Appellate

  • October 24, 2014

    Tyson Worker Wants High Court Hearing in Race Bias Fee Fight

    A worker in a long-running racial bias case against Tyson Foods Inc. has asked the U.S. Supreme Court to review drastic cuts to his attorneys’ fee awards, arguing courts should not be allowed to apply unilateral reductions for one lawyer's alleged deficiencies.

  • October 24, 2014

    Texas Justices To Mull Cities' Immunity In Power Contract Row

    The Texas Supreme Court on Friday agreed to hear a case that asks whether the Lower Colorado River Authority can sue Boerne and other Texas cities for breach of contract over their early exit from a series of wholesale power agreements or whether the cities have immunity.

  • October 24, 2014

    NJ Diagnostic Co. Takes Merck Licensing Row To High Court

    Medical diagnostics company Pop Test Cortisol LLC has asked the U.S. Supreme Court to review a New Jersey appellate court decision in a licensing dispute with Merck & Co., in which the state court found the parties were bound to arbitration.

  • October 24, 2014

    6th Circ. Upholds GM's Win In $3B Suit Over Saab Sale

    General Motors Co. did not interfere with the bankruptcy sale of Saab Automobile AB by issuing public statements signaling its disapproval of the deal between Dutch car maker Spyker NV and Chinese investors, the Sixth Circuit ruled Friday, upholding the dismissal of a $3 billion suit.

  • October 24, 2014

    Texas High Court Will Review Bickel & Brewer DQ Order

    The Texas Supreme Court on Friday agreed to hear Bickel & Brewer LLP’s argument that it was wrongly disqualified from representing RSR Corp. in a $60 million contract dispute with Chilean mining company Inppamet SA, in a case that could clarify boundaries for how lawyers talk to employees of opposing parties.

  • October 24, 2014

    Inventor Asks High Court To Revive Lockheed Patent Row

    An inventor has petitioned the U.S. Supreme Court to review the Federal Circuit's decision to toss his suit against Lockheed Martin Corp. alleging the defense contractor infringed on two particle detector patents, saying the appellate court didn't properly consider his evidence.

  • October 24, 2014

    1st Circ. Says CVS Properly Removed Wage Row

    The First Circuit on Friday reversed the remand of a putative wage class action against CVS Pharmacy Inc., saying CVS’ removal shouldn’t have been nixed for being filed past the 30-day deadline outlined in the Class Action Fairness Act, since the act includes exceptions when a suit’s damages can be readily calculated.

  • October 24, 2014

    Latham & Watkins Partner Withdraws From AG Consideration

    Latham & Watkins LLP partner and former White House Counsel Kathryn Ruemmler has withdrawn from the race to succeed Attorney General Eric Holder, an administration official confirmed Friday.

  • October 24, 2014

    Cross-State Rule Will Gain Power As EPA Revises Air Regs

    The U.S. Environmental Protection Agency's revived cross-state air pollution rule won't have much regulatory oomph thanks to subsequent rules that do most of its job, but an expected rewrite of federal air quality standards could restore some bite.

  • October 24, 2014

    Exploration Co. Asks High Court To Take Oil Lease Dispute

    Oil and gas exploration company Century Exploration New Orleans LLC is seeking U.S. Supreme Court review of a decision allowing the government to add additional oil spill response requirements to its drilling lease, saying the decision would give the government free rein to impose new conditions on existing leases.

  • October 24, 2014

    Texas Justices Won't Review Bias Claim In $3.5M Oxbow Case

    The Texas Supreme Court on Friday let stand a $3.5 million judgment against an Oxbow Corp. unit in a dispute over a cogeneration contract, refusing to review a lower court's finding that the Porter Hedges LLP partner who arbitrated the case had not shown bias against Oxbow’s attorneys from Yetter Coleman LLP.

  • October 24, 2014

    Fed. Circ. Affirms Higher Duties For Chinese Saw Blade Cos.

    In a one-sentence opinion issued Friday, the Federal Circuit affirmed a decision by the U.S. Court of International Trade that found Chinese diamond saw blade companies had not done enough to show their independence from China's government to deserve their own anti-dumping order rates.

  • October 24, 2014

    11th Circ. Revives Integrity Trustee’s $70M Negligence Suit

    The Eleventh Circuit on Friday revived claims in which the Federal Deposit Insurance Corp., serving as the Chapter 7 trustee for the parent of failed Integrity Bank, sought $70 million from the bank’s ex-directors and officers for negligence, after the Georgia Supreme Court held the FDIC could assert such claims.

  • October 24, 2014

    NJ High Court Will Review $3.2M National Union Decision

    The New Jersey Supreme Court agreed Friday to review a state appeals court’s decision finding that National Union Fire Insurance Co. of Pittsburgh didn’t have to cover a $3.2 million settlement on behalf of a policyholder that allegedly mishandled a church and day care center’s real estate loan.

  • October 24, 2014

    3rd Circ. Won't Rehear Commerce Bank CEO's New Trial Bid

    The Third Circuit on Thursday refused to take a second look at its decision denying Commerce Bancorp’s former CEO a new trial in his suit seeking to claim a $17 million severance package that went unpaid after he was ousted from the bank.

  • October 24, 2014

    Texas High Court Won't Rethink Minority Shareholder Ruling

    The Texas Supreme Court on Friday denied a rehearing of its June decision that reversed a $7.3 million judgment and held that Texas law doesn’t recognize common-law claims for minority shareholder oppression, teeing the case up for a return to a lower appellate court.

  • October 24, 2014

    Kan. Justices Rule Broker's Omissions Can't Block Coverage

    The Kansas Supreme Court ruled Friday than an insurance broker acted as an agent when he submitted an application omitting key elements of an applicant’s medical history, finding an insurance company couldn’t later deny medically necessary treatment on the basis of failing to disclose a pre-existing condition.

  • October 24, 2014

    Texas Justices Won't OK Comptroller Depo Over Data Breach

    The Supreme Court of Texas on Friday said it would not revisit a lower appellate court’s decision to block a civil rights advocacy group from taking a deposition from the state comptroller about a 2010 online data breach that published personal information about millions of Texans.

  • October 24, 2014

    DC Circ. Won’t Revisit OSHA Law On Flammable Grain Dust

    The D.C. Circuit Court of Appeals on Friday said it wouldn’t vacate a federal rule defining combustible dust in grain operations as a “hazardous chemical” and requiring employees be informed about its dangers, saying that the rule was fairly disseminated and not overly vague.

  • October 24, 2014

    11th Circ. Refuses To Reignite War Over $2.7M Judgment

    Competing claims to a $2.7 million judgment in a securities fraud suit against Capital International Holdings Inc. and another debtor were properly put to rest when the full amount of the judgment was deposited to a federal court registry rather than collected from banks through a garnishment, the Eleventh Circuit found Thursday.

Expert Analysis

  • Economic Impact On Mortgage Lenders From Strip-Off Law

    Ilyse M. Homer

    Recent circuit court case law allowing “Chapter 20” debtors to strip off valueless junior liens on their homes may result in mortgage lenders having their junior-lien rights eviscerated, rendering them general unsecured creditors with no recourse to the collateral securing their indebtedness, say Paul Avron and Ilyse Homer of Berger Singerman LLP.

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

  • How VirnetX May Affect Post-Grant Review Evidence At Trial

    Bill Sigler

    VirnetX Inc. v. Cisco Systems Inc. — the first post-Commil Federal Circuit decision to squarely address the admissibility of post-grant review evidence at trial — did not foreclose the potential new avenue created by Commil, but instead reaffirmed that the district court has broad discretion in admitting or excluding such evidence, says Bill Sigler of Fisch Sigler LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Multistate Class Actions Face Tough Test At 3rd Circ.

    Joel E. Tasca

    Adding to its recent trend of case law raising the bar for plaintiffs seeking class certification, the Third Circuit's ruling in Grandalski v. Quest Diagnostics Inc. will make it even more difficult for consumers to gain certification of multistate classes when state law claims are being asserted, say Burt Rublin and Joel Tasca of Ballard Spahr LLP.

  • NY Water Withdrawal Just Got Easier For Power Generators

    Yvonne E. Hennessey

    The New York State Supreme Court's precedent-setting decision in Sierra Club v. Martens confirms that electric generating facilities in New York seeking an initial water withdrawal permit under the Water Resources Protection Act will not be subject to the State Environmental Quality Review Act, thus saving time and effort, say attorneys at Hiscock & Barclay LLP.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.

  • Florida Decision Protects Lien Rights For Contractors

    Jason Kellogg

    A recent state appellate court decision reinforces the lien rights of Florida’s contractors, subcontractors and suppliers by limiting the ability of developers to employ creative means to avoid those liens — likely stabilizing the market for payment bonds and deterring increased litigation between contractors and their sureties, says Jason Kellogg of Levine Kellogg Lehman Schneider & Grossman LLP.