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Appellate

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Third Circuit Revives Discrimination Suit Over Service Dog

    The Third Circuit on Tuesday revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog, clarifying in a precedential decision that the trial court erred in its application of federal disabilities laws in instructions to jurors who had ruled in the school’s favor.

  • August 14, 2018

    8th Circ. Upholds Minn. Home Care Unionzation Law

    The Eighth Circuit on Tuesday upheld the constitutionality of a Minnesota law that allows home care providers in the state to organize, rejecting a challenge from a group of providers who alleged the law violated their constitutional rights by forcing them to associate with a union.

  • August 14, 2018

    Ill. Appellate Judge Reprimanded For Pushing Speaking Gigs

    The Illinois Courts Commission on Monday reprimanded a state appellate judge for using official judicial letterhead to pitch himself as a paid speaker, including offering to explain medical malpractice protections to hospitals and doctors, finding he brought the court into disrepute.

  • August 14, 2018

    Alaska, Groups Weigh In On High Court Hovercraft Ban Case

    The State of Alaska, an Alaska Native regional corporation and others on Tuesday weighed in on a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that said the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 14, 2018

    DC Circ. Won't Revive Former Amtrak Atty's Age Bias Suit

    A District of Columbia federal appellate court declined to revive a suit brought by a former attorney in Amtrak’s Office of the Inspector General alleging that she was fired due to her gender and her age, ruling that there was no evidence that Amtrak’s stated reason for firing her during a department restructuring was a lie.

  • August 14, 2018

    Kavanaugh Was Driving Force Behind Divisive Bush Picks

    When D.C. Circuit Judge Brett Kavanaugh goes before the Senate Judiciary Committee for his U.S. Supreme Court confirmation hearing next month, it won’t be his first time working on a contentious judicial proceeding, although now he will be the one in the hot seat.

  • August 14, 2018

    Workers Can Fight Claim Denials Sans Medical Bill: 6th Circ.

    The Sixth Circuit decided Tuesday that a worker can sue their employee health care plan over its refusal to pay a medical bill even if the worker doesn’t have to pay the bill himself, because the Employee Retirement Income Security Act allows workers to sue over claim denials.

  • August 14, 2018

    DC Circ. Will Not Hear Gitmo Case En Banc

    A full panel of the D.C. Circuit on Tuesday rejected Guantanamo Bay prisoner Khalid Ahmed Qassim’s bid for en banc hearing of his habeas corpus case, as two judges highlighted concerns about whether the U.S. Supreme Court’s precedent on Guantanamo imprisonment review is being properly applied.

  • August 14, 2018

    Momentive, Noteholders Gear Up For Interest Revision Trial

    Silicone maker Momentive Performance Materials Inc. and two investor group trustees filed legal briefs Monday ahead of a New York bankruptcy court trial over the proper interest rate that should attach to the company's Chapter 11 plan cramdown notes, a matter remanded by the Second Circuit last year.

  • August 14, 2018

    Pa. Court Nixes Quadriplegic Man's Snow Tubing Injury Suit

    A Pennsylvania appeals court on Tuesday tossed a suit accusing a ski resort of negligently causing a man's severe spinal injury suffered in a snow tubing accident that rendered him a quadriplegic, saying the man failed to prove the resort's actions were reckless or grossly negligent.

  • August 14, 2018

    Fed. Circ. Lets Stand Vanda Ruling That Led To USPTO Memo

    The full Federal Circuit said Tuesday it won’t reconsider a panel’s decision to uphold a patent for Vanda Pharmaceuticals Inc.'s schizophrenia drug Fanapt, which had spurred a U.S. Patent and Trademark Office memo backing up the court on the patent eligibility of treatment methods.

  • August 14, 2018

    Cruise Ship Not Liable For Trivia Game Accident: 11th Circ.

    An Eleventh Circuit panel on Tuesday affirmed the dismissal of a negligence suit against Celebrity Cruises that was brought by a passenger injured while playing a music trivia game aboard a ship, finding the cruise operator had no duty to warn passengers about the potential risks of the game.

  • August 14, 2018

    Chinese Billionaire Asks 2nd Circ. To Deep-Six Conviction

    Chinese real estate mogul Ng Lap Seng has asked the Second Circuit to void his conviction for bribing United Nations ambassadors to get support for a conference center project in Macau, saying the government misapplied U.S. law to cover an intergovernmental organization like the U.N.

  • August 14, 2018

    AIG Unit Clips Wig Co.'s Appeal Of Theft Coverage Loss

    A wholesale distributor of wigs and other beauty products cannot force an AIG insurer to cover its losses from the theft of a shipment of human hair weaves in 2014, a New Jersey appellate court affirmed on Tuesday, finding that the plain terms of the company’s policy preclude coverage.

  • August 14, 2018

    Bourbon Maker Asks 9th Circ. To Revive Wine Co. IP Row

    Spirits maker Sazerac Co. Inc. urged the Ninth Circuit to revive its suit alleging that a winemaker infringed its Buffalo Trace bourbon trademark, saying it lost a bench trial because the district court didn't even try to determine whether Fetzer Vineyards Inc.'s own buffalo logo-bearing product was likely to confuse customers.

  • August 14, 2018

    Atty's 'Thumbs-Up' On Monster Deal Isn't Binding: Calif. Panel

    A California appeals court said Monday that an attorney didn’t breach the terms of his clients’ wrongful death settlement with Monster Energy Co. by talking to a reporter about the deal, finding that the attorney had merely given his “professional thumbs-up” by signing the contract and he wasn’t a party to it.

  • August 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Netlist Memory Patent Claims

    The Federal Circuit on Tuesday invalidated parts of two computer memory patents that Netlist Inc. has accused SanDisk LLC of infringing, upholding a decision from the Patent Trial and Appeal Board.

  • August 14, 2018

    W.R. Grace Insurers May Be Directly Liable For Asbestos

    The Third Circuit on Tuesday partially revived the claims of victims of asbestos-related ailments against the insurers of bankrupt mining company W.R. Grace & Co., saying the insurers may bear direct liability for the asbestos exposure.

  • August 14, 2018

    Insurer Seeks Win In Dispute Over Dish TCPA Judgment

    Insurer National Union wants a Denver federal court to order that it need not cover policyholder Dish Network LLC after Dish was hit with a $280 million verdict for placing millions of robocalls, saying Monday its situation echoes that of a primary insurer recently let off the hook.

Expert Analysis

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.