Appellate

  • September 20, 2017

    Uber Asks 9th Circ. To Decertify Driver Wage Class

    Uber urged the Ninth Circuit at a hearing Wednesday to decertify a class of drivers who say they were misclassified as independent contractors and send their claims to arbitration, saying the drivers’ individual interests preclude certification and that the court’s 2016 decision in another Uber case requires arbitration of individual claims.

  • September 20, 2017

    Mass. Justices Take Up Insurance Row Over Shoemaker's TM

    Massachusetts' highest court has agreed to review a lower court's ruling that a pair of insurers can't recoup sums they paid to defend Vibram USA Inc. against a suit alleging the company unlawfully obtained a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila in a case that raises multiple issues of first impression under state law.

  • September 20, 2017

    ACLU Urges Mass. Justices To Toss Tainted Drug Convictions

    The American Civil Liberties Union of Massachusetts on Wednesday urged the state’s highest court to throw out thousands of convictions tainted by a chemist who admitted to consuming meth, ketamine and other drugs while on the job.

  • September 20, 2017

    PTAB Erred In Communication Patent Ruling, Fed. Circ. Says

    The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board ruling that NFC Technology failed to show the inventor of a near-field communication device had created a prototype that rendered a patent obvious, saying the decision lacked substantial evidence.

  • September 20, 2017

    EU Court Scratches End Of Poultry Subsidy On Technicality

    The Court of Justice of the European Union on Wednesday cited a procedural error in annulling a regulation that eliminated a subsidy on poultry meat, but the court said the regulation would remain in effect until a new measure was adopted.

  • September 20, 2017

    Ga. Landowners Take Transco Pipeline Fight To 11th Circ.

    A group of Georgia landowners is asking an Eleventh Circuit panel Thursday to reverse a decision allowing Transcontinental Gas Pipe Line Co. to access their land to build a pipeline without paying compensation upfront, in a case that could help shape the legal landscape of natural gas pipeline disputes.

  • September 20, 2017

    Mont. Justices Rule Water Claim Under State, Not Tribal, Law

    The Montana Supreme Court ruled Tuesday that water rights for land acquired by Scott Ranch LLC fell under state law and not under the authority of a tribal compact, overruling the state Water Court in a case that was described as a “somewhat unusual situation.”

  • September 20, 2017

    5th Circ. Urged To Lift Block Of Texas Sanctuary City Law

    West Virginia and seven other states sought Tuesday to support a push by Texas to pause a temporary block of much of the Lone Star State’s anti-sanctuary city law, arguing that Texas will likely prevail in the case.

  • September 20, 2017

    9th Circ. Upholds Amazon's Win In List-Price Class Action

    A Ninth Circuit panel Tuesday affirmed a lower court’s use of Washington law when it dismissed an Amazon shopper’s putative class action over alleged inflation of comparative discounts, rejecting the shopper’s argument that California law is substantially different.

  • September 20, 2017

    Pa. County Didn't Willfully Flout FLSA, 3rd Circ. Says

    The Third Circuit ruled Wednesday that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs, saying that testimony from county officials generally referencing its FLSA obligations wasn’t enough for the willfulness issue to make it before a jury.

  • September 20, 2017

    Justice Ginsburg Traces Road To ‘Flaming Feminist Litigator’

    Justice Ruth Bader Ginsburg told first-year law students in an address Wednesday that she rode the wave of the women’s movement, which in the 1970s was “coming alive all over the world,” as she solidified her reputation as a successful litigator fighting for women’s rights.

  • September 20, 2017

    Appeals Court Affirms Parking Ban In Boston Land Use Row

    A Massachusetts appeals court Tuesday affirmed that a Boston grocer may not park cars in a passageway it shares with an adjacent church and residential buildings, while also finding that a 1947 agreement between the church and the supermarket on the usage of the passageway was not enforceable.

  • September 20, 2017

    St. Louis Payroll Tax, Development Deals Upheld

    The city of St. Louis has the constitutional right to impose payroll taxes and to make special redevelopment deals that are in the public interest, a Missouri appeals court ruled Tuesday.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    Enviros Undo Calif.'s Approval Of New Pesticide Labels

    A California appeals court on Tuesday reversed a lower court’s decision in favor of the state’s Department of Pesticide Regulation in a suit by environmental groups challenging the approval of amended labels for two previously registered pesticides, saying the department’s efforts at environmental review were deficient.

  • September 20, 2017

    Calif. Appeals Court Revives Suit On Taxpayer Standing Issue

    A California appeals court on Tuesday revived a woman’s case against her city and county over their vehicle impounding procedures, citing a recent decision from the state’s high court in a related dispute that found residents didn’t need to pay property taxes to sue the local government.

  • September 20, 2017

    Sunoco Seeks Redo At 3rd Circ. Over Credit Card Claims

    Sunoco Inc. on Tuesday asked the Third Circuit to review its split decision refusing to let the energy giant force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying that the majority “misperceived” contract law and contravened relevant court precedents.

  • September 20, 2017

    Noncompete Valid But Not Violated, 7th Circ. Rules

    The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.

  • September 20, 2017

    The Road To Cox's 10th Circ. Win In Set-Top Box Tying Case

    The Tenth Circuit on Tuesday affirmed the defeat of a $6.3 million verdict against Cox Communications Inc. in litigation accusing the company of tying its premium cable services to rentals of its set-top boxes, the latest development in a serpentine proceeding that has stretched longer than eight years. Here, Law360 runs down some of the milestones in the proceedings.

  • September 20, 2017

    Man Mistaken For Garbage Can't Sue Train Co. Over Collision

    The Second Circuit on Wednesday affirmed a Syracuse, New York, federal judge's dismissal of a suit targeting Pan Am Railways Inc., which was filed by a Troy, New York, man who passed out drunk on tracks in Rensselaer County and was run over after being mistaken for a bag of trash.

Expert Analysis

  • Valley Forge Quashes School Districts' Reverse Appeals

    John Summers

    In Valley Forge v. Upper Merion, the Pennsylvania Supreme Court held two months ago that school districts' policies and practices related to filing reverse real estate tax assessment appeals violate the state's uniformity clause. Trial courts will now have to apply this decision to scores of districts' reverse appeals, say attorneys with Hangley Aronchick Segal Pudlin Schiller.

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • When Can LLCs Appoint A Special Litigation Committee?

    Muhammad Faridi

    A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Series

    My Supreme Court Debut: A 1st Time For Everything

    Lindsay Harrison

    My first argument before the U.S. Supreme Court was unusual in that it was also my first argument in any court of any kind, says Lindsay Harrison of Jenner & Block LLP.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Are PTAB Precedential Opinions Really Binding?

    Richard Torczon

    The Federal Circuit's recent decision in Snyder v. Secretary of Veterans Affairs raises the question of whether the U.S. Patent and Trademark Office has met the requirements for using adjudicative decisions as precedent, says Richard Torczon, of counsel at Wilson Sonsini Goodrich & Rosati PC and a former Patent Trial and Appeal Board judge.

  • Insider Trading After Martoma: Benefits Without Friends?

    Nathan Bull

    The Second Circuit's recent Martoma decision potentially expands the category of persons that, upon the disclosure of confidential information without pecuniary or tangible benefit, may constitute tippers or tippees subject to insider trading liability, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Tips For Drafting Patents That Won't Need Alice Step 2

    Phillip Articola

    Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.