Appellate

  • October 17, 2017

    BREAKING: NY Judge Grants NFLPA's Bid To Halt Elliott Suspension

    A New York federal judge late Tuesday halted Dallas Cowboys star running back Ezekiel Elliott’s six-game domestic violence suspension, handing the players union a temporary win that reopens the door for Elliott to stay on the field this season.

  • October 17, 2017

    Bio-Rad Asks 9th Circ. To Undo $8M Verdict For Ex-GC

    Bio-Rad Laboratories Inc. on Monday asked the Ninth Circuit to overturn an $8 million whistleblower verdict against the company, saying a properly informed and instructed jury would never have found it fired its general counsel for reporting alleged Foreign Corrupt Practices Act violations.

  • October 17, 2017

    Stock Trader Who Made Illegal Sales Loses 2-1 In 5th Circ.

    A divided appeals court voted Monday to uphold a lifetime ban on penny stock trading and a $9.3 million penalty against a trader who was found to have violated a U.S. Securities and Exchange Commission rule, saying the lower court had significant leeway to rule as it saw fit.

  • October 17, 2017

    Treasury Backs GM Trust's $1.5B Loan Clawback Appeal

    The U.S. government on Monday backed efforts to appeal a bankruptcy court's valuations of General Motors' assets in a clawback case over a $1.5 billion GM term loan, noting its interest in maximizing recoveries for the federally supported estate.

  • October 17, 2017

    Former Texas Supreme Court Justice Robertson Dies At 96

    READY FOR SLOT Former Texas Supreme Court Justice Theodore Zanderson “Ted Z.” Robertson — who also served the judiciary as a probate, juvenile, district court and civil appeals judge during his lengthy legal career — recently died in his sleep at his Dallas home.

  • October 17, 2017

    Mo. Appeals Court Scrubs Doctor's Win In Botched Surgery Suit

    A Missouri appeals court reversed on Tuesday a jury verdict in favor of a surgeon accused of causing a woman’s death after botching a hernia repair surgery, saying that the trial judge abused her discretion by allowing repetitive testimony from multiple expert witnesses.

  • October 17, 2017

    PennDOT Can Be Held Liable In Crash Suit, Pa. Justices Told

    A Pennsylvania couple urged the state's highest court Tuesday to bar the Pennsylvania Department of Transportation from skirting liability for injuries they suffered after their car hit a guardrail they say was negligently installed, arguing that exceptions to sovereign liability should apply to more than just dangerous roadway conditions.

  • October 17, 2017

    Property Database Patents Were Obvious, Fed. Circ. Affirms

    A Federal Circuit panel on Tuesday affirmed an inter partes review decision finding that two patents covering a national database of real estate parcels were invalid as obvious in light of prior art after Boundary Solutions Inc. accused California-based CoreLogic Inc. of infringing them.

  • October 17, 2017

    11th Circ. Revives Prisoner's Suit Over Hep C Treatment

    The Eleventh Circuit on Monday revived a now-deceased Georgia prisoner’s suit alleging personnel at Autry State Prison refused to treat his hepatitis C, ruling the suit should be considered under an imminent danger exception to a law limiting prisoner lawsuits.

  • October 17, 2017

    States, Enviros Urge DC Circ. To Decide Clean Power Merits

    Activist groups, along with several state and local governments, asked the D.C. Circuit on Tuesday to rule on the merits of the Clean Power Plan, saying the U.S. Environmental Protection Agency’s proposal to repeal the plan without drafting a replacement was an attempt to undermine its obligations.

  • October 17, 2017

    2nd Circ. Vindicates Bharara's Level Global Raid

    The Second Circuit on Tuesday tossed Level Global Investors LP founder David Ganek’s claims that then-U.S. Attorney Preet Bharara's 2010 insider trading raid violated his rights, saying there was probable cause for the search even without what Ganek calls falsified evidence.

  • October 17, 2017

    Trump DC Circ. Pick Dodges Questions On White House Work

    White House deputy counsel Greg Katsas dodged questions about his advice on the special counsel investigation into Russian electoral interference and other administration matters Tuesday, as Democrats on a Senate panel grilled him at a confirmation hearing on his bid to fill a vacancy on the D.C. Circuit Court of Appeals.

  • October 17, 2017

    Lack Of Affidavit Sinks Med Mal Claim In NJ Appeals Court

    A New Jersey appeals court on Tuesday affirmed the dismissal of medical malpractice claims against an anesthesiologist over a woman’s death after a gastrointestinal probe, ruling that the late woman’s husband never properly requested the medical records he claimed his expert witness needed to provide an opinion.

  • October 17, 2017

    Conn. Diocese Not Covered For Abuse, Insurer Tells 2nd Circ.

    Interstate Fire & Casualty Co. urged the Second Circuit Monday to find that sex abuse settlements made by the Archdiocese of Hartford, Connecticut, in four individual suits fall under an assault-and-battery exclusion in its policy.

  • October 17, 2017

    Liberty Needn't Cover Client's $3M Expenses In SEC Probe

    The Tenth Circuit found Tuesday that a U.S. Securities and Exchange Commission announcement of an investigation is not an allegation or request for relief, and thus doesn't trigger coverage under a sports nutrition company’s policy with Liberty Insurance Underwriters Inc., even though the client shelled out $3 million responding to the probe.

  • October 17, 2017

    Las Vegas Sands Urges 9th Circ. To Ax Shareholder Appeal

    Las Vegas Sands Corp. and two executives have urged the Ninth Circuit not to revive a class action accusing the casino operator of misleading investors about its development pipeline, arguing in a pair of briefs that shareholders were repeatedly warned that the company’s ambitious expansion strategy came with risks.

  • October 17, 2017

    United Airlines Tells 9th Circ. Pay-Stub Suit Was Rightly Axed

    United Airlines Inc. has asked the Ninth Circuit not to revive a class action brought by flight attendants claiming the airline did not provide accurate wage statements, insisting that the suit's California Labor Code claim cannot fly because most of the flight attendants worked outside of the Golden State.

  • October 17, 2017

    Pa. Justices Consider Awarding Fees In Departed Atty Suit

    Members of Pennsylvania’s highest court hearing a dispute between Meyer Darragh Buckler Bebenek & Eck PLLC and Malone Middleman PC suggested Tuesday that principles of equity warranted allowing an unjust enrichment claim over fees from a case an attorney took with him as he jumped from one firm to the other.

  • October 17, 2017

    High Court's Microsoft Take To Set Overseas Data Access Bar

    The U.S. Supreme Court in weighing the government's ability to access data stored overseas by Microsoft is likely to pick a clear winner in the battle over how far law enforcement can reach for data under the current law, experts say, although some are hoping that the move will prompt Congress to step in to quickly strike a better balance between privacy interests and law enforcement needs in a digital world.

  • October 17, 2017

    Big Leagues Go To Bat For Federal Sports Betting Ban

    The NCAA joined the NFL and other major professional sports leagues to hit back Monday at claims that a federal prohibition on state-authorized sports betting is unconstitutional, arguing before the U.S. Supreme Court that the law does not force states to enact or administer federal policy.

Expert Analysis

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Do Defect Notice Letters Trigger The Duty To Defend?

    Elliotte Quinn

    Following recent oral arguments on a certified question from the Eleventh Circuit in Altman v. Crum, the Florida Supreme Court is set to decide when defense under commercial general liability insurance begins. The decision will be significant because of the state's outsize role in construction defect litigation, says Elliotte Quinn IV of Parker Poe Adams & Bernstein LLP.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Series

    My Supreme Court Debut: A Birthday I’ll Never Forget

    Catherine Carroll

    I argued my first case before the U.S. Supreme Court in 2013. It was my birthday. And I must say, the experience set the bar pretty high for future birthdays, says Catherine Carroll of WilmerHale.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Aqua Products: Watershed Decision Or Barely A Ripple?

    Naveen Modi

    A deeply fractured en banc Federal Circuit in Aqua Products v. Matal has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review proceedings. But the U.S. Patent and Trademark Office may attempt to promulgate regulations reimposing the burden of persuasion on patent owners, say attorneys with Paul Hastings LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Questioning Appellate Time Limits At The High Court

    Eric Miller

    Hamer v. Neighborhood Housing Services of Chicago questions whether the time limit on a district court’s authority to extend the deadline for filing a notice of appeal is jurisdictional. Based on the questions at argument before the U.S. Supreme Court last week, the court appears likely to adhere to the principle articulated in some of its recent cases, says Eric Miller of Perkins Coie LLP.