Appellate

  • May 26, 2020

    Michael Flynn Sees An Unlikely Ally In Ruth Bader Ginsburg

    As the showdown between Michael Flynn and a D.C. federal judge heats up, the president's former national security adviser has invoked the words of an unlikely source — U.S. Supreme Court Justice Ruth Bader Ginsburg — to support the retired general's bid to escape prosecution.

  • May 26, 2020

    ITC Asks Justices To Send Patent Dispute Back To Fed. Circ.

    The International Trade Commission asked the U.S. Supreme Court on Tuesday to send a patent dispute involving Comcast set-top boxes back to the Federal Circuit to be reconsidered since the ITC's orders blocking the importation of the boxes have expired, making the case moot.

  • May 26, 2020

    Judgment Reversed In Marijuana Fire Coverage Dispute

    A California appeals court sent to trial a landlord's suit over insurance coverage of a fire resulting from a tenant's illegal modification of the electrical system to grow marijuana, saying Tuesday that a jury needs to decide whether the landlord knew or could have found out about the tenant's actions.

  • May 26, 2020

    Justices End SD's Attempts To Tax Sales At Tribal Casino

    The U.S. Supreme Court on Tuesday ended South Dakota's efforts to tax spending by nontribal members at a Native American casino, turning down the state's challenge to an Eighth Circuit holding in favor of the Flandreau Santee Sioux Tribe.

  • May 26, 2020

    DC Circ. Sides With HHS In Long-Running Hospital Pay Fight

    The D.C. Circuit on Tuesday sided with the U.S. Department of Health and Human Services in a long-running dispute with hospitals over reduced reimbursements for inpatient admissions, finding the hospitals weren't entitled to more relief than they'd already gotten.

  • May 26, 2020

    Justices Won't Hear Ohio Citizens' Pot Ballot Measure Fight

    Ohio residents on Tuesday lost their bid to get the U.S. Supreme Court to determine whether and how the First Amendment applies to subject matter restrictions on ballot initiatives with regard to their efforts to get marijuana decriminalization measures on the ballot.

  • May 26, 2020

    NCAA Hoops Trio Say Bridgegate Shows Gov't Overreached

    Three men convicted of defrauding certain colleges by making illicit payments to basketball recruits in violation of NCAA rules told the Second Circuit on Friday that the U.S. Supreme Court's recent decision to toss convictions from the Bridgegate scandal shows that they should not have been convicted of fraud. 

  • May 26, 2020

    Pa. Panel Preserves Reinstated $2.4M Broken Leg Verdict

    After the Pennsylvania Supreme Court reinstated a $2.4 million jury verdict, a lower appeals court on Tuesday resolved the remaining appellate issues in the suit accusing a hospital of causing a knee surgery patient's fall and broken leg, saying the reinstated verdict should be left intact.

  • May 26, 2020

    Mass. Justices OK Ballot Question To Change Booze Rules

    Massachusetts' high court said Tuesday that a proposed ballot initiative easing restrictions on alcohol sales passes legal muster, paving the way for the question to go before voters in November.

  • May 26, 2020

    Auto Group Defends New GHG Standards At DC Circ.

    An auto industry group is throwing its support behind the federal government's new greenhouse gas and fuel economy standards, telling the D.C. Circuit it should be a party in a challenge to the rule brought by the Competitive Enterprise Institute, which has said it wants the standards frozen.

  • May 26, 2020

    Mass. Jury Trials To Remain Delayed Until September

    The Massachusetts Supreme Judicial Court on Tuesday delayed all state court jury trials until at least Sept. 8 and kept the courts closed to the public through June due to the COVID-19 pandemic.

  • May 26, 2020

    High Court Won't Review GE, Teva Patent Appeals

    The U.S. Supreme Court refused Tuesday to take up an appeal by General Electric over the Federal Circuit's "rigid rules" on who can contest an unsuccessful patent challenge, as well as a Teva unit's appeal of a written description ruling that it claimed could lead to "perverse consequences."

  • May 26, 2020

    Fla. Gov. Taps State Judge, Kobre & Kim Atty For High Court

    Florida Gov. Ron DeSantis made two long-awaited appointments to the Florida Supreme Court on Tuesday, tapping a Miami-based partner at Kobre & Kim LLP and a state judge from Palm Beach County despite the latter's ineligibility to be sworn in until September.

  • May 26, 2020

    Justices Won't Review Oil Survey Data Infringement Row

    The U.S. Supreme Court on Tuesday declined to consider a dispute over the alleged infringement of copyrighted seismic data brought by a Canadian oil exploration company against its U.S. competitor.

  • May 26, 2020

    Farm Wants 8th Circ. To Review Its Ruling In Silo Damage Suit

    A farming company asked the Eighth Circuit on Tuesday to reconsider its finding that damage to grain silos was not an "accident" because it was a foreseeable result of shoddy workmanship, saying the panel's decision goes against precedent and essentially eliminates general liability coverage for contractors.

  • May 26, 2020

    High Court Won't Block Remedy For Deadly Prison Outbreak

    The U.S. Supreme Court on Tuesday refused to block a court order that forces an Ohio federal prison dealing with a deadly COVID-19 outbreak to streamline the transfer of vulnerable inmates, taking issue with the "procedural posture" of the government's request.

  • May 26, 2020

    High Court Won't Review Nonconsensual Ch. 11 Releases

    The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.

  • May 26, 2020

    Justices Pass On Fight Over Timeliness Of Superfund Claims

    The U.S. Supreme Court on Tuesday declined to review a Seventh Circuit decision that forced a steel company to pay for the bulk of cleanup efforts at an Indiana steel mill site in a case the company said could help uniformly establish the timeliness of cleanup suits.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 26, 2020

    Justices Won't Review Couple's $3.4M Tax Debt, Sale Protest

    The U.S. Supreme Court declined Tuesday to review an Illinois couple's efforts to challenge their $3.4 million tax liability and the government's sale of their assets to satisfy that debt.

  • May 26, 2020

    Justices Let Trans Woman's Widow Sub Into Bias Case

    The U.S. Supreme Court on Tuesday allowed the widow of Aimee Stephens, a transgender woman who died earlier this month, to take her place in a major LGBTQ rights case on workplace discrimination to be decided in the coming weeks.

  • May 26, 2020

    9th Circ. Says Climate Suits Belong In State Court

    Chevron Corp. and other fossil fuel companies may have to face suits by California cities and counties seeking climate change-related infrastructure damages in state court after the Ninth Circuit said Tuesday that the cases don't raise issues of federal law.

  • May 26, 2020

    5th Circ. Won't Revive Phillips 66 Workers' ERISA Suit

    The Fifth Circuit affirmed Phillips 66's win in a proposed class action alleging the oil and gas company allowed employees to invest their retirement savings too heavily in Phillips' former parent company despite knowing the stock was a risky investment.

  • May 26, 2020

    NJ Justices Remove 'Close Your Legs' Judge From Bench

    The New Jersey Supreme Court on Tuesday ousted a state judge for asking a sexual assault accuser whether she closed her legs and later joking about the case with his staff, siding with a special panel's determination that he should be removed from the bench.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

Expert Analysis

  • Accelerating Regulatory Reform For Replica Vehicles

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    Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • NYC COVID-19 Lease Guarantee Law May Be Unconstitutional

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    A New York City law signed into law Tuesday cancels personal guarantees executed in conjunction with commercial leases when tenants default on rent due to COVID-19, setting up a potential clash between the city's police powers and the U.S. Constitution's contracts clause, says Massimo D'Angelo at Adam Leitman.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • Opinion

    Google's Fair Use Defense At High Court Is Disingenuous

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    Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Increasing Fed. Circ. IPR Appeals Are Shaping Patent Law

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    Exponentially increasing appeals of inter partes reviews from the U.S. Patent and Trademark Office, alongside declining appeals from district courts, is significantly shaping patent law from the level of deference applied by the Federal Circuit to burdens of proof and claim construction standards, say Debbie McComas and Eugene Goryunov at Haynes and Boone.

  • Maximizing Defense Advantages In Jurisdictional Discovery

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    When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Superfund Ruling May Increase Landowners' Cleanup Liability

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    The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

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