventing the oil field company from holding a shareholder vote on a proposed $2.9 billion merger with the hydraulic fracturing and well-sealing units of Nabors Industries Ltd., saying the Chancery Court erred by ordering the freeze.

  • December 17, 2014

    2nd Circ. Says $5M Punitive Award For Racism Needs Cut

    The Second Circuit on Wednesday said a New York federal judge did not go far enough in cutting a $24 million punitive damages award against ArcelorMittal SA in a steelworker's racial discrimination case to $5 million, saying the reduced award was still excessive.

  • December 17, 2014

    Fed. Circ. Strikes Down More Myriad Cancer Test Patents

    The Federal Circuit ruled Wednesday that three Myriad Genetics Inc. breast cancer test patents are invalid for claiming patent-ineligible subject matter, another major setback for the company after the U.S. Supreme Court ruled last year that it could not patent human genes.

  • December 17, 2014

    3rd Circ. Won't Undo Injunction On Euro-Pro Steam Claims

    The Third Circuit on Wednesday affirmed a preliminary injunction issued to steam iron manufacturer Groupe SEB USA in a suit over a competitor’s advertising claims, finding that Euro-Pro’s packaging unambiguously and falsely told consumers that its Shark steam irons had more powerful steam than SEB’s Rowenta irons.

  • December 17, 2014

    11th Circ. Says Dueling Cases Void Insurance Exclusion

    The Eleventh Circuit on Wednesday overturned a lower court’s decision that St. Paul Mercury Insurance Co. didn’t owe coverage for an underlying $15 million suit brought by the Federal Deposit Insurance Corp., ruling that an insured v. insured exclusion was ambiguous because courts' interpretation of similar language has been varied.

  • December 17, 2014

    8th Circ. Affirms Bayer's FCA Loss But Trims Damages

    The Eighth Circuit on Wednesday affirmed that a former Bayer Corp. sales representative was terminated in retaliation for alerting authorities to a customer’s Medicaid scam, but trimmed about a third off his $890,000 damages award because it found the emotional distress award was excessive.

  • December 17, 2014

    Fight Over UCLA’s $162M Hotel Plan Hits Calif. Appeals Court

    A nonprofit fighting UCLA's proposed $162 million hotel and conference center urged a California appellate panel Tuesday to overturn a judge's order tossing its suit under the state's anti-SLAPP law, saying its claims that the plan is an unlawful transfer of public funds are protected under a public interest exemption.

  • December 17, 2014

    5th Circ. Upholds Asset Seizure In $24M Laundering Case

    Remittances company U.S. Tours and Remittance and its law firm Nowak & Stauch LLP can't recover funds that were forfeited as part of a $24 million money laundering prosecution against the company’s owner, the Fifth Circuit said on Tuesday.

  • December 17, 2014

    Anheuser-Busch Suit Buoyed By Pom Ruling, 6th Circ. Told

    Plaintiffs accusing Anheuser-Busch Cos. LLC of deliberately overstating the alcohol content of its beers urged the Sixth Circuit on Tuesday to revive their proposed multidistrict litigation, arguing the U.S. Supreme Court’s Pom Wonderful decision invalidated the brewing giant’s defenses.

  • December 17, 2014

    Pa. High Court Won't Touch AIG Titeflex Coverage Ruling

    The Pennsylvania Supreme Court on Wednesday refused to review a lower court's ruling that an American International Group subsidiary had a duty to defend Titeflex Corp. in litigation over a connector device implicated in a 1998 gas leak.

  • December 17, 2014

    Samsung Points To Axed Apple Patent In $930M Award Appeal

    Samsung Electronics Co. Ltd. on Tuesday argued in its Federal Circuit appeal over a $930 million award handed to Apple Inc. that a recently affirmed rejection of one of Apple's patents-in-suit supports reversing at least $114 million of the award and vacating $35 million in royalties.

  • December 17, 2014

    9th Circ. Won't Revive IGT Stock Drop Suit

    The Ninth Circuit on Wednesday declined to revive a derivative suit accusing International Game Technology's board of causing an 84 percent stock drop by lying about the company’s health, finding that it made the same claims as four other derivative suits that were also tossed.

  • December 17, 2014

    Fla. High Court Asked To Revisit Gambling Permit Ruling

    The Florida Supreme Court has been asked to rehear a case challenging as a special law a 2010 statute allowing the conversion of certain gambling permits, with the appellees saying they believe the court misapplied its existing standards and overlooked some factual issues.

  • December 17, 2014

    NYC Co-Op Isn't Subject To $21M Tax, Top NY Court Says

    New York's highest court said Wednesday that Trump Village Section 3 Inc. is not subject to a $21.1 million real estate transfer tax on a residential co-op complex in Brooklyn, New York, that left an affordable housing program and went private.

Expert Analysis

  • Louisiana Weighs In On Double Derivative Action Debate

    Andrew R. Lee

    In a case of first impression in Louisiana, the state's Fourth Circuit Court of Appeal has recognized the procedural availability of the “double derivative” action, allowing minority members of a parent LLC to bring an action on behalf of the parent's wholly owned subsidiary LLC for wrongful acts against the subsidiary. The ruling follows case law from other states, including Delaware, say Andrew Lee and Brett Venn of Jones Walker LLP.

  • Avoiding 'Deja Vu Two' In High Court CSX Tax Case

    Benjamin Blair

    The U.S. Supreme Court in Alabama Department of Revenue v. CSX Transportation Inc. may realize that the best path forward is to issue a narrow decision and let the issue of other allegedly discriminatory aspects of the state’s tax regime come to the court on their own — one thing is certain, the high court does not want its decision in CSX II to lead to a CSX III, says Benjamin Blair of Faegre Baker Daniels LLP.

  • 8th Circ. Clarifies Coverage Trigger For Food Recall

    Jennifer Senior

    The Eighth Circuit's recent decision on the level of public health risk required to trigger coverage for a voluntary food product recall under an accidental product contamination policy in Hot Stuff Foods LLC v. Houston Casualty Co. may encourage settlement in coverage disputes and is reason to re-evaluate and clarify policy language, says Jennifer Senior of Jenner & Block LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • A Year For Whistleblower Rewards And Protections

    Jason Zuckerman

    2014 has been a transformative year for the development of whistleblower law between whistleblowers obtaining record recoveries through the U.S. Securities and Exchange Commission's whistleblower rewards program, the U.S. Supreme Court's Lawson v. FMR ruling and the strengthening of protection provisions in the Sarbanes-Oxley Act, say Jason Zuckerman and Dallas Hammer of Zuckerman Law.

  • Another Big Year For ITC: Top 12 Section 337 Highlights

    Shara Aranoff

    This year, the Federal Circuit agreed to reconsider its decision narrowing Section 337’s applicability to induced infringement, as the U.S. International Trade Commission held onto its jurisdiction over standard-essential patents and confirmed its ability to reach digital imports. Meanwhile, the ITC took steps toward better exclusion order enforcement, even as it stayed a remedial order pending appeal for the first time, says Shara... (continued)

  • 7th Circ. Explains Role Of Objectors In Class Settlement

    Rhonda Wasserman

    The Seventh Circuit's recent rejection of a class action settlement in Pearson v. NBTY Inc. highlights the important role objectors play in policing the adequacy of class action settlements and provides guidance to lawyers crafting such settlements as well as to district courts charged with reviewing them, says Rhonda Wasserman of the University of Pittsburgh School of Law.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • A Look At 2014 Fed. Circ. Cases Impacting AIA Proceedings

    Raquel Rodriguez

    The first wave of appeals from the U.S. Patent and Trademark Office’s final written decisions in inter partes review, covered business method review and post-grant review proceedings are just starting to reach the Federal Circuit. The court issued several opinions in 2014 that are important to practitioners in this area, say Russell Cass and Raquel Rodriguez of Sidley Austin LLP.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.