Appellate

  • November 17, 2017

    Abortion Foes Tell 9th Circ. Free Speech Trumps Tape Suit

    Planned Parenthood failed to properly fight off a free speech challenge to its suit over secretly recorded videos purporting to show the improper sale of fetal tissue, anti-abortion activists told a Ninth Circuit panel Friday, saying a lower court erred in finding in favor of the health care provider.

  • November 17, 2017

    7th Circ. Backs Toss Of Rail Workers' Rule Change Suit

    The Seventh Circuit on Friday affirmed a lower court's decision to dismiss a suit brought by the union representing Union Pacific Railroad Co. workers and send the dispute over the railroad's modification of disciplinary rules to arbitration instead.

  • November 17, 2017

    Sandridge Investor Can't Sue Due To Bankruptcy: 10th Circ.

    The Tenth Circuit on Friday rejected an objector’s challenge to a $38 million settlement that ended a derivative suit against the directors of an energy company that went bankrupt while the case was pending, saying he lost the right to sue when the company’s shares were canceled.

  • November 17, 2017

    W.Va. High Court Upholds Dismissal Of Hysterectomy Suit

    West Virginia’s high court on Friday affirmed the toss of a medical malpractice suit alleging that a doctor injured a patient during a hysterectomy, finding that the lower court rightly determined the suit was time-barred.

  • November 17, 2017

    Chamber, Auto Dealers Back Service Adviser OT Exemption

    The U.S. Chamber of Commerce, 10 automobile dealer trade groups and two business and retail trade groups have filed amicus briefs supporting a California Mercedes-Benz dealership’s U.S. Supreme Court petition that employees who advise customers about repair work are exempt from overtime pay under the Fair Labor Standards Act.

  • November 17, 2017

    Fed. Circ.’s Judge Lourie Defends Court’s Patent Purview

    The Federal Circuit’s recent rash of reversals at the U.S. Supreme Court isn’t cause for worry, according to Federal Circuit Judge Alan D. Lourie, who said Friday they’re a sign of reasonable differences in high-stakes cases.

  • November 17, 2017

    DC Circ. Won't Reopen Corrections Worker's Retaliation Suit

    The D.C. Circuit on Friday rejected a former Washington, D.C., Department of Corrections employee’s bid to reopen a suit alleging he was retaliated against for participating in a sexual harassment class action years earlier and fired for complaining about various adverse actions taken against him.

  • November 17, 2017

    Texas Justices Shelve J&J Mesh Case After Appeal Dropped

    The Texas Supreme Court on Friday decided to end a case asking when the clock begins to run on a personal injury claim stemming from an allegedly defective product, after the plaintiff in a Johnson & Johnson unit pelvic mesh suit dropped her connected Eleventh Circuit appeal.

  • November 17, 2017

    Amtrak Asks High Court To Revive STB On-Time Train Rule

    Amtrak has asked the U.S. Supreme Court to determine whether the Surface Transportation Board has authority to define an “on-time” passenger train when investigating railroads for delays, saying a recent void in the law jeopardizes Amtrak’s longstanding right of way over cargo traffic on railways.

  • November 17, 2017

    NJ Court Revives Fired Worker's Mayoral 'Hit List' Suit

    The New Jersey Appellate Division on Friday revived a former school employee's suit alleging that she was on a town mayor's so-called hit list and fired in retaliation for not lending him political support, ruling that she presented sufficient evidence to go before a jury.

  • November 17, 2017

    Tenured Prof Who Lost Job In Merger Appeals To High Court

    A former tenured professor of the University of Texas has asked the Supreme Court to revive his case against the university, saying the decision to void his tenure and not hire him on after the university merged with another violated his constitutional rights.

  • November 17, 2017

    4th Circ. Revives Drivers' FLSA Claims Against Baking Co.

    The Fourth Circuit on Friday reinstated Fair Labor Standards Act claims in a suit against Schmidt Baking Co. Inc. from former employees alleging they were entitled to overtime pay, reversing a lower court’s dismissal.

  • November 17, 2017

    DA's Deal With Law Firms Is Illegal, Skeptical 9th Circ. Told

    A bank argued Friday that Baron & Budd PC, Carter Wolden Curtis LLP and Golomb & Honik PC couldn’t legally prosecute, on behalf of a district attorney, allegations it tricked customers into buying credit card protection plans, prompting a Ninth Circuit panel to note that private individuals prosecute public matters all the time.

  • November 17, 2017

    Appeals Court Says Ex-Tyco Worker Can't Duck Noncompete

    A Pennsylvania appeals court on Friday said it would not throw out a preliminary injunction aimed at enforcing the noncompete provision in an ex-Tyco Fire Products LP sales manager’s employment agreement after he left the company to join a competitor.

  • November 17, 2017

    High Court Asked To Review Attorney Fee Denial In Tax Case

    A taxpayer petitioned the U.S. Supreme Court to review a Fourth Circuit decision upholding a district court’s rejection of his motion to recover nearly $600,000 in attorneys' fees, even though he prevailed on the merits of the underlying case.

  • November 17, 2017

    Trump Adds 5 Names To Supreme Court Potential List

    President Donald J. Trump announced on Friday the addition of five new names to the list of judges that he will draw upon to fill a potential vacancy in the U.S. Supreme Court.

  • November 17, 2017

    $200B San Diego Transpo Plan Still Inadequate On Appeal

    A split California appeals court ruled Thursday that a San Diego regional planning agency failed to properly analyze greenhouse gas reduction and assess public health risks in a 2011 review of a $200 billion long-term transportation plan.

  • November 17, 2017

    15 States Tell 4th Circ. Travel Ban 'Imperiling' Industries

    Fifteen states and the District of Columbia urged the Fourth Circuit to preserve a Maryland federal court’s block on President Donald Trump’s travel ban preventing nationals of several predominantly Muslim countries from entering the U.S., saying the restrictions hurt tourism and recruitment of international talent.

  • November 17, 2017

    Appeals Court Revives Botched Birth Suit Against OB-GYN

    An Indiana appellate court panel on Friday revived a suit against an obstetrician-gynecologist accused of not warning a pregnant mother about the risk of serious complications during delivery, resulting in permanent nerve damage to her son.

  • November 17, 2017

    NJ Atty Malpractice Suit Revived To Weigh Timeliness

    A New Jersey state appeals court on Friday upended a ruling that dismissed a legal malpractice action as being filed too late, finding that the record is unclear as to when a construction worker allegedly knew he had been harmed by his former lawyer in litigation over a job-related injury.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller & Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • How The Gov't Defends PTAB Partial Institution Rule

    Jason Nolan

    The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • What To Expect After Latest DOL Overtime Rule Appeal

    Dale Hudson

    In appealing a decision that invalidated the Obama administration’s overtime rules, it seems the U.S. Department of Labor wants to affirm its authority to utilize a salary threshold for Fair Labor Standards Act exemptions, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Pennsylvania NOL Cap Ruling Presents Taxpayer Challenges

    Jeffrey Friedman

    The Pennsylvania Supreme Court recently held that the state’s flat $3 million cap on net operating loss carryforwards violates the state constitution’s uniformity clause. While the court’s reasoning is based upon the application of a Pennsylvania constitutional provision, it may be applicable to other states that have net operating loss carryforward caps, say attorneys with Eversheds Sutherland LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.