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Appellate

  • November 15, 2018

    3rd Circ. Says Fannie, Freddie Investors Not Owed Relief

    Two Fannie Mae and Freddie Mac investors are not entitled to relief in a suit alleging the Federal Housing Finance Agency diverted the companies’ profits to the government’s pockets, the Third Circuit ruled in a precedential decision on Wednesday, finding that the agency had the statutory authority to do so.

  • November 15, 2018

    Wells Fargo Fights Revival Of ERISA Suit At 8th Circ.

    Wells Fargo has urged the Eighth Circuit not to revive a proposed Employee Retirement Income Security Act class action accusing it of wrongly letting its 401(k) plan invest in company stock with a value inflated by ongoing fraud at the bank, arguing that the plan participants’ allegations don't meet standards set by the high court.

  • November 15, 2018

    Pot Workers Aren’t Protected By FLSA, 10th Circ. Told

    A Colorado company that provides security services to the state’s legal cannabis growers and sellers told the Tenth Circuit on Thursday its employees can’t pursue allegedly unpaid overtime under the Fair Labor Standards Act because their work is inherently illegal under federal law.

  • November 15, 2018

    Texas Builder Loses Bid To Ax Injunction In Water Code Row

    An order barring the developer of a 770-acre planned community north of San Antonio from adding more “impervious cover” to the property was upheld Thursday by a Texas appellate court, which agreed that landowners downstream had shown increased stormwater runoff would harm them.

  • November 15, 2018

    Local NY Officials Can't Detain Immigrants On ICE Warrants

    In a win that is likely to have statewide effect on "sanctuary" laws, a state appeals court in Brooklyn held Wednesday that New York state and local law enforcement officers may not detain individuals suspected of not having legal immigration status on the request of U.S. Immigration and Customs Enforcement.

  • November 15, 2018

    Facebook Friendship Doesn't Require DQ, Fla. Justices Say

    The Florida Supreme Court ruled Thursday that a Facebook friendship between a judge and a litigator is not on its own a legally sufficient basis for disqualification, although a majority of the justices took the position that judges should not be active on social media.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    9th Circ. Judge Doubts Bio-Rad Appeal Of Ex-GC's $11M Win

    A Ninth Circuit judge appeared skeptical Wednesday of Bio-Rad Laboratories Inc.'s arguments in favor of overturning an $11 million whistleblower judgment against the company, repeatedly questioning its counsel during a hearing on how an erroneous jury instruction would change the outcome of the verdict.

  • November 14, 2018

    KKR, Macquarie Say Auction-Rigging Claims Merit Dismissal

    KKR & Co. Inc. and the Australian investment bank Macquarie told a New York state appeals panel on Wednesday that a lower court erred by failing to dismiss claims that they rigged an auction for 11 Texas apartment complexes, saying their accuser did not follow auction rules.

  • November 14, 2018

    3rd Circ. Won't Revive Stock-Drop Suit Against Ocwen Affiliate

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.

  • November 14, 2018

    7th Circ. OKs Sanctions Over Atty's Post-Settlement Fee Filing

    The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.

  • November 14, 2018

    Standard Too High On ND Drs. Group Merger, 8th Circ. Told

    A pair of North Dakota health-care providers urged an Eighth Circuit panel Tuesday to upend a preliminary injunction blocking their proposed merger, asserting in oral arguments that a federal judge improperly required them to show their tie-up would have no detrimental effect on competition.

  • November 14, 2018

    On Appeal, Wash U. Defeats Jury Award In Disability Bias Suit

    A Missouri appeals court reversed a former Washington University employee's win in her suit alleging that she was fired in retaliation for requesting a disability accommodation, ruling that the jury that awarded her $769,000 hadn't been properly instructed.

  • November 14, 2018

    Fed Circ. Won't Stay Immunity Ruling For Allergan's Appeal

    The Federal Circuit has said it wouldn't stay its ruling that sovereign immunity doesn't apply in inter partes reviews while Allergan PLC and the St. Regis Mohawk Tribe appeal to the U.S. Supreme Court.

  • November 14, 2018

    Disney Investor Faces Uphill 9th Circ. Fight In No-Poach Row

    A Ninth Circuit judge on Wednesday appeared unswayed by a Disney shareholder's bid to revive a derivative shareholder lawsuit claiming board members breached their fiduciary duties by agreeing not to poach other studios’ animators, saying during a hearing that “nothing in the complaint says the board knew about this conspiracy.”

  • November 14, 2018

    Fed. Circ. Says NY Court Can't Hear Verizon Unit Patent Suit

    Verizon subsidiary Oath Holdings Inc. does not have to defend a patent lawsuit over advertisement technology in the Eastern District of New York, the Federal Circuit ruled Wednesday, finding a lower court failed to follow its decision that TC Heartland was a change in the law.

  • November 14, 2018

    Navajo Landowners Ask 10th Circ. To Allow Oil, Gas Drilling

    A Navajo Nation landowners group has urged the Tenth Circuit to rule against environmental groups and another Navajo tribal group seeking to block the Bureau of Land Management from allowing further oil and gas drilling in New Mexico’s Mancos Shale, saying it’s essential to the local economy.

  • November 14, 2018

    Toy Company Wins $1M Attys' Fees In Board Game IP Row

    Toymaker MGA Entertainment Inc. must pony up about $1 million in attorneys’ fees in a game patent infringement suit after rival Innovention Toys LLC requested additional fees for a case that went up to the U.S. Supreme Court, a Louisiana federal judge said Tuesday.

  • November 14, 2018

    Justices Urged To Nix Tenn. Valley Authority’s Injury Immunity

    A sport fisherman seriously injured due to the Tennessee Valley Authority’s alleged negligence urged the U.S. Supreme Court on Tuesday to revive his suit, saying a lower appeals court applied the wrong sovereign immunity standard to the federally owned power utility.

  • November 14, 2018

    Tax-Free Travel Payments Count As Wages, 8th Circ. Says

    The Eighth Circuit ruled Wednesday that tax-exempt payments made by Werner Enterprises Inc. to tens of thousands of truck drivers for anticipated travel costs could be used in calculating their pay rates, upholding the dismissal of a class action alleging the payments were wrongly used to offset minimum wages the drivers were owed.

Expert Analysis

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Opinion

    9th Circ. Shouldn't Have Halted Rescission Of DACA

    Steven Gordon

    Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    What The 2nd Circ. Missed In Religious Trademark Case

    Paul Tarr

    The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • When A Patent Disclosure Is Not A Disclosure

    Martin Pavane

    ​The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure.​ ​However, the court's recent decision in ​FWP IP v. Biogen point​s​ to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.