• October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    Del. Trust Urges Justices To Join Appeal In EFH Case To Jevic

    Delaware Trust Co. has urged the U.S. Supreme Court to consider pairing its appeal from a disputed $4 billion Energy Future Holdings Co. bankruptcy refinancing deal with another closely watched case already granted certiorari and already tagged as a potential landmark for structured Chapter 11 settlements.

  • October 21, 2016

    Ginsburg Trading Bench For Stage In DC Opera Performance

    Renowned opera lover and U.S. Supreme Court Justice Ruth Bader Ginsburg will perform for one night only in the Washington National Opera’s upcoming production of “The Daughter of the Regiment” in the speaking role of the Duchess of Krakenthorp.

  • October 21, 2016

    TD Ameritrade Ditches Securities Suit At 11th Circ.

    The Eleventh Circuit on Friday nixed a securities suit alleging TD Ameritrade Inc. aided in a Ponzi scheme perpetrated by a convicted fraudster, upholding a lower court’s ruling that TD’s role as the custodian of transactions was not enough to allege it knew of, controlled or materially aided the fraud.

  • October 21, 2016

    Feds, Law Profs Back Oregon In 9th Circ. Mining Appeal

    A group of “Western public land” law professors, the federal government and the states of California and Washington are throwing their weight behind Oregon’s law temporarily banning some mining methods in sensitive salmon habitats, filing amicus briefs with the Ninth Circuit in support of the state.

  • October 21, 2016

    PE Fund Turns To High Court In Texas Hospital Buy Suit

    Several entities tied to private equity fund Nautic Partners LLC have asked the U.S. Supreme Court to keep them from facing Texas state court claims they poached a prime hospital acquisition target, saying the Texas Supreme Court made an end run around due process rights.

  • October 21, 2016

    1st Circ. Clears DOT In Drivers' Privacy Suit Over Safety Data

    The First Circuit on Friday affirmed the dismissal of a privacy suit against the U.S. Department of Transportation brought by a proposed class of professional drivers over the doling out of information to prospective employers about their minor driving infractions, saying the law is mum on disclosing “nonserious” violations.

  • October 21, 2016

    4th Circ. Revives Abu Ghraib Torture Suit Against Contractor

    The Fourth Circuit revived a suit brought by four Iraqi men claiming they were tortured by interrogators employed by CACI Premier Technology Inc. at Abu Ghraib prison, finding Friday that the defense contractor's ties to U.S. military operations do not automatically shield it from the allegations.

  • October 21, 2016

    High Court Asked To Review Apple Patent Win Under Cuozzo

    SightSound Technologies has asked the U.S. Supreme Court to overturn the Federal Circuit’s finding that it is jurisdictionally barred under the high court’s Cuozzo decision from considering if the Patent Trial and Appeal Board erred when it invalidated two SightSound patents challenged by Apple Inc. on grounds Apple didn't explicitly raise.

  • October 21, 2016

    7th Circ. Rules Against Fired Worker Who Sued Colleagues

    As long as a statement is substantially true it cannot give rise to a claim for tortious interference under Wisconsin state law, the Seventh Circuit said Thursday, upholding a lower court’s ruling against a man who sued former colleagues after he was fired from a Wisconsin medical research institution.

  • October 21, 2016

    Arab Bank Can Face Terror Financing Suit, Justices Told

    Relatives of victims of terrorist attacks have asked the U.S. Supreme Court to decide whether Arab Bank PLC is immune from lawsuits under the Alien Tort Statute alleging it provided bank accounts for terror groups, arguing the Second Circuit split from several others when deciding it was.

  • October 21, 2016

    Texas Justices Won't Take Up Bass Family Oil Lease Fight

    The Texas Supreme Court declined Friday to grant review to several oil and gas companies who argued that when Chesapeake Exploration farmed out oil and gas operations on specific leases, including one owned by the billionaire Bass family, the leases expired, leaving intact a ruling that Chesapeake had the right to transfer the operations.

  • October 21, 2016

    Maine Slams Would-Be Amicus In Tribe's River Rights Row

    The Maine Indian Tribal-State Commission should not get extra time to prepare a brief it has no place filing in the first place concerning a First Circuit challenge to a decision limiting the Penobscot Nation’s reservation boundaries, the state said Thursday.

  • October 21, 2016

    Ruling Against Offshore Partnerships Final, 3rd Circ. Says

    A Third Circuit panel refused Friday to upend a lower court determination refusing dismissal of an Internal Revenue Service fight with limited liability companies contesting an offshore tax burden from a $180 million technology company transaction, instead agreeing that the matter is final.

  • October 21, 2016

    EPA Says DC Circ. Shouldn't Scrap Sewage Rules Nationwide

    The Environmental Protection Agency urged a D.C. Circuit panel Friday not to toss out the agency's interpretation of rules for sewage treatment plants, pushing the panel to let the objectors wind their way though state courts.

  • October 21, 2016

    Offshore Worker Injury Suit Heads For Texas High Court

    The Texas Supreme Court on Friday agreed to hear an offshore oil and gas company’s argument it can’t be held liable under the Jones Act to a worker injured when one of its ships was undergoing major reconstructions.

  • October 21, 2016

    Ex-Army Officer Can't Nix Guilty Plea At 10th Circ.

    The Tenth Circuit on Friday refused to toss the guilty plea of a former U.S. Army officer in an alleged bribery scheme to win $54 million in government contracts in Afghanistan, calling it "a clear case of buyer’s remorse.”

  • October 21, 2016

    Ill. Apartment Condemnation Battle Hits Supreme Court

    A more-than-15-year dispute over an Illinois city's condemnation of a pair of apartment buildings has made its way to the U.S. Supreme Court, which the building owners asked to overturn a ruling that the city can take over and tear down the buildings.

  • October 21, 2016

    Enviros Press DC Circ. To Act On $971M Pipeline Block Plea

    A coalition of environmental and community groups urged the D.C. Circuit on Thursday to rule on their bid to halt construction of a $971 million gas pipeline project before Oct. 28 because the developer has asked the Federal Energy Regulatory Commission for authorization to put into operation most of the project by that date.

  • October 21, 2016

    Green Card Class Wants Bond Ruling Upheld At High Court

    A green card holder representing a class of noncitizens challenging their detention has urged the Supreme Court to keep intact a Ninth Circuit ruling that certain immigrants are entitled to automatic bond hearings following six months of detention, saying prolonged civil confinement without such hearings violates due process rights.

Expert Analysis

  • Equitable Mootness In The Municipal Bankruptcy Context

    Laura E. Appleby

    In applying the doctrine of equitable mootness to claims challenging the Detroit bankruptcy plan, the Sixth Circuit assured creditors of municipalities that they can rely on court-approved bankruptcy plans. However, completion of the appellate process could be a long way off given a potential conflicting decision from the Eleventh Circuit, say Laura Appleby and Todd Dressel of Chapman and Cutler LLP.

  • OPINION: The 2nd Circ.'s Misguided Approach To Antitrust

    David Balto

    The Second Circuit's recent decision in American Express obscures the purpose of the antitrust laws, is inconsistent with decades of antitrust jurisprudence, and will handicap the ability of the antitrust agencies and courts to challenge anti-competitive conduct in dozens of markets, says David Balto, a former policy director at the Federal Trade Commission.

  • The Supreme Court Vacancy And An Equally Divided Court


    The seat on the U.S. Supreme Court left vacant by the death of Justice Antonin Scalia has been empty now for more than six months. As a result, the ability of the remaining eight-justice court to decide cases is impaired. This is nowhere more apparent than in the number of recent cases deadlocked on a 4-4 tie vote, says David Axelrad of Horvitz & Levy LLP.

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys at Kaufman Dolowich & Voluck LLP.

  • Apple V. Samsung: Consumer Input In Design Patent Cases

    Betsy D. Gelb

    Samsung was joined by the U.S. Department of Justice in suggesting that a fact-finder conduct a test to determine how much of the value of a technology product was due to its design patents. That approach appears tailor-made for consumer research. The precedents come from litigation over infringement of utility patents, say Betsy Gelb, a professor at the University of Houston's Bauer College of Business, and Gabriel Gelb of Endeavor Management.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Definition Of 'Disposal' Limits CERCLA's Applicability

    Joshua L. Milrad

    In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Re-Examining Fair Consideration For Restrictive Covenants

    Peter A. Steinmeyer

    In Reed v. Getco an Illinois appeals court recently ruled that Getco could not waive an employee's noncompete period in order to avoid paying him for a post-employment noncompetition period. In the last few years courts in multiple states have considered similar disputes and in light of this judicial climate employers have been exploring the meaning of “consideration” in the noncompete context, says Peter Steinmeyer of Epstein Becker & Green PC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.