Appellate

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic, litigation finance is now winning over converts in the halls of BigLaw — and pressing their rivals to keep up.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Fed. Circ. Upholds Ruling Axing Forest's Namenda Patents

    The Federal Circuit on Monday affirmed a Delaware judge's decision that Forest Laboratories’ six patents on the Alzheimer's drug Namenda are invalid as indefinite in a win for Teva Pharmaceuticals USA Inc., which is planning a generic version of the drug.

  • December 11, 2017

    Feds’ Plea Leverage At Stake In High Court Tax Dodger Case

    The federal government could lose a potentially important bargaining chip during plea negotiations if U.S. Supreme Court justices narrow the application of a statute criminalizing the obstruction of federal tax laws, as they recently indicated they might do during oral arguments in an appeal from a convicted tax dodger.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Fla. Justices To Hear Row Over Judge's Facebook Friends

    The Florida Supreme Court said Monday it will consider whether a judge should be disqualified from presiding over a case for being Facebook friends with opposing counsel, setting the stage for the court to refine the Sunshine State’s laws on judges' social media use.

  • December 11, 2017

    Fla. City Scores Wins At 11th Circ. In Liquor Store Sale Row

    The Eleventh Circuit on Friday largely affirmed a decision tossing litigation alleging a conspiracy between Marathon, Florida, and city officials to try to discourage the sale of a liquor store and cocktail lounge, concluding that most of the allegations were rightfully dismissed, but one isn’t yet ripe for review.

  • December 11, 2017

    Futility Issue Frustrates Apple Investor Suit, Calif. Panel Says

    A California appeals court ruled Monday that Apple Inc. investors who tried to update their suit against company board members over their role in a Silicon Valley recruiting scandal had to show that it would be futile to ask Apple's current board to take action, rather than the board in place when the suit was first filed.

  • December 11, 2017

    Nestle Unit Loses Bid To Shed Contractor's Claim In Ch. 11

    A Nestle bottled water unit on Monday lost an appeal seeking to invalidate an arbitration claim brought by a distributor that later reorganized in bankruptcy, as a Sixth Circuit panel found the debtor had provided enough detail to preserve the claim in its Chapter 11 plan.

  • December 11, 2017

    Ill. Appeals Court Upends $5M Construction-Injury Deal

    An Illinois appeals panel on Friday reversed a trial court’s good-faith finding and ordered a new trial over contributions to a man’s $5 million settlement for injuries he suffered at a Walmart construction site, finding neither the judge nor the jury had enough information to determine whether each settling party is paying its proper portion of the deal.

  • December 11, 2017

    Ill. Appeals Court Revives Claim Over Spinal Surgery

    An Illinois appeals court on Friday reversed and remanded a trial court’s decision to dismiss medical negligence allegations against hospital staffers in a suit brought by a woman who suffered major arterial damage after spinal surgery, finding that the claims were not time-barred.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    Endo Escapes Faulty Pelvic Mesh Suit On Appeal

    An Illinois appeals court on Friday tossed a suit accusing Endo Pharmaceuticals and its subsidiary American Medical Systems Inc. of manufacturing faulty pelvic mesh products, finding the suit doesn’t belong in an Illinois court.

  • December 11, 2017

    Justices Won’t Review Kansas' Tribal Gaming Loss

    The U.S. Supreme Court refused Monday to tackle a Tenth Circuit decision rejecting the state of Kansas’ challenge to a National Indian Gaming Commission advisory opinion that purportedly paved the way for the Quapaw Tribe of Oklahoma’s casino project.

  • December 11, 2017

    High Court To Hear Tribe's Land Dispute With Couple

    The Supreme Court said Friday it would take up a property dispute between a couple and the Upper Skagit Indian Tribe in Washington, setting the stage for the high court to refine the law on whether a court’s authority over a piece of land can trump tribal sovereign immunity.

  • December 11, 2017

    NJ Justices Nix Worker's Contract Barring 3rd-Party Suits

    The New Jersey Supreme Court on Monday ruled that an employment contract barring third-party lawsuits wasn’t enforceable under the state’s workers’ compensation law because it contravenes public policy, but a trial court must still determine if the suing employee was partially liable for the injury that prompted his suit. 

  • December 11, 2017

    9th Circ. Tosses FOIA Suit Over Coach Accused Of Assault

    The Ninth Circuit on Friday granted the dismissal of an investigative journalist's Freedom of Information Act suit that was brought against the U.S. Department of Homeland Security over the details of what allowed a former Irish Olympic swim team coach accused of sexual assault to immigrate to the United States.

  • December 11, 2017

    Apple Urges High Court To Deny Review In $533M Patent Case

    Apple Inc. is urging the U.S. Supreme Court to not hear an appeal brought by Smartflash LLC, saying the Federal Circuit correctly applied the Alice standard when it found certain Smartflash data storage patents were invalid following a $533 million jury verdict against the iPhone maker.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • 10 Things To Know About Native American Policy: Part 1

    Donald Pongrace

    The Trump administration has a number of regulatory priorities and political vacancies that need to be focused on, including key areas that would impact Indian Country such as tax reform proposals, insurance reform and fee-to-trust regulations, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • The Trump Administration’s Move Against SEC Judges

    Daniel Walfish

    The government’s new position on the constitutionality of the U.S. Securities and Exchange Commission’s administrative law judges is more far-reaching and potentially consequential than is generally understood, says Daniel Walfish, a former SEC senior counsel now with Milbank Tweed Hadley & McCloy LLP.

  • Court Wrongly Disallows Lender's Post-Bankruptcy Legal Fee

    Michael Cook

    At least five circuit courts have taken a sensible approach to allowing an undersecured creditor’s claim for legal fees. But there is still no uniformity in the lower courts, as evident in a North Carolina federal court's recent decision in Summitbridge v. Faison, says Michael Cook of Schulte Roth & Zabel LLP.

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Liability Insurance May Cover Intentional Acts In Penn.

    Timothy Law

    Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.

  • Will The Supreme Court Review SEC's In-House Judges?

    Harold Krent

    I was confident that the U.S. Supreme Court would grant certiorari in Lucia v. SEC to resolve the split in the circuits over whether federal administrative law judges should be considered inferior officers or employees under the Constitution — until the government's response to the Lucia petition last week, says professor Harold Krent of IIT Chicago-Kent College of Law.

  • Can Labor Be Depreciated In Actual Cash Value Calculations?

    Jordan, Tracey - resized.jpg

    Depreciation of labor continues to be a hot-topic, divisive issue in actual cash value calculations. Based upon the lack of consensus and recent glut of litigation on the topic, insurance companies should be aware of the law in the jurisdiction in which they are calculating losses to avoid adjustment pitfalls, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.