Appellate

  • July 21, 2017

    7th Circ. Sides With Immigrant In Row Over Marijuana Offense

    The Seventh Circuit on Thursday granted a petition from a lawful permanent resident who has been ordered deported, saying the Board of Immigration Appeals misapplied Supreme Court precedent when it deemed his conviction under a marijuana statute an “aggravated felony.”

  • July 21, 2017

    Ohio Can’t Tax Del. Trust Over Stock Sale, Justices Told

    A Delaware trust that netted $18 million from the sale of stock in an Ohio trucking logistics company has asked the Supreme Court to prevent the state of Ohio from slapping it with income taxes, arguing the state lacks taxing authority to do so.

  • July 21, 2017

    Mich. Residents Challenge State's Tax Sales At High Court

    A group of Michigan taxpayers fighting to get some of the proceeds from tax foreclosures on their property appealed to the Supreme Court last week, arguing that Michigan law allows the state to get an unconstitutional windfall from tax sales.

  • July 21, 2017

    Gambling Co. Blasts 7th Circ.'s Ch. 11 Safe Harbor Ruling

    A former racetrack and casino shareholder has launched the opening salvo in a U.S. Supreme Court dispute over whether bankruptcy safe-harbor transfers to financial institutions include those where the institutions didn’t directly benefit, arguing that Congress intended to keep these transactions shielded from clawback.

  • July 21, 2017

    10th Circ. Gives States A Leg Up In Making Gaming Deals

    A recent Tenth Circuit decision that the state of New Mexico can punish non-Indian vendors for working with the Pueblo of Pojoaque's casinos in the absence of a gaming compact may leave the tribe unable to get the gambling machines and software it needs and gives states more leverage when negotiating tribal-state gaming deals.

  • July 21, 2017

    IDT Can't Escape $1.5M Verdict For Former Exec

    IDT Corp. lost its bid to avoid paying an additional $1.5 million in severance to a former company executive on Friday when a New Jersey state appeals court found there was sufficient evidence for jurors to conclude the parties had entered into an enforceable oral agreement for such a payment.

  • July 21, 2017

    5th Circ. Won't Revive $10M Warehouse Fire Coverage Suit

    The Fifth Circuit on Thursday shot down a Florida warehouse owner’s claim that Alterra American Insurance Co. owed it $10 million for underinsuring its warehouse, saying the owner's legal claims did not pass muster in multiple states.

  • July 21, 2017

    Md. Panel Revives Woman's Time-Barred Hip Surgery Suit

    A Maryland appeals court on Thursday revived a woman’s lawsuit alleging that an improperly performed hip replacement surgery forced her to undergo several additional corrective procedures, ruling that questions remained as to when the woman could have learned that her continuing hip problems may have been due to surgeon negligence.

  • July 21, 2017

    2nd Circ. Backs Trader’s $1.1M Unpaid-Wage Win, Adds Fees

    A bond trader fired by Odeon Capital Group LLC who won $1.1 million from his former employer over unpaid wages had his win confirmed by the Second Circuit on Friday, with the court tacking on attorney’s fees and rejecting Odeon’s claims that the decision was tainted by perjury.

  • July 21, 2017

    Dying Victim’s ID Upheld In Tribal Man's Murder Conviction

    The Tenth Circuit on Thursday upheld the triple life sentences handed to a Native American man who shot and murdered three people in a house in Indian Country, concluding that statements made at the scene by one of the now-deceased victims identifying him as the murderer are not hearsay.

  • July 21, 2017

    Calif. Nutrition Co. Takes Row Over Wash. Tax To High Court

    A California-based nutrition supplement company told the U.S. Supreme Court that a lower court erroneously concluded that its mail-order business in Washington state creates a taxable connection when its wholesale channel did not actually establish or maintain a market for its retail side.

  • July 21, 2017

    NJ Court Upholds Judgment For Whistleblower City Atty

    A New Jersey state appeals court on Friday upheld a default judgment against the city of Orange in a whistleblower suit from a former assistant city attorney, saying a trial court properly struck Orange's answer with prejudice after the municipality failed to provide its reasons for firing the lawyer in writing.

  • July 21, 2017

    FERC Backs Order Utility Can Recoup Half Of $31M Outlay

    The Federal Energy Regulatory Commission on Friday defended to the D.C. Circuit its decision entitling San Diego Gas & Electric Co. to recoup only half of $31 million it spent on a transmission project if the project is abandoned for reasons outside the utility’s control.

  • July 21, 2017

    NJ Court Won't Halt Christie's IT Dept. Decentralization

    The New Jersey Appellate Division on Thursday declined to halt Republican Gov. Chris Christie’s executive order to decentralize the state’s Office of Information Technology workers and disband them to the respective agencies they serve, a move the office’s union says could compromise the quality of the state’s computer systems.

  • July 21, 2017

    Nurse Properly Fired For HIPAA Violation, Ky. Court Rules

    A Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of unlawfully firing a nurse for violating the Health Insurance Portability and Accountability Act by disclosing a patient’s confidential health information, rejecting the nurse’s argument that the disclosure was incidental.

  • July 21, 2017

    Ky. Court Says No Expert Needed In Stroke Diagnosis Suit

    A Kentucky appellate court on Friday overturned a lower court's dismissal of a stroke patient’s suit against the doctor who allegedly ignored his symptoms, saying the need for prompt treatment of strokes was common knowledge and thus raised a question of causation in his case.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    EPA Wrongly Delaying Chemical Rule, Enviros Tell DC Circ.

    Green groups and the nation’s largest industrial union told the D.C. Circuit on Thursday that the U.S. Environmental Protection Agency is improperly twisting the Clean Air Act to justify a 20-month delay of an Obama-era chemical risk management rule.

  • July 21, 2017

    Fed. Circ. Rejects Amazon’s Plea To Reissue IP Liability Ruling

    The Federal Circuit on Thursday rejected a request from Amazon and eBay to republish as precedential an opinion it issued last month finding that Amazon, as a mere host to third-party vendors in this case, couldn’t be held liable for the sale of stuffed-animal pillowcases that allegedly infringe design patents.

  • July 21, 2017

    Investment Adviser Takes SEC Admin Judge Case To Justices

    An investment adviser seeking to overturn a lifetime industry ban imposed by a U.S. Securities and Exchange Commission administrative law judge on Friday asked the U.S. Supreme Court to weigh in on whether the use of those judges violated the Constitution’s appointments clause.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • What To Know About Proposed Changes To Tip-Pooling Rule

    Susan Schaecher

    The U.S. Department of Labor recently announced plans to propose a full rescission of its controversial tip-pooling restrictions. While the announcement does not immediately change existing law, it sets into motion regulatory action that could aid hospitality employers across the country, says Susan Schaecher of Fisher Phillips.

  • Enforcing Arbitration Clauses In Product Packaging

    Abby Sacunas

    Two recent U.S. Supreme Court decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging. Under certain states’ laws, such clauses may be enforceable — so long as reasonable notice is provided, along with notice that failure to return the product constitutes assent, says Abby Sacunas of Cozen O'Connor.

  • Exhausted: Courts Reject Restraints On Alienation Of IP

    Jason Russell

    With its recent decisions in Impression Products and Kirtsaeng, the U.S. Supreme Court emphatically has endorsed a sweeping interpretation of the patent exhaustion and first sale doctrines, which is likely to have significant effects on commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • 9th Circ. Price Advertising Decision Threatens Retailers

    Rick Shackelford

    The Ninth Circuit's recent decision in Linda Rubenstein v. Neiman Marcus comes amid a wave of lawsuits targeting retailers for deceptive pricing. Though unpublished and without precedential effect, the decision will embolden plaintiffs to file similar class actions against retailers and could make it more difficult for them to succeed on motions to dismiss, say Rick Shackelford and Colin Fraser of Greenberg Traurig LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • 2nd Circ. Libor Ruling Helps Subjects In Int'l Investigations

    Gregory O’Connell

    The Second Circuit's Allen decision Wednesday tilts the scales toward subjects and targets in multinational investigations. U.S. prosecutors could be forced to get involved in international investigations earlier than they might like, say Gregory O’Connell and Peter Sluka of De Feis O’Connell & Rose PC.

  • When LinkedIn Emails Don't Violate A Noncompete

    James Patton Jr.

    An Illinois state appeals court's recent decision in Bankers Life & Casualty v. American Senior Benefits serves as another reminder to employers that the type of activity in question is crucial in determining whether an individual violates his or her nonsolicitation agreement on social media, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.