Appellate

  • April 28, 2017

    10th Circ. Backs Law School Lecture Penalty For Okla. Atty

    The Tenth Circuit on Friday affirmed an Oklahoma federal judge’s decision ordering a lawyer to give lectures at the University of Tulsa law school, finding that the lower court had properly found that he mishandled a lawsuit over unwanted sales calls he claimed came from a supplement company.

  • April 28, 2017

    11th Circ. Backs Georgia 'Pill Mill' Doc's 20-Year Sentence

    The Eleventh Circuit on Thursday upheld a 20-year sentence for a doctor charged with 92 federal counts arising from his participation in two Georgia pain management clinics that purportedly operated as “pill mills,” saying he failed to prove error in the trial court's handling of the case.

  • April 28, 2017

    Appellate Ruling Upends Bad Faith Law, Fla. Justices Told

    Infinity Indemnity Insurance Co. on Thursday urged Florida's high court to review an appellate decision reviving a bad faith lawsuit brought by a victim of a car crash involving Infinity's policyholder, saying the ruling flouts precedent by erasing the requirement that an insurer's bad faith conduct exposes its insured to liability exceeding policy limits.

  • April 28, 2017

    Delfasco Can't Buy Bankrupt Conco Until 2019, 6th Circ. Says

    The Sixth Circuit on Friday rejected an appeal by shareholders of bankrupt military contractor Conco Inc. to allow its main competitor, Delfasco LLC, to purchase the company, affirming the findings of bankruptcy and district courts that the sale would violate a court-confirmed Chapter 11 reorganization plan.

  • April 28, 2017

    Anthem Ruling May Shake Up Cos.' Merger Case Strategy

    The D.C. Circuit on Friday handed another monumental win to the U.S. in its challenge to Anthem’s $54 billion combination with Cigna, and experts say attorneys advising clients in merger cases may need to rethink their strategies following the government’s recent winning streak.

  • April 28, 2017

    Texas Justices Say RRC Lacks Sole Claim To Sabine Fight

    The Texas Supreme Court held Friday that the state's oil and gas regulator doesn't have exclusive jurisdiction over a landowner's radioactive contamination claims against Sabine Oil & Gas Corp., refusing to wipe out a $22.7 million arbitration award that was confirmed by a lower court.

  • April 28, 2017

    4th Circ. OKs RJ Reynolds' Win In $50M ERISA Suit

    The Fourth Circuit on Friday upheld tobacco giant RJ Reynolds’ win in an Employee Retirement Income Security Act class action over $50 million allegedly lost to retirement plan mismanagement following its 1999 spinoff from RJR Nabisco Inc., saying that a hypothetical and prudent plan manager would have done the same thing.

  • April 28, 2017

    Texas High Court Revives Suit Over Gas Well Damage

    The Texas Supreme Court on Friday reversed a lower court’s decision to permanently toss a suit alleging a gas well was damaged during fracking operations, saying it was within a trial judge’s discretion whether to allow the plaintiff to refile the claim.

  • April 28, 2017

    Ore. Justices Say Consumer Protection Law Applies To Attys

    The Oregon Supreme Court has rejected an attorney’s argument that a state consumer protection law doesn't apply to his debt collection efforts for clients, supporting the state’s ability to pursue an administrative action under the statute accusing him and his firm of improper practices, such as seeking payment on time-barred debts.

  • April 28, 2017

    Texas High Court Upholds Taxes On $162M In Stored Gas

    A split Texas Supreme Court on Friday affirmed the right of Harris County to tax $162 million worth of stored natural gas belonging to Energy Transfer Partners subsidiary ETC Marketing Ltd., upholding lower court rulings and rejecting ETC's argument that the gas is part of interstate commerce and not under local government purview.

  • April 28, 2017

    Fed. Circ. Affirms Alice Win For Nintendo On Image Patent

    The Federal Circuit on Friday agreed to free Nintendo from infringement claims over an image processing patent invalidated under the U.S. Supreme Court’s Alice standard, ruling the company asserting the technology for encoding and decoding information had been beaten to the punch by the legendary Paul Revere.

  • April 28, 2017

    Hobby Lobby Moots Co.'s Contraception Rule Case: 7th Circ.

    The Seventh Circuit on Friday vacated an injunction blocking the Affordable Care Act’s pre-Hobby Lobby contraceptive mandate for for-profit employers, noting the grounds for such relief were mooted when Congress amended the ACA to shield religious beliefs after the high court ruled on the case.

  • April 28, 2017

    High Court Urged To Reverse 6th Circ.'s Waters Of US Ruling

    Several industry groups, states and environmental organizations on Thursday asked the U.S. Supreme Court to reverse the Sixth Circuit’s ruling that it has sole jurisdiction to hear challenges to the U.S. Environmental Protection Agency’s rule clarifying its ability to issue permits under the Clean Water Act.

  • April 28, 2017

    8th Circ. Affirms $60M Symantec Deal Over Objections

    The Eighth Circuit upheld the approval of a $60 million settlement resolving class claims that Symantec Corp. and an e-commerce services provider duped customers into buying an unnecessary add-on to Norton security software, holding in a published opinion Friday that challenges raised by two objectors weren’t persuasive.

  • April 28, 2017

    DC Circ. Nixes Steel Supplier's Noncompete Agreement

    The D.C. Circuit on Friday upheld the National Labor Relations Board’s decision that a steel industry supplier illegally started forcing new hires to sign a noncompete agreement without first consulting a union about the policy shift.

  • April 28, 2017

    Gilstrap Properly Denied LED Sales Ban, Fed. Circ. Says

    The Federal Circuit on Friday refused to undo U.S. District Judge Rodney Gilstrap’s ruling that found a Nichia Corp. rival infringed LED semiconductor patents but denied the patent owner a permanent sales injunction, saying he properly considered potential harm to the company.

  • April 28, 2017

    9th Circ. Upholds FWS Decision Not To Protect Whitebark Pine

    A Ninth Circuit panel on Friday affirmed a quick win given to the federal government in an environmental suit challenging the finding that listing a pine tree species as a threatened or endangered species is “warranted but precluded,” saying the finding satisfied federal law.

  • April 28, 2017

    BP Keeps Gas Well Lease, Texas Supreme Court Rules

    The Supreme Court of Texas on Friday overturned a lower court and ruled that BP America Production Co. did have the right to a natural gas well lease in the state, deciding that the plain language of the contract allowed it to secure its continuation with a payment.

  • April 28, 2017

    Sprint Whistleblower Stays Locked Out Of $15.5M FCA Deal

    A former federal prosecutor turned whistleblower isn’t entitled to a chunk of the government’s $15.5 million False Claims Act settlement with Sprint, a Ninth Circuit panel said in a published decision Friday, concluding it didn’t matter if the government’s suit was based on his own tossed case against several telecoms.

  • April 28, 2017

    Glaser Weil DQ Bid Back In Play In Tupac Biopic Row

    A California appeals court found Thursday that a lower court abused its discretion when it refused to disqualify Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP from representing a Hollywood production company in a suit over financing a Tupac Shakur biopic, finding the court failed to apply the “substantial relationship” test between the firm and the parties in the case.

Expert Analysis

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .

  • Chatting With Ex-Fed. Circ. Chief About Patent System 'Mess'

    Eli Mazour

    Former Federal Circuit Chief Judge Paul Michel, who retired in 2010, recently sat down for an interview with me. He urged immediate action by Congress to fix patent eligibility problems and even more immediate action by the Trump administration to fix the Patent Trial and Appeal Board proceedings, says Eli Mazour of Harrity & Harrity LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Series

    10 Years Of KSR: The Evolution Of 'Common Sense'

    Karen McDaniel

    In KSR, the U.S. Supreme Court instructed lower courts to cast a broad net when considering patent obviousness, and condemned “rigid, preventative rules that deny factfinders recourse to common sense.” But just what is common sense, legally? In the decade since the decision, the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board and the courts all have wrestled with this question, say Karen McDaniel and Lisa Colbur... (continued)

  • Another Aggressive CFPB Position Leads To DC Circ. Rebuke

    Ori Lev

    The D.C. Circuit’s recent refusal to enforce a civil investigative demand issued by the Consumer Financial Protection Bureau to a for-profit school accrediting agency is likely to have broad implications for CFPB enforcement investigations. It is possible that the agency’s aggressive posture colored the court’s analysis of the legal question before it, say Ori Lev and James Williams of Mayer Brown LLP.

  • Justices Struggle With BPCIA Enigma

    Tasha Francis

    Amgen v. Sandoz is the U.S. Supreme Court's first opportunity to weigh in on the Biologics Price Competition and Innovation Act. At oral argument on Wednesday, the U.S. Food and Drug Administration’s role in interpreting and applying the BPCIA provisions took center stage, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Defining An Occurrence For Sexual Abuse Cases

    Katharine Thompson

    In Diocese v. Duluth, the Bankruptcy Court for the District Court of Minnesota ruled last month that each instance of sexual abuse counted as a separate trigger of insurance coverage. This decision clashes with a recent decision made by a Pennsylvania court, indicating that courts across the country will continue to grapple with trigger and number of occurrence issues related to sexual abuse, says Katharine Thompson of Gordon Rees ... (continued)

  • A Do-Over: Takeaways From Florida Court's Ober Revisit

    Paul Rush

    A Florida state court's recent reversal of its own 2016 decision in Ober v. Town of Lauderdale-By-The-Sea affirms the long-standing interpretation of Florida’s lis pendens statute. However, lenders should be on alert, for this ruling may not be the end of the road for Ober, says Paul Rush of Trenam Law.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.