• October 5, 2015

    CAA Bars Truckers' Rule Challenge, Calif. Tells High Court

    California has urged the U.S. Supreme Court to reject the Western States Trucking Association’s appeal of a state law requiring emissions upgrades on some diesel trucks, arguing that the Clean Air Act’s jurisdictional rules apply and the association missed valid opportunities to challenge the rule.

  • October 5, 2015

    High Court Lets Stand Apple Smartphone IP Win

    The U.S. Supreme Court declined on Monday to hear a challenge by a company formed by Sony and Nokia to a Federal Circuit decision overturning jury verdicts against Apple in a smartphone patent infringement case.

  • October 5, 2015

    High Court Rejects Oil Heir's Fight Against $41M Attys' Fees

    Hunt Petroleum Corp. heir Al Hill III lost his fight to wipe out an order giving his former lawyers more than $40 million in contingency fees for their work on litigation involving a family trust when the U.S. Supreme Court denied certiorari, according to the order list posted Monday.

  • October 5, 2015

    Oil Rig Salvage Cos. Defend Injury Coverage At 5th Circ.

    Two companies in charge of decommissioning an oil rig when a worker was injured want the Fifth Circuit to uphold a lower court's ruling that the Louisiana Oilfield Anti-Indemnity Act did not block insurance coverage for the accident as a result of the wells being inactive.

  • October 5, 2015

    High Court Won't Hear $24M Laundering Forfeiture Appeal

    The U.S. Supreme Court will leave standing the Fifth Circuit’s decision that U.S. Tours and Remittances and its law firm cannot recover funds that were forfeited as part of a $24 million money-laundering prosecution against the company’s owner, denying on Monday a petition for a writ of certiorari.

  • October 5, 2015

    Justices Won't Review Halo Patents In Willfulness Fight

    The U.S. Supreme Court refused Monday to consider Pulse Electronics' cross-petition asking the justices to review the validity of three Halo Electronics patents in the event they grant a certiorari petition from Halo, which is challenging a ruling in the underlying suit that cleared Pulse of willful infringement.

  • October 5, 2015

    Fed. Circ. Won't Rehear Chinese Carbon Duties Ruling

    The Federal Circuit unanimously declined to grant a panel re-hearing Monday to a group of foreign traders who had previously failed in their bid to overturn anti-dumping duties on imports of activated carbon from China.

  • October 5, 2015

    Supreme Court Rejects Row Over Jim Thorpe's Remains

    The U.S. Supreme Court declined Monday to hear a dispute on how the remains of sports legend Jim Thorpe should be handled, which means the remains will stay in Pennsylvania for now against the wishes of his two surviving sons and his tribe in Oklahoma.

  • October 5, 2015

    Feds To Rethink Insider Trading Strategy After Newman Snub

    Now that the U.S. Supreme Court has shown no interest in taking on a landmark insider trading appeal this term, federal prosecutors have to contend with a remade legal landscape that will force them to cut back on some cases, let go of others and figure out ways around the high standards for proving the crime.

  • October 5, 2015

    Supreme Court Snubs Texas Atty Fighting Contempt Order

    The U.S. Supreme Court declined Monday to review a Texas attorney’s challenge to a civil contempt order for her failure to pay a $25,000 sanction, leaving intact a bankruptcy court ruling that the lawyer said violated the prohibition on imprisonment for a debt.

  • October 5, 2015

    EBay Textbook Reseller Presses High Court For Atty Fees

    A Thai college student, accused of importing and illegally selling foreign edition textbooks online via the auction site eBay, has filed a petition for writ of certiorari with the U.S. Supreme Court, arguing the courts are in “utter disarray” about fee requests under the Copyright Act.

  • October 5, 2015

    Telecom Giants Again Blast FCC's Net Neutrality Process

    A coalition of major telecommunications industry actors repeated its call to the D.C. Circuit on Monday to reverse the Federal Communications Commission’s Open Internet Order, which the industry said contradicted the Communications Act and the agency’s own previous judgment.

  • October 5, 2015

    9th Circ. Won't Rehear Suit Over Guam's Delayed Tax Refunds

    The Ninth Circuit on Friday unanimously shot down a bid to rehear en banc a class action brought by taxpayers who accused Guam of improperly delaying tax refunds, leaving intact its decision that the government had acted illegally by withholding the refunds to balance its budget.

  • October 5, 2015

    US Urges High Court To Keep Tyson Workers’ $5.8M Verdict

    The federal government has urged the U.S. Supreme Court not to overturn an Eighth Circuit decision that preserved a $5.8 million jury verdict for Tyson Foods Inc. workers seeking compensation for time spent putting on and taking off protective gear.

  • October 5, 2015

    Texas Tells High Court To Leave Abortion Ruling Intact

    Texas Attorney General Ken Paxton has asked the U.S. Supreme Court to uphold a Fifth Circuit ruling on a 2013 state law he claims is designed to protect the health and welfare of Texas women, but which opponents claim is meant to stifle access to abortion procedures, according to a brief made available Monday.

  • October 5, 2015

    Justices Asked To Revive Goldman & Rosen Malpractice Row

    A former Consolidated Freightways employee who won an $800,000 discrimination verdict against the company has asked the Supreme Court to revive his malpractice suit against the attorney who represented his claim in Consolidated Freightways' bankruptcy, saying the underlying opinion makes it difficult for clients to pursue malpractice claims.

  • October 5, 2015

    Greyhound Escapes Ex-Driver’s Bias Suit Over Dreadlocks

    The Third Circuit on Monday refused to revive a suit accusing Greyhound Lines Inc. of discriminating against a former driver who claimed that the company retaliated against him because he wore his hair in dreadlocks, which allegedly violated Greyhound policy.

  • October 5, 2015

    Justices Won't Hear Union Boss' Sealed FBI Affidavit Case

    The U.S. Supreme Court on Monday declined to hear an appeal from a Pennsylvania union boss seeking to overturn a Third Circuit decision rejecting his petition to seal in state court a federally sealed FBI affidavit used to defend the Philadelphia Inquirer against his libel suit.

  • October 5, 2015

    Supreme Court Won't Hear Tenn. Hospital's FCA Appeal

    The U.S. Supreme Court on Monday refused to take up a Tennessee hospital's bid to reverse a Sixth Circuit ruling that an administrative audit did not constitute the public disclosure needed to kill a False Claims Act suit accusing the hospital of fraudulent Medicare and Medicaid reimbursements.

  • October 5, 2015

    Mich. Appeals Court Upholds Backdated Repeal Of Tax Accord

    The Michigan Court of Appeals has unanimously upheld a trial court’s ruling that the state’s decision to retroactively withdraw from a multistate tax compact, affecting the way out-of-state corporations calculate business tax, is not unconstitutional as the accord was not a binding contract.

Expert Analysis

  • 3rd Circ. Reins In Damages For Disadvantaged Business Fraud

    David A. Vicinanzo

    Curtailing an aggressive loss theory that held defendants to more than the government’s loss in some fraud cases, the Third Circuit's recent decision in U.S. v. Nagle makes clear that when the government contracts for goods or services and receives them, the proper measure of loss is not the full value of the contract, say attorneys with Nixon Peabody LLP.

  • Another Privacy Victory For Video Service Providers

    Alysa Hutnik

    The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.

  • 7th Circ. Stands Out On Ascertainability Of Class Actions

    Geoffrey M. Wyatt

    The logic behind the Seventh Circuit's explicit break with its sister courts in Mullins v. Direct Digital LLC over the “heightened” ascertainability requirement is predicated largely on its view that the preservation of consumer class actions involving low-cost products is a policy imperative that outweighs manageability and fairness concerns, says Geoffrey Wyatt of Skadden Arps Slate Meagher & Flom LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Solving Sovereign Immunity Issues In Reinsurance Disputes

    Edward K. Lenci

    The issue of sovereign immunity continues to bedevil U.S. cedents and retrocedents that seek to collect from foreign reinsurers owned by foreign states and that invoke a state’s pre-answer security requirements. However the proven solution to this problem, a binding arbitration agreement, may not always be available, says Edward Lenci at Hinshaw & Culbertson LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • Net-Metering Subsidies: An Issue That Won't Go Away

    Arthur W. Adelberg

    Net metering, the practice of allowing self-generators to sell surplus energy back to the grid at retail rates, is now allowed in over 40 states, but the debate over whether it unfairly subsidizes those generators at the expense of other utility customers rages on. While Dauphin County Industrial Development Authority v. Pennsylvania Public Utilities Commission is a notable victory for net metering, more legal issues on the topic a... (continued)

  • 11th Circ. Creates Flexibility For Courts On FLSA Suits

    Sara Soto

    The standard articulated in the Eleventh Circuit's decision in Schumann v. Collier Anesthesia PA provides courts with tremendous flexibility in determining whether unpaid interns might be entitled to wages and overtime pay. Given the incidence of internships today, the ruling heightens potential Fair Labor Standards Act concerns for employers, say Sara Soto and Joelle Simms of Bressler Amery & Ross PC.

  • Using The Unfortunate Event Test For NY Insurance Claims

    Larry P. Schiffer

    When insurance policy language does not evince an intent to aggregate separate incidents or claims into a single accident or occurrence, New York courts turn to the unfortunate events test to determine whether claims should be aggregated, which raises interesting questions about the accident or occurrence language used by insurance companies, says Larry Schiffer at Squire Patton Boggs LLP.