Appellate

  • May 26, 2017

    Kardashians' Hands Not Unclean, 9th Circ. Says In IP Row

    The Ninth Circuit on Friday refused to lift a preliminary injunction barring a cosmetics company from using trademarks held by Kim, Kourtney and Khloe Kardashian, saying the company hasn’t shown any evidence the sisters had “unclean hands.”

  • May 26, 2017

    Fed Circ. Revives Vet's Suit Over Benefits After Non-VA Care

    The Federal Circuit on Friday revived a suit challenging the denial of disability benefits for a veteran who suffered injuries during a privately performed surgery recommended by a Veterans Affairs doctor, saying there were unresolved issues as to whether the surgery was prompted by VA care.

  • May 26, 2017

    Ethicon Seeks High Court Review In $3M Pelvic Mesh Suit

    Johnson & Johnson subsidiary Ethicon Inc. has asked the U.S. Supreme Court to review a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, saying the appellate court misunderstood precedent in allowing the exclusion of certain product review evidence.

  • May 26, 2017

    Bad Medical Care Suit Restored By Tennessee Appeals Court

    A Tennessee appellate panel on Friday partially restored a suit accusing doctors of providing substandard medical care during a baby’s delivery, which purportedly caused both the mother and newborn to suffer brain damage and other injuries, saying the child’s claims were timely filed.

  • May 26, 2017

    'Place Of Business' To Be New Patent Venue Battleground

    Following the U.S. Supreme Court’s decision limiting where patent suits can be filed, attorneys foresee heated battles in court over what constitutes a company’s “place of business” for venue purposes, as patent owners aim to blunt the ruling’s impact and keep cases in their favored districts.

  • May 26, 2017

    DC Circ. Rejects Challenges To TSA Body Scanner Rule

    The D.C. Circuit held Friday that none of the arguments raised in a challenge by several advocacy groups to the Transportation Security Administration’s final rule on airport body scanners merited a published decision, saying the regulation sufficiently responded to their concerns and the panel would defer to the agency’s judgment.

  • May 26, 2017

    Texas Justices Dump Damages In Noncompete Fight

    In a noncompete dispute between two health care services companies, the Texas Supreme Court on Friday held insufficient evidence supported a jury's $4.2 million lost profits award and that a $1.1 million punitive award was too high in light of the reduced actual damages.

  • May 26, 2017

    Dallas Morning News Must Face Libel Suit Over Pharma Series

    A Texas appeals court ruled on Thursday that the Dallas Morning News can't exit a libel suit brought against it by the owners of a compounding pharmacy, finding that a series the paper ran on the industry may have erroneously implied their business was under federal investigation.

  • May 26, 2017

    Hawaii Can't Add Students' Info To Travel Ban Row: Gov’t

    Hawaii should not be allowed to supplement the record in its case challenging President Donald Trump’s revised travel ban by adding information about prospective students of the state’s university who allegedly would be negatively impacted by the measure, the federal government urged the Ninth Circuit on Thursday.

  • May 26, 2017

    Inheritance Interference Claim Won't Fly, Texas Justices Say

    The Texas Supreme Court on Friday rejected the appeal in a family dispute of some heirs of a wealthy landowner who alleged that harmful interference by a Jackson Walker LLP partner caused them to lose out on a 2,400-acre Eagle Ford Shale ranch and underlying interests worth $3 million, holding that Texas does not recognize a claim for tortious interference with an inheritance.

  • May 26, 2017

    Insurers Needn't Cover Spyware Suits, 9th Circ. Affirms

    The Ninth Circuit on Friday affirmed that subsidiaries of Hartford and Liberty Mutual don't have to cover a pair of lawsuits accusing an Aaron's franchisee of spying on customers through rental computers, finding that all of the underlying allegations either don't fall within the terms of the insurers' policies or are subject to exclusions.

  • May 26, 2017

    4th Circ. Won't Rethink RJ Reynolds Win In $50M ERISA Suit

    The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.

  • May 26, 2017

    6th Circ. Puts Nucor Steel Plant Contamination Suit To Bed

    The Sixth Circuit on Thursday affirmed an Ohio district court’s pre-trial decision favoring Nucor Steel Marion, Inc. in a trespass and nuisance lawsuit that alleges the steel company emitted the hazardous chemical manganese onto several properties, saying the landowners don’t have enough evidence to bring a case to the courtroom.

  • May 26, 2017

    Texas High Court Says E-Discovery Disputes Need Balance

    Trial courts presiding over electronic discovery disputes must keep in mind that “proportionality is the polestar” and weigh the burden of producing evidence in specialized formats, the Texas Supreme Court said Friday in a State Farm Lloyds discovery row stemming from hailstorm claims.

  • May 26, 2017

    Hospital Can't Directly Sue State Farm, Mich. Justices Say

    The Michigan Supreme Court held Thursday that Covenant Medical Center cannot maintain its claim against State Farm for coverage of medical services provided to the auto insurer's policyholder after a car crash, finding the state's no-fault insurance law does not allow a health care provider to directly sue an insurer for benefits.

  • May 26, 2017

    NM Utility Can't Seize Navajo Land, 10th Circ. Says

    The Tenth Circuit on Friday backed a lower court ruling that a New Mexico utility can’t secure a path for a transmission line through property that is partly owned by the Navajo Nation, saying there's no language in federal law on rights of way that allows tribal lands to be condemned.

  • May 26, 2017

    Time Is Right To Address FCA Pleadings Split, Co. Argues

    It’s the right time for the U.S. Supreme Court to resolve a circuit split over the level of detail required for a False Claims Act suit to survive dismissal, Victaulic Co. said in a recent petition contesting a Third Circuit ruling that revived an FCA suit against the company.

  • May 26, 2017

    Fed. Circ. Won't Rule On Interest In Halo, Pulse IP Case

    The Federal Circuit on Friday dismissed an appeal from Pulse Electronics over a prejudgment interest award on a $1.5 million patent infringement verdict for Halo Electronics in a 10-year-old suit that last year led the U.S. Supreme Court to determine a new standard for enhanced damages.

  • May 26, 2017

    Wis. Court Affirms Jury Verdict In Mental Patient Suicide Suit

    A Wisconsin appeals court upheld a jury verdict largely clearing a mental health facility of  liability for a patient’s suicide, finding that jury questions asking if the man who committed suicide was able to understand the risks of attempting suicide were valid.

  • May 26, 2017

    Drug Settlement Malpractice Suits Rightly Tossed: 10th Circ.

    Allegations that a plaintiffs lawyer who once represented hundreds of clients suing Eli Lilly & Co. and Bristol-Myers Squibb Co. over diluted cancer drugs committed malpractice by not sharing information about a global settlement deal were properly thrown out, a Tenth Circuit panel said Thursday.

Expert Analysis

  • Tribes Really Need More Than Sovereign Immunity Defense

    Erica Dominitz

    While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.

  • An Old-School Approach To Equal Pay At 9th Circ.

    Jim McDonald.jpg

    In Rizo v. Yovino, the Ninth Circuit recently applied a decades-old equal pay precedent, one that is likely to have little impact on private sector employers in California but that might be helpful to employers elsewhere in the circuit, says James McDonald Jr. of Fisher Phillips.

  • Texas Opens The Door To More Oilfield Contamination Suits

    Stakelum Andrew 112864.jpg

    The Texas Supreme Court affirmed last month that the state agency overseeing oil and gas matters does not possess exclusive jurisdiction over oilfield contamination claims. The result is that a landowner could obtain both an order from the agency compelling an oil company to clean up the contamination and court-ordered damages for the same contamination, says Andrew Stakelum of King & Spalding LLP.

  • Covering New Fraud Risks With Traditional Policies: Part 2

    Mary Borja

    Because traditional policies that afford coverage for business email compromise losses tend to be rare, a number of carriers now offer policies tailored to these losses. Insureds seeking coverage for this risk should request a policy that specifically covers fraudulent instruction and social engineering losses, say attorneys with Wiley Rein LLP in the final part of this article.

  • Fed. Circ.'s Approach To Unexpected Results In Pharma Cases

    Francis C. Lynch

    In many obviousness challenges to pharmaceutical patents, patentees have presented evidence of unexpected advantages or properties of claimed inventions in support of nonobviousness. The Federal Circuit initially used such unexpected results to support the nonobviousness but in recent years has refused to give them significant weight, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • Nursing Homes Still Face Arbitration Agreement Uncertainty

    Eugene Giotto

    An arbitration agreement that is properly drafted and executed can provide businesses, specifically those in the long-term care industry, with a cost-effective route to dispute resolution. However, even with the U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, businesses should be aware of state court views regarding the enforceability of these agreements, say Eugene Giotto and Gabrielle Lee of Cozen O'Connor.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Extending Omnicare Beyond The Section 11 Case

    William Sullivan

    With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.

  • An Illinois Court's Lesson For Senior Lenders

    Jason Hirsh

    When does a modification “substantially impair” a junior lender’s priority? While not adopting a bright-line rule to answer this question, an Illinois state appeals court in Bowling Green Sports Center v. GAG LLC offered examples of where it would find “substantial impairment,” resulting in a senior lender losing its priority status, say Jason Hirsh and Erin Mayer Isaacson of Levenfeld Pearlstein LLC.