Appellate

  • September 18, 2014

    Willkie Farr Again Escapes Suit Over $100M Loss

    A New York appeals court on Thursday affirmed tossing a legal malpractice suit that the founder of The Lightstone Group LLC and former head of Extended Stay Inc. lobbed against Willkie Farr & Gallagher LLP over $100 million in personal liability incurred from the hotel chain's bankruptcy.

  • September 18, 2014

    Murray To Argue EPA Can't Limit Plant Emissions At DC Circ.

    Murray Energy Corp. told the D.C. Circuit on Wednesday it plans to argue that the U.S. Environmental Protection Agency does not have legal authority under the Clean Air Act to carry out its plan to slash carbon emissions from existing power plants.

  • September 18, 2014

    Provident Escapes Suit Over Credit Cutoff After Bribery Plea

    A New Jersey appellate panel on Thursday freed The Provident Bank from a suit filed by a real estate developer and contractor that were denied disbursements from a line of credit after the owner's spouse pled guilty to bribery charges.

  • September 18, 2014

    3rd Circ. Affirms Capeco Ch. 11 Claim Distribution Orders

    The Third Circuit on Thursday rejected Intertek USA Inc.'s argument that orders entered in Caribbean Petroleum Corp.'s Chapter 11 bankruptcy case give priority to tort claimants over other general unsecured creditors in the distribution of certain insurance proceeds, saying the plain language of the orders makes no such provision.

  • September 18, 2014

    Texas Supreme Court Told Banks Can Recoup Foreclosure Costs

    PlainsCapital Bank on Thursday asked the Texas Supreme Court to reverse a ruling it says unfairly prevents banks from recovering the costs of marketing and reselling foreclosed properties under a statutory definition of fair market value.

  • September 18, 2014

    Fla. High Court Says School Can Sue To Enforce State's Marks

    The Florida Supreme Court said Thursday that an online public school could pursue its federal trademark infringement claims against national online education provider K12 Inc., ruling that the school's enabling statute gives it the power to enforce the state-owned marks.

  • September 18, 2014

    Calif. Court Says Asbestos Coverage Claims Not Time-Barred

    A California appeals court on Wednesday revived a suit brought by trustees of the Western Asbestos Settlement Trust alleging California Insurance Guarantee Association breached its duty to cover underlying asbestos injury claims, finding the necessary events to trigger the statute of limitations have not occurred.

  • September 18, 2014

    Fla. Judge Due For Reprimand Hit With New Charges

    A Florida judge, who was set to be publicly reprimanded Oct. 6 for campaign violations, faces a new set of charges filed Wednesday in the Florida Supreme Court that allege she engaged in improper political activity in her husband's judicial campaign.

  • September 18, 2014

    Pa. High Court Snubs Ex-State Senator's Corruption Appeal

    The Pennsylvania Supreme Court said Wednesday that it would not review a decision upholding the corruption conviction of Jane Orie, a former state senator charged for ordering her legislative staff to work on political campaigns.

  • September 17, 2014

    2nd Circ. Stays Goldman, Citi Win In FINRA Arbitration Bid

    The Second Circuit agreed Tuesday to hold off on issuing a mandate in two cases where it blocked arbitrations against Goldman Sachs & Co. and Citigroup Global Markets Inc. before the Financial Industry Regulatory Authority, allowing time for the public financing authorities that sought arbitration to appeal to the U.S. Supreme Court.

  • September 17, 2014

    Insurer Says Chancery Erred By Not Halting Mine Safety Suits

    North River Insurance Co. on Wednesday told the Delaware Supreme Court that the Chancery Court erred by not enjoining Mine Safety Appliances Co., which faces myriad personal injury claims, from participating in coverage litigation in West Virginia or filing other coverage claims than what’s pending in Pennsylvania and Delaware.

  • September 17, 2014

    Pa. High Court Nixes Teva Appeal In Reglan Preemption Fight

    The Pennsylvania Supreme Court on Wednesday rejected an appeal by Teva Pharmaceuticals USA Inc. and other generic drugmakers battling a lower court’s ruling that product liability claims of thousands of generic Reglan users weren’t necessarily preempted by federal law, allowing their suits over the digestive drug to proceed.

  • September 17, 2014

    Ex-Goldman VP Asks 3rd Circ. To Rehear $2.3M Fee Case

    A former Goldman Sachs vice president on Tuesday asked the Third Circuit to rehear its decision reversing an order requiring Goldman Sachs Group Inc. to pay $2.3 million for his legal bills over charges for theft of high-frequency-trading code, saying the appeals court overlooked decisions contradicting its reasoning.

  • September 17, 2014

    DC Circ. Won't Reconsider Nixed FERC Power Demand Rule

    The D.C. Circuit Court of Appeals on Wednesday declined to review en banc a divided three-judge panel's ruling that nixed the Federal Energy Regulatory Commission's controversial rule requiring that consumers be paid for using less power during high-demand periods.

  • September 17, 2014

    Fed. Circ. Says Suits Doomed When Patent Co-Owner Opts Out

    In a sharply split decision Wednesday, the full Federal Circuit declined to review a ruling in a semiconductor patent dispute that found infringement suits must be thrown out when the co-owner of a patent decides not to participate, with the judges at odds over whether unwilling co-owners can be forced to join a case.

  • September 17, 2014

    Kerzner Resort Guests Must Sue In Bahamas: 11th Circ.

    The Eleventh Circuit dismissed a suit Wednesday over brain injuries allegedly sustained by a woman at a Kerzner International Bahamas Ltd. resort, saying the plaintiffs had sufficient notice of an agreement requiring them to pursue their claims in Bahamian court and that public interests favored the Bahamas as the proper venue.

  • September 17, 2014

    NJ High Court Takes Hard Line On Attorney Bribery

    New Jersey's highest court on Wednesday gave clear warning that attorneys convicted of official bribery or extortion will be disbarred and generally foreclosed wiggle room around that penalty, rejecting mitigating circumstances in the case of Hoboken, New Jersey's onetime mayor and stripping his license to practice law.

  • September 17, 2014

    $21M Oil Royalty Fight Not Time-Barred, Landowner Says

    Landowners trying to reinstate a $21 million oil and gas royalty judgment on Wednesday urged the Texas Supreme Court not to let a Samson Resources Corp. subsidiary get away with filing fraudulent public records by deeming their claims time-barred.

  • September 17, 2014

    Mich. Appeals Court Remands Lorillard’s $1.2M Tax Suit

    The Michigan Court of Appeals on Tuesday remanded Lorillard Tobacco Co.’s suit against the state’s Treasury Department for the return of more than $1.2 million in income taxes, saying a recent state Supreme Court decision permits the company to choose a three-factor apportionment formula.

  • September 17, 2014

    Fla. Gov. Must Fill Judicial Vacancy, Appeals Court Says

    A Florida appeals court issued a split decision Wednesday denying a Jacksonville attorney's request to compel an election for an upcoming opening on the Fourth Judicial Circuit's bench, saying the law is clear that the seat must be filled by gubernatorial appointment.

Expert Analysis

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Tolling Provision Is Only Worth The Language That's Written

    Daniel Wenner

    In its recent decision in U.S. v. Mergen, the Second Circuit essentially gave the government carte blanche to style tolling provisions as it sees fit, but — and this “but” is the import of Mergen — what the government drafts is what the government gets, say Daniel Wenner and Elizabeth Latif, attorneys with Day Pitney LLP and former federal prosecutors.

  • Takeaways For Texas Contractors Post-Barzoukas

    Pierre Grosdidier

    Taken together, Barzoukas v. Foundation Design Ltd. and two prior Texas cases on the economic loss rule suggest that establishing an owner as subcontract third-party beneficiary might be a possible line of defense for a subcontractor that invokes the rule when trying to shield itself from owner negligence claims, say Pierre Grosdidier and Mike Stewart of Haynes and Boone LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Post-Nautilus Most Indefinite Patent Challenges Fail

    John T. Gutkoski

    Since the U.S. Supreme Court issued Nautilus Inc. v. Biosig Instruments Inc. and adopted the new “reasonable certainty” standard for finding patent claim terms indefinite, courts have found the vast majority of claim terms to be sufficiently definite — whether viewed on a case-by-case or term-by-term basis, the vast majority of indefiniteness challenges have failed, say attorneys at Hiscock & Barclay LLP.

  • Insurers, Be Ready To Pay Twice In Texas

    David B. Winter

    Recent decisions from the Texas Supreme Court and the Dallas Court of Appeals show that under Texas law, an insurer bears the risk of improper conduct by its insured in depositing a claim payment without obtaining the proper endorsement of all payees, says David Winter of Zelle Hofmann Voelbel & Mason LLP.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • Ill. Joins State Trend On Malicious Prosecution Claims

    Jordon S. Steinway

    An Illinois appellate court's recent ruling in St. Paul Fire and Marine Insurance Co. v. The City of Zion is the first since 1979 to address the issue of trigger for malicious prosecution claims and, in finding that coverage is triggered the year the underlying malicious acts first occurred, the holding seems to push the state toward the majority trend, say Adam Fleischer and Jordon Steinway of BatesCarey LLP.