Appellate

  • May 24, 2016

    White House Asks High Court To Nix Jevic Ch. 11 Decision

    The Obama administration urged the U.S. Supreme Court Monday to overturn a controversial decision that allowed a trucking company and its senior creditors to use a structured dismissal of a Chapter 11 case to avoid paying legal claims arising from employee layoffs, saying such maneuvering upends the bankruptcy payment structure.

  • May 24, 2016

    11th Circ. Finds Collectors At Risk In Pursuing Old Debts

    Creditors are not free from liability under the Fair Debt Collection Practices Act if they try to make claims against bankrupt debtors after the statute of limitations has run out, the Eleventh Circuit ruled Tuesday.

  • May 24, 2016

    Brady Narrows Deflategate Focus For Fourth-Quarter Effort

    New England Patriots quarterback Tom Brady and the NFL players union are shifting the focus of their arguments in the Deflategate case to an issue that could have an impact on labor arbitration across the country, but experts are still skeptical it will be enough to keep the long-shot case alive.

  • May 24, 2016

    'American Hustle' Microwave Scene Not Libelous, Court Finds

    A California appeals court on Tuesday tentatively dismissed a scientist's $1 million defamation suit slamming the producers of “American Hustle” for a scene in which Jennifer Lawrence's character attributes bunk science about microwaves to the scientist, finding audiences wouldn't take the character's statements as fact.

  • May 24, 2016

    Texas Tells 5th Circ. Voter ID Law Not Discriminatory

    Texas' solicitor general told an en banc panel of the Fifth Circuit during oral arguments Tuesday that the state's controversial photo identification voting law should be allowed to stand because it does not deny anyone an equal opportunity to vote.

  • May 24, 2016

    El Salvadoran Who Cited Gangs Loses Asylum Bid Again

    The First Circuit on Monday rejected a petition from an asylum-seeking woman from El Salvador who had contended that as a Catholic school student she was subject to threats from gangs, ruling she hadn’t presented a new argument about her other social groups to the lower judges.

  • May 24, 2016

    Fed. Circ. Won't Rehear IP Row Over Container Patent

    The Federal Circuit on Tuesday declined to rehear its decision that German chemicals company Sud-Chemie AG did not infringe rival CSP Technologies Inc.'s patent covering moisture-free containers for consumer goods.

  • May 24, 2016

    States Slam EPA's Bid To Keep MATS Fight Out Of High Court

    States wrestling with the U.S. Environmental Protection Agency over its Mercury and Air Toxics Standards rule on Monday pressed the U.S. Supreme Court to consider whether a court can remand a legally defective rule without vacating it.

  • May 24, 2016

    Law Firms Defend Use Of Engle Tobacco Findings At 11th Circ.

    The lawyers representing Engle progeny plaintiffs in Florida state courts told the Eleventh Circuit it shouldn't consider R.J. Reynolds' assertions that reliance on the landmark case's jury findings violates the cigarette maker's due process rights because the issue has already been decided by the Florida Supreme Court.

  • May 24, 2016

    2nd Circ. Tosses Verdict Over Jury Selection Bias Allegation

    The Second Circuit on Tuesday ordered a new trial in state court for a negligence and wrongful death lawsuit brought by the son of a woman who fell from a train station platform, saying a New York federal judge failed to properly consider the plaintiff's allegations of racial bias in jury selection.

  • May 24, 2016

    Ill. Court Says Ind. Law Applies In $5M Insurance Dispute

    An Illinois appeals court on Monday nixed a ruling that Cincinnati Insurance Co. owes an Indiana roofing supplier coverage for a $4.9 million Telephone Consumer Protection Act class action settlement, sending the dispute back to the lower court to apply Indiana law instead of Illinois law.

  • May 24, 2016

    6th Circ. Won't Revive General Cable Investors' Fraud Suit

    The Sixth Circuit on Tuesday refused to restart a suit by investors claiming General Cable Corp. violated securities laws by putting out financial statements that left out losses from a theft scheme, saying there's not enough evidence to infer the company intended to mislead investors.

  • May 24, 2016

    NBC Urges 2nd Circ. To Affirm 'Bomb' Target Defamation Win

    NBCUniversal News Group urged the Second Circuit on Monday to affirm the dismissal of a defamation suit brought over a report on the “Today” show that called exploding rifle targets “bombs,” saying that its story was of public importance and substantially true.

  • May 24, 2016

    Schiff Hardin, Atty Dodge Malpractice Suit Over Arena Deal

    An Illinois appeals court on Monday tossed a suit accusing a Schiff Hardin LLP attorney and the firm of malpractice in connection with a failed $20 million sports arena deal, saying the suit was filed too late.

  • May 24, 2016

    Seminoles Says Fla. Misstated 11th Circ. Ruling In Tax Row

    The Seminole Tribe of Florida again urged the U.S. Supreme Court on Tuesday to hear its petition on the issue of whether a state utilities tax is an impermissible direct tax on the tribe, saying a state official mischaracterized an Eleventh Circuit ruling upholding the tax.

  • May 24, 2016

    5th Circ. Sides With Gasoline Cos. In Cancer Expert Fight

    The Fifth Circuit refused Monday to reinstate experts who would have provided grounds to revive a suit against Shell Oil Co., Chevron USA and Texaco Inc. brought by a woman who said her late husband got cancer from exposure to gasoline containing benzene.

  • May 24, 2016

    Merck Investors Fight For American Pipe Tolling At 3rd Circ.

    A group of institutional funds on Monday urged the Third Circuit to affirm that the so-called American Pipe tolling standard preserves their misrepresentation claims over Merck’s Vytorin because their claims were originally brought under a now-settled class action filed within the five-year statutes of repose.

  • May 24, 2016

    11th Circ. Upholds Post-Retirement Commissions As Taxable

    The Eleventh Circuit on Tuesday agreed with the U.S. Tax Court that performance-based payments made to a former Mary Kay sales director following her retirement are subject to self-employment tax.

  • May 24, 2016

    Dems Argue High Court Vacancy Could Harm Small Business

    Democratic leaders on Tuesday continued to criticize their Republican counterparts over their “obstruction” of U.S. Supreme Court nominee Judge Merrick Garland, releasing a so-called special report highlighting claimed potential negative impacts of a “weakened” high court for small businesses.

  • May 24, 2016

    Wal-Mart Can't Topple NJ Worker's Win In Firing Row

    The Third Circuit on Tuesday rejected Wal-Mart's bid to overturn a nearly $500,000 award to a former employee who claimed he was fired for taking sick leave, ruling that there was evidence, including emails and termination paperwork, that he lost his job because of his medical condition.

Expert Analysis

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • An FCA Update As We Await High Court's Escobar Decision

    Brad Robertson

    The federal False Claims Act may soon be reshaped. With a case pending before the U.S. Supreme Court on the controversial theory of implied false certification, a pair of interesting cases in the Second Circuit and a recent House Judiciary Subcommittee raising issues of FCA reform, the law may face changes in text or interpretation, say attorneys with Bradley Arant Boult Cummings LLP.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Administrative Law Is Influencing Fed. Circ. IPR Cases

    Robert P. Parker

    A review of Federal Circuit decisions in inter partes review cases shows that the court is reviewing IPR decisions using the standard tools of administrative law. The Federal Circuit has a large body of administrative law precedent, but it is concentrated in nonpatent cases. Patent lawyers would do well to follow the court’s decisions in these other areas, say Robert Parker and Daniel McCallum of Rothwell Figg Ernst & Manbeck PC.

  • The Evolution Of SOX: A Powerful Remedy For Retaliation

    Jason Zuckerman

    The Fourth Circuit's decision in Deltek Inc. v. U.S. Department of Labor is notable for its contribution to the Sarbanes-Oxley Act's expansion into a strong antidote against retaliation. Deltek and other recent SOX decisions indicate that SOX is a potent solution and that retaliation against a whistleblower can be quite expensive for a company, says Jason Zuckerman, principal at Zuckerman Law.

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • 4th Circ. Takes A Conservative Approach To LGBT Rights

    Susan Warner

    While the Fourth Circuit’s recent ruling in Grimm v. Gloucester County School Board has been referred to as a landmark victory for transgender rights by some, a more careful reading of the decision indicates that the ruling was not necessarily a breakthrough for transgender rights, but a decision based on a conservative judicial approach to executive agency deference, says Susan Warner at Nelson Mullins Riley & Scarborough LLP.

  • Issues High Court Will Address In Patent Laches Case

    Marilyn Neiman

    In SCA v. First Quality, the U.S. Supreme Court will decide whether laches should remain available to bar a patent infringement claim for damages occurring within the Patent Act's six-year damages period. This is important — without laches, an infringer may be caught by surprise years after its initial decision to commercialize its product, says Marilyn Neiman of Cozen O’Connor LLP.

  • Insurers Shouldn't Overreach In Gov't Investigations

    Nicholas P. Basco

    Insurance companies should be careful not to coordinate too closely with state agencies when assisting on insurance fraud investigations, so as to prevent possible civil rights and constitutional claims from individuals who may be investigation targets, like in Patel v. Allstate at the Third Circuit, says Nicholas Basco at Bressler Amery & Ross PC.