Appellate

  • April 27, 2017

    CNN Video Privacy Win Leaves Spokeo Door Open To App Users

    The Eleventh Circuit on Thursday gave another boost to mobile apps' ability to skirt video privacy claims by nixing a proposed class action brought by a CNN app user, but its refusal to find that the U.S. Supreme Court's Spokeo ruling bars the allegations from being brought in the first place leaves subscription-based services vulnerable to litigation.

  • April 27, 2017

    Misconduct Can’t Undo Med Mal Verdict, Ky. Justices Rule

    The Kentucky Supreme Court on Thursday reinstated a jury verdict clearing a doctor of medical negligence in connection with a patient’s surgeries to repair a broken arm, saying the jury was properly advised to disregard certain trial statements made by defense counsel that violated the trial judge’s order.

  • April 27, 2017

    11th Circ. Affirms $60M Tax Deficiency In Magnate's Estate

    The Eleventh Circuit on Thursday affirmed tax deficiencies of nearly $60 million against the estate of a former Pepsi products distributor and his revocable trust, saying that a loan to pay the estate’s tax liability was not a necessary expense.

  • April 27, 2017

    $9.6M Birth Injury Award Tossed Due To Lack Of ACA Info

    A California appeals court on Thursday tossed a jury's $9.57 million award to a boy who suffered a brain injury at birth for his future medical expenses, ruling the jury should have heard evidence about the benefits he could obtain under the Affordable Care Act and Medicaid.

  • April 27, 2017

    Pa. High Court Leaves Atty Liability Law Open To Challenge

    The Pennsylvania Supreme Court just upheld a law allowing attorneys to face civil liability for frivolous litigation, but experts say the ruling could inspire new challenges after the justices raised questions about both the availability of punitive damages under the statute and the standard for bringing claims.

  • April 27, 2017

    Nursing Home Wins Appeal Over $1M Punitive Damages, Fees

    A split Ohio appellate panel Thursday overturned a jury’s award of nearly $1 million in punitive damages and attorneys’ fees in a successful medical negligence suit against a nursing home, saying the patient’s estate failed to prove the home’s staff acted with malice.

  • April 27, 2017

    Ky. Supreme Court Reinstates Power Plant Water Permit

    The Kentucky Supreme Court on Thursday reversed a lower court and ruled that a coal power plant’s wastewater permit should be reinstated, deciding that the federal guidelines the permit was issued under did not require the company to make additional assumptions about its responsibilities.

  • April 27, 2017

    NY Law Sinks RICO Claims In Appeal In Hedge Fund Suit

    A New Jersey appeals court on Thursday affirmed the dismissal of Racketeer Influenced and Corrupt Organizations claims in a lawsuit alleging a network of investment professionals forced an insurer’s financial ruin, finding that New York law, which doesn’t allow private civil RICO claims, applied because the alleged wrongdoing was concentrated in the Empire State.

  • April 27, 2017

    Insurer Denied Builder Defense In Bad Faith: Wash. Justices

    Washington state's high court ruled Thursday that ProBuilders Specialty Insurance Co. refused in bad faith to defend a builder against claims a homeowner was sickened by carbon monoxide released from an improperly installed water heater, holding that a pollution exclusion in ProBuilders' policy does not erase coverage.

  • April 27, 2017

    9th Circ. Panel Remands Fresno School Equal Pay Ruling

    A Ninth Circuit panel on Thursday vacated a lower court’s order denying a California school superintendent’s bid for a quick win on an Equal Pay Act claim in a suit from a female employee saying she was paid less than her male counterparts, punting the case back to the lower court to rethink tossing the bid.

  • April 27, 2017

    Orrick Beats Ex-Handler Thayer Atty's Appeal In Firing Row

    The Second Circuit on Thursday affirmed the dismissal of an ex-Handler Thayer LLP attorney’s suit accusing Orrick Herrington & Sutcliffe LLP of trying to get him fired, ruling an Orrick attorney's email to the other firm wasn't close to being grounds for a claim.

  • April 27, 2017

    Fla. Gov., AG Say State Atty's Removal Not Unconstitutional

    A Florida state prosecutor's claim that the governor's unilateral decision to remove her from 23 homicide cases was unconstitutional does not fit with six requests for reassignments she presented him this year, the governor and state attorney general told the Florida Supreme Court in their formal response Wednesday night.

  • April 27, 2017

    7th Circ. Backs 6-Year Sentence For Stock Fraudster

    A Seventh Circuit panel on Thursday upheld a six-year fraud term for investment adviser Alan Gold, saying he had given no proof that his sentence for admitting to conning 13 people out of $1.8 million was too harsh.

  • April 27, 2017

    Feds Tell Supreme Court Not To Review Parents' Vaccine Suit

    The U.S. government has urged the U.S. Supreme Court not to review a decision that denied compensation to the parents of a child who was allegedly permanently injured as the result of a vaccine, saying the rejection was proper and didn’t violate previous high court precedent.

  • April 27, 2017

    Wash. Trucking Cos. Can't Bring Tort Claims On Taxes Owed

    A group of trucking companies must go through the normal administrative state tax appeals process to challenge employment tax assessments instead of bringing tort claims after the Washington Supreme Court ruled Thursday that state courts are restrained from awarding relief in the case.

  • April 27, 2017

    CNN App User Isn’t CNN Subscriber, 11th Circ. Finds

    The Eleventh Circuit refused Thursday to revive a CNN app user’s litigation over alleged privacy violations, saying in a published decision that the man has standing under the U.S. Supreme Court’s landmark Spokeo decision, but his claims fail regardless because he doesn’t qualify as a “subscriber” under the Video Privacy Protection Act.

  • April 27, 2017

    High Court Watchdog Wants Revival Of Recusal Explanations

    U.S. Supreme Court watchdog Fix the Court wants to re-adopt a practice of justices providing explanations for recusals in certain cases, saying this method, last used more than 100 years ago, would make it less likely for a conflict to be missed.

  • April 27, 2017

    TVA Liable For Secondhand Asbestos Death, 11th Circ. Says

    An Eleventh Circuit panel on Wednesday said that the Tennessee Valley Authority’s negligent asbestos practices caused the wife of one of its former employees to die painfully and prematurely, affirming much of an almost $3.5 million award in her favor.

  • April 27, 2017

    9th Circ. Tosses Calif. Truck-Filter Rule Challenge

    The Ninth Circuit on Wednesday rejected a group of independent truckers’ lawsuit alleging the California Air Resources Board unconstitutionally requires all commercial trucks rolling through the Golden State to install engine particulate filters, saying the district court properly dismissed the suit for being filed in the wrong forum.

  • April 27, 2017

    Lexington Wins Right To Arbitrate Exxon Coverage Fight

    A Texas appellate court Thursday sided with Lexington Insurance Co. in its coverage dispute with ExxonMobil Corp. over whether an umbrella policy provided Exxon coverage stemming from a deadly April 2013 fire at its Beaumont refinery, holding that an agreement between the parties calls for the claims to be arbitrated.

Expert Analysis

  • Justices Struggle With BPCIA Enigma

    Tasha Francis

    Amgen v. Sandoz is the U.S. Supreme Court's first opportunity to weigh in on the Biologics Price Innovation and Competition Act. At oral argument on Wednesday, the U.S. Food and Drug Administration’s role in interpreting and applying the BPCIA provisions took center stage, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Defining An Occurrence For Sexual Abuse Cases

    Katharine Thompson

    In Diocese v. Duluth, the Bankruptcy Court for the District Court of Minnesota ruled last month that each instance of sexual abuse counted as a separate trigger of insurance coverage. This decision clashes with a recent decision made by a Pennsylvania court, indicating that courts across the country will continue to grapple with trigger and number of occurrence issues related to sexual abuse, says Katharine Thompson of Gordon Rees ... (continued)

  • A Do-Over: Takeaways From Florida Court's Ober Revisit

    Paul Rush

    A Florida state court's recent reversal of its own 2016 decision in Ober v. Town of Lauderdale-By-The-Sea affirms the long-standing interpretation of Florida’s lis pendens statute. However, lenders should be on alert, for this ruling may not be the end of the road for Ober, says Paul Rush of Trenam Law.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • 'Milking' The 1st Amendment To Defend Food Label Claims

    Andre Timothy Hanson

    The Eleventh Circuit's decision in Ocheesee Creamery v. Putnam could have potentially significant ramifications for the labeling and advertising of foods and pharmaceuticals. The opinion shows that it may be time for companies to more aggressively defend their First Amendment rights, say Andre Timothy Hanson and Saul Howard Perloff of Norton Rose Fulbright US LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.