Appellate

  • November 22, 2017

    Divorcée's Tax Claims Came Too Late, Fed. Circ. Finds

    A Federal Circuit panel has affirmed a decision to reject a taxpayer’s claims for a refund, as well as her request to remove her ex-husband from her property title, because of a lack of subject matter jurisdiction since she did not file her claims timely and did not first seek administrative review from the IRS.

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    NH Hospitals Fight To Keep CMS Suit Win At 1st Circ.

    New Hampshire hospitals pressed the First Circuit to uphold a ruling against the Centers for Medicare & Medicaid Services for altering a reimbursement policy in a frequently-asked-questions document, telling the appeals court that the agency flouted the normal rulemaking process and exceeded its legal authority.

  • November 22, 2017

    Fla. Panel Reinstates Full $1.5M Verdict For Smoker's Widow

    A smoker's widow will receive the full $1.5 million that a jury awarded in her wrongful death suit against Philip Morris and R.J. Reynolds, as a Florida appeals court said Wednesday the tobacco companies waived rights to a comparative fault reduction by repeatedly telling jurors there would be none.

  • November 22, 2017

    Justices Urged To Hear If Courts Can Nix Patents Over Alice

    Several patent holding companies banded together to urge the U.S. Supreme Court on Tuesday to hear a case that challenges whether lower courts can invalidate patents because they cover an abstract idea or other subject matter that is ineligible for a patent.

  • November 22, 2017

    Intel, Lawmakers, Others Urge 9th Circ. To Block Travel Ban

    Technology companies such as Microsoft and Intel, several law groups and dozens of members of Congress were among the entities that filed briefs with the Ninth Circuit on Tuesday and Wednesday supporting challengers to the Trump administration’s proposed travel ban for nationals of several predominantly Muslim countries into the U.S.

  • November 22, 2017

    Privacy Rights Can Bar Public Worker Info, Pa. Justices Say

    The Pennsylvania Supreme Court ruled Wednesday that privacy rights enshrined in the state's constitution could be used to block the release of the personal information of public workers being sought by a nonprofit union reform group under an open records law.

  • November 22, 2017

    Fed. Circ. OKs Ax Of Lilly's Axiron Patent, Allows Generics

    The Federal Circuit ruled Wednesday that a key claim of an Eli Lilly & Co. patent on the testosterone drug Axiron is invalid, upholding a lower court ruling that spurred the generics makers accused of infringement to launch their own versions of the drug.

  • November 22, 2017

    Railroads Claim Clause Derails Entire Amtrak Metrics Law

    Freight railroads have slammed the government’s bid to have the D.C. Circuit preserve a federal statute allowing Amtrak to set performance and scheduling standards along the nation's passenger railways, saying trimming an arbitration provision in the law wouldn't suddenly make it constitutionally valid.

  • November 22, 2017

    Fed. Circ. Clears Apple In Computer Bootup Patent Case

    The Federal Circuit on Wednesday upheld a lower court’s ruling that Apple iPhones and iPods do not infringe a patent on techniques for initializing a computer system, ruling that the tech giant’s products operate in a different way from the patent.

  • November 22, 2017

    Calif. Ruling Sets Chicago Up For Win In Sanctuary City Fight

    After a California federal judge barred the Trump administration from tying federal funding to compliance with its immigration policies, experts say Chicago seems primed for a win at the Seventh Circuit as it defends its case challenging new conditions on federal public safety funds.

  • November 22, 2017

    DOJ Tells Justices Forced Statements Can Be Used Pretrial

    The U.S. Department of Justice recently urged the Supreme Court not to protect suspects from having their compelled statements used at pretrial hearings, saying applying the Fifth Amendment that early would bog down criminal proceedings.

  • November 22, 2017

    Nonprofit Backs Office Depot In False Claims Coverage Row

    A nonprofit policyholder group has urged the Ninth Circuit to revive a coverage dispute between Office Depot and a unit of AIG, arguing that the lower court ruling could drastically curtail coverage in California False Claims Act cases.

  • November 22, 2017

    Pa. High Court Reverses Ruling On Corp. Tax Appeal Window

    The Pennsylvania Supreme Court reversed a lower court’s ruling Wednesday, saying the date that taxes are paid marks the starting point for a three-year appeal window, rather than when they are finalized with the submission of a company’s annual report.

  • November 22, 2017

    Add 4 New Judges, Cut 13 County Seats: Fla. High Court

    The Florida Supreme Court on Wednesday issued its annual opinion on the need for new state court judges, calling for two new judges in circuit courts and two more in county courts but also for the decertification of another 13 county court judgeships, based on its analysis and lower courts' requests.

  • November 22, 2017

    What To Watch As Supreme Court Tackles Location Privacy

    The U.S. Supreme Court is gearing up to hear arguments on Nov. 29 in a privacy case that has the potential to set a definitive standard for how both the government and private companies can use individuals' location data, and attorneys say there are several important questions to be on the lookout for to help determine how the justices may rule.

  • November 22, 2017

    NJ Biz Owner Asks 3rd Circ. To Overturn $1.9M Tax Ruling

    A New Jersey business owner on Tuesday asked the Third Circuit to reverse a judgment against him for $1.94 million owed in income and employment taxes, saying issues of material fact remained as to whether he willfully caused the taxes not to be paid.

  • November 22, 2017

    Hospital Was Right To Disclose Probe Of Doc, NJ Panel Says

    The New Jersey Appellate Division on Wednesday declined to revive a cardiologist’s lawsuit over her former employer’s report to state medical regulators and other hospitals that she resigned while under review for allegedly performing unnecessary procedures, ruling that the hospital was just obeying the law.

  • November 22, 2017

    DA Office Not A Judicial Agency For Records Law: Pa. Court

    A county district attorney’s office should not be treated as a “judicial agency” under a Pennsylvania public records law and therefore should not be afforded the same public disclosure protections, that state's high court said Wednesday.

  • November 22, 2017

    Pa. Justices Deem Gov.'s Line Item Vetoes Unconstitutional

    The Pennsylvania Supreme Court ruled Wednesday that ex-Gov. Tom Corbett failed to follow proper state constitutional procedure when he used a line-item veto to void certain expenditures in a pair of bills accompanying the state’s 2014-2015 budget.

Expert Analysis

  • Amicus Arguments For And Against Inter Partes Review

    Thomas King

    In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Does Your D&O Policy Really Cover Gov't Investigations?

    Lilit Asadourian

    Many directors and officers insurance policies purport to insure the fees and costs companies incur in responding to government investigations. However, a recent Tenth Circuit decision in MusclePharm v. Liberty Insurance Underwriters calls into question the scope of such coverage, say attorneys with Reed Smith LLP.

  • Opioid Insurance Litigation Is Mounting With Mixed Results

    Scott Seaman

    With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Proving Ratification Of A Supervisor's Retaliatory Motive

    John Calhoun

    When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations? Recently, the First Circuit, in Saunders v. Town of Hull, offered much-needed clarification about when a government entity runs afoul of the law in this way, says John Calhoun of Choate Hall & Stewart LLP.

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.