Appellate

  • January 13, 2017

    Airlines Tell 9th Circ. Gov’t Price Regs Bar Antitrust MDL

    All Nippon Airways and EVA Airways argued at a Ninth Circuit hearing Friday that a lower court should have found multidistrict litigation accusing them of fixing rates for passenger fares on trans-Pacific flights is barred because industry prices are regulated by the U.S. Department of Transportation.

  • January 13, 2017

    Spokeo May Bump Ikea Shopper's Suit To State Court: 9th Circ

    The Ninth Circuit on Friday granted an Ikea shopper’s request to ship her decertified class action back to district court for dismissal, opening the possibility for her to raise the issue in state court after the U.S. Supreme Court’s decision in Spokeo, which set a higher bar for claims of harm.

  • January 13, 2017

    Bayer Gets Freebie As Atty Neglect Sinks Yasmin Suit

    The Seventh Circuit on Friday threw out one of the many cases alleging Bayer Corp.’s birth control pill Yasmin causes blood clots because the attorneys running the case admittedly did "mostly nothing" for a year and a half.

  • January 13, 2017

    Fed. Circ. Won't Revive IP Suit Against Pinterest, Others

    The Federal Circuit ruled on Friday that a Fo2Go LLC photo processing patent was invalid as indefinite, upholding a lower court ruling that ended infringement lawsuits brought against companies including Pinterest Inc. and Yahoo Inc. 

  • January 13, 2017

    11th Circ. Revives Suit Alleging JPMorgan Aided $1.3M Scam

    The Eleventh Circuit on Friday revived a Florida man’s suit accusing JPMorgan Chase of helping a fraudster siphon $1.3 million of his money out of a Chase account, ruling the man had presented sufficient evidence that bank employees knew a scam was underway. 

  • January 13, 2017

    Urban Outfitters Asks 9th Circ. To Scrap Fabric IP Loss

    Urban Outfitters Inc. urged the Ninth Circuit at a hearing Friday to reverse a judge’s finding that it infringed a copyrighted fabric design, saying the question of whether a pattern on one of its dresses was substantially similar to the fabric was for a jury to decide.

  • January 13, 2017

    Rail Suit Jurisdiction Dispute Chugs Into Supreme Court

    The U.S. Supreme Court agreed Friday to take up a jurisdictional dispute involving BNSF Railway Co.'s challenge to a Montana high court ruling that two injured out-of-state railroad workers could sue the company in Big Sky Country.

  • January 13, 2017

    Texas Nursing Home Can't Ditch Suit Over Substandard Care

    A Texas appeals court on Thursday refused to throw out a medical malpractice suit accusing a nursing home of being responsible for a patient's dehydration and infections that contributed to her death, rejecting the home's argument that the plaintiff had submitted flawed expert testimony.

  • January 13, 2017

    Belize Urges 11th Circ. To Toss $22M Telecom Contract Suit

    The government of Belize urged the Eleventh Circuit on Friday to dismiss a claim it owes a company more than $22 million for leased telecommunications equipment, saying a lower court failed to properly consider Belizean law and wrongly found that it waived sovereign immunity.

  • January 13, 2017

    High Court To Weigh Murky Crime-Of-Violence Definition

    The U.S. Supreme Court will hear arguments Tuesday in an immigration dispute over whether part of the definition for a "crime of violence" is unconstitutionally vague, and experts say the case could both remove a deportation tool and open the door for future challenges to criminal provisions in immigration law.

  • January 13, 2017

    6th Circ. Affirms Whistleblower Can't Sue Morgan Stanley

    The Sixth Circuit on Friday upheld the dismissal of a former Morgan Stanley employee's retaliation lawsuit against the company, finding that his “vague assertions” of working with law enforcement don’t afford him whistleblower protections.

  • January 13, 2017

    NJ Atty Suspended For Paralegal's Theft Of Client Funds

    The New Jersey Supreme Court has imposed a retroactive, reciprocal one-year suspension on an attorney who was disciplined in New York after her secretary stole from her real estate client escrow account, according to an order and decision posted Friday.

  • January 13, 2017

    Med Mal Claim Nixed In Fla. Hospital Sex Assault Suit

    A Florida appeals court on Friday trimmed a medical malpractice claim from a woman’s suit lodged against a hospital in connection with an employee’s sexual assault, but allowed the primary negligence claim to move forward.

  • January 13, 2017

    Pa. Atty Denied Reargument On $45K Sanction Appeal

    A Pennsylvania attorney who received a nearly $45,000 sanction for sending a purportedly intimidating letter to the employer of an opponent’s expert witness in a medical malpractice case was prevented on Thursday from rearguing an appeal of the sanction to the state’s Superior Court.

  • January 13, 2017

    Fed. Circ. Kills Worker's Appeal Over Sequester Furloughs

    The Federal Circuit on Thursday shot down a civilian Army Cyber Command worker's appeal of the Army’s decision to furlough her for six days in 2013 after steep budget cuts, saying there was no discernible error in cutting her time in the face of budget sequestration.

  • January 13, 2017

    RFS Targets Impossible In 'Real World,' Fuel Groups Say

    Petroleum industry groups told the D.C. Circuit on Thursday that the statutory volumes set for the U.S. Environmental Protection Agency’s Renewable Fuel Standard program aren’t possible in the "real world," asking the appeals court to back the agency's view of its authority to break with Congress’ timetable for incrementally replacing conventional fuels with renewables.

  • January 13, 2017

    High Court To Hear CalPERS' Argument Over American Pipe

    The U.S. Supreme Court agreed Friday to hear an appeal of a Second Circuit decision that did not allow the California Public Employees' Retirement System to spin off its own claims from a larger class action because the claims were filed late.

  • January 13, 2017

    Calif. Appeals Court Rejects State Biz Tax On Iowa Investor

    An Iowa farm cannot be held liable for a California state tax on businesses operating in the state on the grounds of a small stake in an investment fund, a California appeals court ruled Thursday, saying the investment does not constitute doing business in the state.

  • January 13, 2017

    3rd Circ. To Make Oral Argument Videos Public

    The Third Circuit announced Friday that it will begin posting video recordings of certain oral arguments to its website this month, becoming the second federal appeals court to make videos of oral arguments publicly available.

  • January 13, 2017

    Calif. EMTs Escape HS Football Player's Negligence Suit

    A California appeals court on Friday declined to revive a high school football player's dismissed negligence claim against an ambulance company for allegedly not transporting him fast enough to the hospital after a head injury, finding that his key expert's testimony was rightly nixed, as was the case.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Dance Marches On For Biosimilars In Amgen V. Sandoz

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    Two sections of the Biologics Price Competition and Innovation Act are the subject of writs of certiorari that have just been granted by the U.S. Supreme Court in Amgen v. Sandoz. The need for resolution of ambiguity in the statute is clear, says Scott Pierce of Hamilton Brook Smith Reynolds PC.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on Amazon.com? And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.

  • The Fate Of Distribution Rights After Bankruptcy

    Shmuel Vasser

    In Mission Product Holdings v. Tempnology, the bankruptcy appellate panel for the First Circuit held that Section 365(n) did not protect the exclusive distribution rights granted to the licensee of the debtor’s intellectual property, leaving unaddressed the practical implication that an IP license may be rendered worthless without the accompanying distribution rights, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.

  • Ambiguity For On-Call Rest Breaks At Calif. High Court

    Barbara L. Harris Chiang

    While the California Supreme Court's recent decision in Augustus v. ABM Security Services prohibited on-call rest periods and workplace policies that promulgate them, the practical implications of the decision remain unclear, say Barbara Harris Chiang and Elina Protich of Kaufman Dolowich & Voluck LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.