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Appellate

  • June 22, 2018

    Teamsters Fund Seeks Redo On $3.5M Award At 2nd Circ.

    The trustees of a Teamsters Local 210 fund have urged the Second Circuit to reconsider its affirmation of a more than $3.5 million judgment against it in a decadelong dispute over a reduction in contributions, arguing that the fund can’t be sued under the Labor Management Relations Act.

  • June 22, 2018

    Texas Justices To Hear Atty-Client Privilege Discovery Row

    The Texas Supreme Court on Friday decided it will hear a dispute between the city of Dickinson, Texas, and the Texas Windstorm Insurance Association over benefits paid out after 2008's Hurricane Ike, in a case that asks the court to determine to what extent the attorney-client privilege applies to discovery documents.

  • June 22, 2018

    South Dakota V. Wayfair, A Look At The Case That Killed Quill

    The U.S. Supreme Court on Thursday decided the most important tax case in two and a half decades, overruling its 1992 precedent in Quill v. North Dakota and holding internet retailers can be required to collect sales and use tax in states in which they lack a physical presence. Law360 looks back at how we got here and what a post-Quill world may look like.

  • June 22, 2018

    NJ Trooper Can't Revive Whistleblower Suit Over Porn Report

    A New Jersey state appeals court Friday refused to revive a state trooper’s whistleblower suit alleging she was transferred to an unpopular unit after reporting a superior’s pornography use on the job, reasoning that the new assignment was actually a promotion.

  • June 22, 2018

    E-Cigs, Liquids Subject To Tobacco Tax, Pa. Court Rules

    A Pennsylvania appeals court ruled Friday that e-cigarettes and e-liquids are subject to the state Tobacco Products Tax Act’s 40 percent tax on tobacco products, regardless of whether the liquids have nicotine derived from tobacco.

  • June 22, 2018

    NJ High Court Won't Extend Notice Rule For Public Workers

    The New Jersey Supreme Court has reined in a state appellate ruling that required public bodies to notify employees in advance of meetings where a personnel decision might occur, saying such notices are only required when officials intend to discuss the jobs of adversely affected workers behind closed doors.

  • June 22, 2018

    Autozone Worker Gets New Trial In Sexual Harassment Suit

    A California appeals court has ordered a new trial in a lawsuit against car parts supplier Autozone Inc., saying Thursday that a lower court made several erroneous evidentiary rulings that prejudiced the employee who alleged that she was subjected to sexual harassment by a co-worker.

  • June 22, 2018

    FTC, Memory-Booster Co. Spar Over Errors At 2nd. Circ.

    Quincy Bioscience and the Federal Trade Commission have been sparring at the Second Circuit over how the company should handle fixing misstatements about a clinical trial for its contested memory booster Prevagen, with the agency accusing the supplement maker of flouting “proper appellate litigation” by just correcting its brief.

  • June 22, 2018

    Fed. Circ. Says No Extra Fees For 'Egregious' HHS Behavior

    Extra attorneys’ fees can’t be used to address the U.S. Department of Health and Human Services' “egregious” misconduct during a support contract procurement, the Federal Circuit ruled Friday.

  • June 22, 2018

    High Court's Lucia Ruling Opens ALJs To Political Influence

    The U.S. Supreme Court’s finding that U.S. Securities and Exchange Commission administrative law judges need to be appointed by the president or the head of the agency potentially leaves the judges open to heightened political influence, legal experts said Friday.

  • June 22, 2018

    Texas Justices Partly Revive Ex-Manager Win Over Dealership

    The Texas Supreme Court on Friday revived part of a $2.6 million jury award for the former manager of a car dealership who claims his old boss reneged on a buy-in agreement and ruined his reputation, saying the court of appeals was wrong to strike down the entire award and ordering the lower court to revisit the case.

  • June 22, 2018

    Biggest Enviro Law Rulings Of 2018: Midyear Report

    Federal courts in the first half of 2018 issued several rulings that will have major repercussions in the environmental law arena, from a U.S. Supreme Court decision clarifying which courts should hear litigation over Clean Water Act jurisdictional issues to two circuit court opinions clarifying that groundwater can be subject to Clean Water Act permitting requirements. Here, Law360 looks at some of the biggest environmental law rulings thus far in 2018.

  • June 22, 2018

    Plastic Surgeon Loses Appeal In Bid To Restore License

    A Florida appeals court on Friday affirmed the license revocation of a plastic surgeon who punctured two patients' organs while performing liposuction, finding that it was acceptable for an administrative law judge and the state medical board to partially base their decisions on his refusal to testify.

  • June 22, 2018

    Native American Cases To Watch In The 2nd Half Of 2018

    Native American law practitioners will be closely tracking a U.S. Supreme Court case that could shake the foundations of tribal, federal and state jurisdiction in Oklahoma, as well as watching a Federal Circuit decision on a New York tribe’s ability to assert sovereign immunity to block a challenge to several patents' validity and keeping an eye on tribes' role in multidistrict opioid litigation in the second half of 2018.

  • June 22, 2018

    Texas Justices Say Interference With Inheritance Not A Claim

    Texas doesn’t recognize a legal claim for intentional interference with an inheritance, the Texas Supreme Court said Friday, leaving intact a lower court ruling that wiped out a $2.5 million judgment in a case alleging an attorney blocked a family from inheriting an uncle’s oil and gas millions.

  • June 22, 2018

    EFH's Presence In Allocation Fight Challenged By Elliott, UMB

    Two creditors of reorganized debtor Energy Future Holdings Corp. informed parties to the case Friday that it had appealed a decision from a Delaware judge granting the company’s estate permission to get involved in a fight over the allocation of fees associated with the Chapter 11 plan.

  • June 22, 2018

    CFTC Denies Brokerage's Claim It Flouted 'Norms' In Appeal

    The U.S. Commodity Futures Trading Commission urged the Ninth Circuit on Friday to revive a $290 million fraud case against metals brokerage Monex Credit Co., brushing aside the firm's claims that the agency skirted “professional norms” in its bid for a fast appeal.

  • June 22, 2018

    1 Year On, Pa. Judges Grapple With Revamped Enviro Rights

    It's been one year since the Pennsylvania Supreme Court affirmed that the public's right to clean air and pure water was on equal footing with more fundamental concepts like the right to free speech, and experts say that judges are still grappling with how to apply the idea in high-stakes environmental litigation.

  • June 22, 2018

    Texas High Court Strikes Down City's Plastic Bag Ban

    In a ruling likely to doom similar local mandates across the state, Texas’ highest court on Friday held that the city of Laredo’s ordinance preventing retail stores from providing customers with single-use plastic and paper bags is preempted by a state solid waste disposal law.

  • June 22, 2018

    The Top Benefits Cases Of 2018: Midyear Report

    The Fifth Circuit invalidated the U.S. Department of Labor’s fiduciary rule, the defense bar notched gains in its quest to defeat two waves of Employee Retirement Income Security Act class actions, and the U.S. Supreme Court ordered the Sixth Circuit to stop relying on a worker-friendly presumption related to pension vesting. Here’s a look at the most significant benefits rulings of the first half of 2018.

Expert Analysis

  • The Wayfair Brief: What You Should Know

    Clark Calhoun

    Alston & Bird LLP submitted an amicus brief on behalf of Americans for Tax Reform in South Dakota v. Wayfair. Two of the firm's attorneys, Clark Calhoun and Andrew Yates, analyze the fine points of the U.S. Supreme Court's majority and dissenting opinions in this case and offer recommendations for states and online retailers going forward.

  • The Where, When And What Of DTSA Appeals: Part 1

    Gregory Lantier

    There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.

  • High Court Kills Quill, But What's Left?

    Craig Fields

    While much attention will be paid to the decision in South Dakota v. Wayfair, the questions that the U.S. Supreme Court has left for another day are just as important, say attorneys at Morrison & Foerster LLP.

  • A Win For Immigrants And Cloud Over Chevron At High Court

    Rachel Rosenbloom

    The U.S. Supreme Court’s recent decision in Pereira v. Sessions hands a victory to immigrants at a time when the executive branch is aggressively seeking to dismantle existing protections within immigration law. It also includes some intriguing hints about the court’s waning affection for Chevron deference, says Rachel Rosenbloom, professor of law and co-director of the Immigrant Justice Clinic at Northeastern University.

  • Culverts Win May Indicate A New Era For Tribal Treaty Rights

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    The U.S. Supreme Court's decision in Washington v. United States this month could have broad implications for a variety of development, construction and farming practices throughout the Northwest. The door has clearly been opened for the state of Washington, and other parties, to pursue negotiation and settlement whenever existing structures impact tribal treaty rights, says J. Nathanael Watson of Stoel Rives LLP.

  • Which Deposition Costs Are Recoverable In Texas?

    Bryce Callahan

    Texas appellate courts seldom delve into questions about which litigation expenses are recoverable, and when they do, they can disagree about the answers. Trial lawyers should carefully consider which deposition-related expenses are truly necessary to the conduct of their case, since many of those costs may be unrecoverable even to a prevailing party, say Bryce Callahan and Elizabeth Wyman of Yetter Coleman LLP.

  • How Wayfair Decision Benefits New Jersey

    Gary Botwinick

    The U.S. Supreme Court decision in South Dakota v. Wayfair will have a significant impact on commerce in many ways. Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC discusses its specific impacts on and benefits to the state of New Jersey.

  • When Will The ITC Honor A PTAB Finding Of Invalidity?

    Bryan J. Vogel

    As a general rule, the U.S. International Trade Commission has given little to no deference to Patent Trial and Appeal Board decisions. However, recent decisions seem to throw a wrinkle into this lack of deference, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • High Court Addresses Reality Of Modern Criminal Sentencing

    Taylor Crabtree

    On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court’s 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever a district court makes a clear error in calculating a defendant’s U.S. Sentencing Guidelines range, says Taylor Crabtree of Ellis & Winters LLP.