Appellate

  • January 19, 2018

    Frat, Sorority Sisters Face Liability In Ill. Hazing Death

    The Illinois Supreme Court found Friday that the state's anti-hazing statute allows sorority women at an event where a Northern Illinois University fraternity pledge drank himself to death to face liability along with the frat in a suit filed by the student's father. 

  • January 19, 2018

    7th Circ. Upholds Sentences In $4.3M Health Care Fraud

    The Seventh Circuit on Friday upheld the prison sentences of a man and a woman convicted in a $4.3 million scheme to defraud Medicare, finding the district judge used proper calculations and considerations to determine their sentences. 

  • January 19, 2018

    Trump Asks High Court To Review Order Maintaining DACA

    The Trump administration urged the U.S. Supreme Court on Thursday to “vindicate the law” by leapfrogging over the Ninth Circuit and reviewing a California federal court’s temporary pause of the federal government’s move to wind down the Deferred Action for Childhood Arrivals program.

  • January 19, 2018

    Lloyd's, SFA End $64M Dickstein Malpractice Coverage Row

    The Ninth Circuit on Tuesday dismissed a dispute between Lloyd's of London and SFA Group over responsibility for a $64 million malpractice judgment against a former Dickstein Shapiro lawyer, at the request of both parties.

  • January 19, 2018

    TierOne CEO’s 11-Year, $3M Sentence Confirmed By 8th Circ.

    A federal appeals court on Friday rejected a challenge by the former CEO of Nebraska’s failed TierOne Bank of his conviction, 11-year prison sentence and $3.1 million fine, saying jurors and the judge who oversaw the case made the appropriate decisions.

  • January 19, 2018

    Leaker Cop Forfeits Benefits With Guilty Plea, NJ Panel Says

    A state appellate court affirmed Friday the forfeiture of a former New Jersey police officer’s disability retirement benefits after he admitted to tipping off drug dealers about an undercover wiretap investigation.

  • January 19, 2018

    Fla. Atty In Allied Veterans Gambling Case Wins Costs

    Florida's Fifth District Court of Appeal ruled Friday that a Jacksonville attorney, whose conviction for helping a purported charity run a $300 million illegal gambling ring was overturned, is entitled to collect costs under state law because the state declined to pursue further prosecution.

  • January 19, 2018

    Republicans Back Union In Fees Case At High Court

    A group of past and present Republican state and local lawmakers along with two dozen former presidents of the Washington, D.C., bar on Friday threw their support behind a union’s fight urging the U.S. Supreme Court not to block state unions from making workers cover bargaining costs.

  • January 19, 2018

    Fla. Gov. Appoints State Agency's GC To Appeals Court

    Florida Gov. Rick Scott on Friday appointed the general counsel of the Florida Department of Management Services to a seat on the bench of the Second District Court of Appeal.

  • January 19, 2018

    Pa. Appeals Court Slams Trial Court Over Transfer Order

    A Philadelphia County court “played into defendants’ hands” by ignoring a number of late filings and made other mistakes in deciding to transfer a medical malpractice suit over the death of a toddler to another court 60 miles away, a Pennsylvania appeals court said Thursday.

  • January 19, 2018

    7th Circ. Won't Revive Claims Of 1,000 Pfizer Suits In MDL

    The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.

  • January 19, 2018

    Mass. Justices Revive Condo Owners' Hazardous Waste Suit

    Massachusetts’ highest court on Friday gave the owners of some units at the Grand Manor Condominium Association in Lowell another shot at their bid to make the city pay them millions of dollars for damaging their property by releasing hazardous materials like lead and arsenic when operating it as a dump.

  • January 19, 2018

    Texas Justices To Hear Wastewater Disposal Well Tax Fight

    The Texas Supreme Court on Friday agreed to review a dispute between saltwater disposal well companies and the Parker County Appraisal District in which the companies argue that the district’s decision to tax their underground wastewater disposal wells separately from the surface constitutes unconstitutional double taxation.

  • January 19, 2018

    Client Insult Protected From Atty Defamation Suit: NJ Court

    Whether or not a defendant in a fee dispute with his former attorney actually believed the lawyer was a "no good drunk,” as he wrote in an email, is irrelevant to whether the statement was protected by the litigation privilege, a New Jersey appeals court said Friday.

  • January 19, 2018

    3rd Circ. Affirms Medco's Win In FCA Kickback Suit

    The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.

  • January 19, 2018

    Fed. Circ. Gives Patent Damages Experts More Flexibility

    The Federal Circuit’s decision to toss out a $48 million award Exmark won against Briggs & Stratton should alleviate concerns about patent drafting tricks being used to inflate damages awards, although attorneys said it will give experts more flexibility in their damages analyses.

  • January 19, 2018

    Fed. Circ. OKs Gilstrap Erasing Jury's Invalidity Verdict

    U.S. District Judge Rodney Gilstrap was right to let a jury skip ruling on whether a medical device maker’s patents were valid after they found a competitor didn’t infringe them, and he was clear to send the jury back when they did rule on validity, the Federal Circuit said Friday.

  • January 19, 2018

    Ford, Class Fight Exhaust-Odor Deal Objector In 11th Circ.

    Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.

  • January 19, 2018

    Media Groups Fight To Undo FCC Ownership Deregulation

    Two media organizations have launched a challenge to the Federal Communications Commission’s deregulation of its broadcast media ownership rules, telling the Third Circuit that the agency slashed important diversity safeguards without ample justification.

  • January 19, 2018

    DC Circ. Upholds NRC's Wyo. Uranium Mine License

    The D.C. Circuit on Friday rejected environmental groups’ effort to revive their challenge to the U.S. Nuclear Regulatory Commission’s decision to issue a license for Strata Energy Inc.’s uranium mining project in Wyoming.

Expert Analysis

  • Opinion

    An Important Evidentiary Issue In The ‘Blurred Lines’ Appeal

    Richard Busch

    The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.

  • Fed. Circ. Presens Ruling Provides Insights On Prior Art

    Samuel Drezdzon

    The technology at issue in University of Maryland v. Presens offers patent practitioners a relatively straightforward illustration of the useful but sometimes tricky technique of starting with a primary reference’s base physical structure and/or principle of operation, and modifying it with a more narrowly tailored teaching from a second reference, says Samuel Drezdzon of Haynes and Boone LLP.

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • Ruling On Short Sandwiches May Cast A Long Shadow

    J. Philip Calabrese

    One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • IPR Appeals In 2017: The Outcomes In Remands To PTAB

    Kerry Taylor

    One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.

  • 3-D Printing, ITAR Issues Not At High Court — Yet

    Kelsey Wilbanks

    While the U.S. Supreme Court denied Defense Distributed’s petition for writ of certiorari last week, this case commands intense scrutiny because of the intersection between 3-D printing and regulations on the export of defense articles and services, including technical data, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.