Appellate Law360 provides breaking news and analysis on appellate law. Coverage includes major cases in the federal courts of appeal, the U.S. Supreme Court, and state-level appeals courts, with a focus on petitions, briefs, oral arguments, decisions, and other major activity.
The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.
A Ninth Circuit judge appeared skeptical Wednesday of Bio-Rad Laboratories Inc.'s arguments in favor of overturning an $11 million whistleblower judgment against the company, repeatedly questioning its counsel during a hearing on how an erroneous jury instruction would change the outcome of the verdict.
KKR & Co. Inc. and the Australian investment bank Macquarie told a New York state appeals panel on Wednesday that a lower court erred by failing to dismiss claims that they rigged an auction for 11 Texas apartment complexes, saying their accuser did not follow auction rules.
The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.
The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.