Appellate

  • June 27, 2017

    BP, Shell Want 2nd Circ. To Review MTBE Case Revival

    Shell Oil Co. and BP Products North America asked the Second Circuit on Monday to revisit its decision to revive the Orange County Water District’s groundwater contamination claims, arguing that the allegations are too similar to a suit settled with the county district attorney to be valid.

  • June 27, 2017

    6th Circ. Won't Revive Time Magazine Suit, Despite Standing

    A class of Time Inc. magazine subscribers lost their bid Monday to reignite claims that their data was illegally sold to marketing companies, after the Sixth Circuit ruled that, despite the subscribers having standing to sue, Michigan’s privacy law didn’t apply because the subscriptions were purchased through third parties.

  • June 27, 2017

    Celgard Asks High Court to Ax Fed. Circ.'s One-Line Orders

    Celgard LLC has asked the U.S. Supreme Court to review an appeal of a Patent Trial and Appeal Board decision to invalidate its lithium battery technology patent, arguing that it was unconstitutional for the Federal Circuit  to issue a one-line order to dismiss its case.

  • June 27, 2017

    Wyly Estate, SEC Spar Over Whether Kokesh Ends Disgorgement

    The U.S. Securities and Exchange Commission and the estate of late business tycoon Charles Wyly Jr. shot off opposing briefs in the Second Circuit last week over whether the agency’s claims for disgorgement survive Wyly’s death or whether the U.S. Supreme Court’s recent Kokesh ruling puts his estate off the hook.

  • June 27, 2017

    Ga. Appeals Court Says Stroke Patient's Suit Can Continue

    A stroke patient will be able to proceed with most of his medical malpractice suit against a Georgia hospital and its staff after an appellate court determined that a trial judge was largely correct to refuse to toss the suit.

  • June 27, 2017

    Supreme Court Denies Cert In Transocean Investor Suit

    The U.S. Supreme Court said Tuesday it wouldn't hear an appeal of a Second Circuit decision that refused to revive a suit from Transocean investors who claimed they were deceived about company safety practices by the owner of the Deepwater Horizon drilling rig when Transocean merged with GlobalSantaFe Corp.

  • June 27, 2017

    License Covered Fiber-Optic Work, Contractor Tells 9th Circ.

    A telecommunications contractor that had sought to recover more than $18 million it said it was owed has told the Ninth Circuit that a California federal judge was wrong to rule that the company wasn't properly licensed to dig trenches to install a fiber-optic cable network.

  • June 27, 2017

    Supreme Court Will Take Up Iran Artifacts Case

    The U.S. Supreme Court on Tuesday said it would take up the question of whether Persian artifacts held in Chicago museums can be seized to satisfy a $71.5 million judgment won by victims of a 1997 Hamas bombing.

  • June 27, 2017

    High Court To Hear Ch. 11 Case Over Debt Recharacterization

    The U.S. Supreme Court agreed Tuesday to hear a bankruptcy dispute over whether debt to finance the acquisition of a golf and residential real estate development in North Carolina was correctly recharacterized as equity after the original loan was sold in an agreement to settle a foreclosure.

  • June 27, 2017

    A Look At New Jersey's Quarter-Century Sports Betting Saga

    The U.S. Supreme Court on Tuesday decided to review the state of New Jersey’s case over allowing casinos and racetracks to offer sports betting, keeping the hopes of the state and other sports betting proponents alive. Here, Law360 looks at New Jersey’s quarter-century-long dance with sports betting.

  • June 27, 2017

    Tax Code's 'Omnibus Clause' To Face High Court Review

    The U.S. Supreme Court on Tuesday agreed to hear a criminally convicted tax dodger’s challenge to the Internal Revenue Code’s “omnibus clause,” which makes obstruction of the code’s enforcement a criminal offense.

  • June 27, 2017

    Supreme Court To Review State Jurisdiction In Securities Suits

    The U.S. Supreme Court on Tuesday accepted network support products provider Cyan Inc.’s petition to review whether state courts have jurisdiction to hear investor suits over securities offerings, agreeing to resolve an issue that has divided lower courts.

  • June 27, 2017

    BREAKING: Justices To Tackle Sports Betting Legalization In NJ Case

    The U.S. Supreme Court will address a federal law banning states from authorizing sports betting, on Tuesday choosing to hear a challenge brought by New Jersey over its latest attempt to allow sports betting at its casinos and racetracks — a surprise move that will have the U.S. sports and gambling industries on their toes. 

  • June 26, 2017

    Certainty For Defendants Will Burden Institutional Investors

    The U.S. Supreme Court's Monday ruling that suits over securities offerings are subject to time limits that can't be extended by class action filings will give public companies a measure of certainty against unexpected claims, experts said, but will require more legwork from institutional investors to preserve their claims and could gum up courts with premature opt-out litigation.

  • June 26, 2017

    9th Circ. Keeps MLB Antitrust Immunity, But Fight Continues

    Minor league baseball players struck out Monday in the Ninth Circuit with claims that Major League Baseball unlawfully colludes to restrict their pay, yet plaintiffs’ attorneys plan to fight on, possibly setting the stage for U.S. Supreme Court review of the sport's nearly century-old antitrust exemption.

  • June 26, 2017

    9th Circ. Reverses Decision In Ex-Neiman Worker's ADA Suit

    A Ninth Circuit panel on Monday reversed a lower court’s ruling that rendered moot an ex-Neiman Marcus employee’s long-running case alleging he was fired for bringing claims under the Americans with Disabilities Act, ruling that nominal damages could have been awarded after he fought off an arbitration agreement. 

  • June 26, 2017

    Focus Shifts To Ties With U.S. In Latest Travel Ban Twist

    With the U.S. Supreme Court allowing President Donald Trump’s travel ban to be enforced against people who don’t have a clear link to the U.S., the question now becomes what exactly will qualify as a "bona fide relationship,” with experts predicting potential confusion, visa delays and additional litigation ahead.

  • June 26, 2017

    Justices Deny Case Over Differing PTAB, Fed. Circ. Rationales

    The U.S. Supreme Court on Monday refused to hear an appeal accusing a Federal Circuit panel of unfairly substituting its own reasoning for that of the Patent Trial and Appeal Board to find a transponder patent invalid as obvious.

  • June 26, 2017

    Punted Immigration Cases Put Gorsuch In Tie-Breaker Role

    The Supreme Court’s unusual decision on Monday to hold over two cases for reargument next term could put Justice Neil Gorsuch in a position to cast the deciding vote for a conservative majority on key immigration issues as the court considers President Donald Trump's controversial travel ban.

  • June 26, 2017

    Postgame: Slants Attys Talk High Court Victory

    Following their landmark victory at the U.S. Supreme Court, members of the Archer PC team that represented The Slants talked with Law360 — about the origins of their case, about the Washington Redskins and about what the decision means for their client.

Expert Analysis

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.

  • Series

    Leegin's 10-Year Checkup: US Influence On RPM Overseas

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    In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.

  • What TC Heartland Could Mean For MDL Panel Patent Cases

    Timothy Sendek

    In 2016, intellectual property cases accounted for less than 5 percent of those pending before the Judicial Panel on Multidistrict Litigation. But the U.S. Supreme Court's TC Heartland decision may spark a significant uptick, says Timothy Sendek of Lathrop Gage.

  • A Quiet But Telling Year For Criminal Law In Supreme Court

    Michael Kelly

    The U.S. Supreme Court decided 22 cases with criminal law issues this term, and none will be remembered as landmark decisions. Yet, because they covered a wide range of issues, they painted a detailed picture of the court's sensibilities about criminal law, which are likely to influence deliberations in the years to come, says Michael Kelly of Hogan Lovells.

  • Revisiting Enforcement Of EEOC Subpoenas At 9th Circ.

    Mark Wiletsky

    In April, the U.S. Supreme Court remanded U.S. Equal Employment Opportunity Commission v. McLane back to the Ninth Circuit to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC’s subpoena, says Mark Wiletsky of Holland & Hart LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.

  • Patent Exhaustion Ruling Will Affect Many Industries

    Mark Baghdassarian

    The U.S. Supreme Court’s recent expansion of the patent exhaustion doctrine in Impression Products v. Lexmark raises potentially far-reaching implications that may range from lower prices for consumer products and lower profitability for companies, to higher prices for consumer products and higher profitability for companies, say Mark Baghdassarian and Friedrich Laub of Kramer Levin Naftalis & Frankel LLP.

  • High Court Citizenship-Stripping Ruling Has Unintended Effect

    Leon Fresco

    Sensibly enough, in Maslenjak v. United States, the U.S. Supreme Court unanimously decided that a naturalized American cannot be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. But instead of simply stopping at that result, it invented a new standard of “materiality” that is likely to create havoc in future denaturalization cases, says Leon Fresco of Holland & Knight LLP.