Appellate

  • April 20, 2018

    Fla. Can Shield Insurance Program From Public Records Law

    A Florida appeals court sided with the state's financial services agency Friday in a dispute with two law firms, ruling that a public records exemption protecting certain personal information held by the agency for participants in two real estate insurance programs is constitutional.

  • April 20, 2018

    Orphaned By Feds, SEC Judges Find Ally In O'Melveny Advocate

    Administrative law judges at the U.S. Securities and Exchange Commission can no longer count on Solicitor General Noel Francisco to defend them in their upcoming fight before the U.S. Supreme Court, but they may not need him if an attorney invited by the court can convince the justices there was no constitutional foul in the way they were hired.

  • April 20, 2018

    11th Circ. Affirms Sewage Not Pollution In Insurance Row

    The Eleventh Circuit upheld an Alabama federal court's ruling that a pollution exclusion in an insurance policy doesn’t apply to property damage and injuries from a sewage leak, saying Friday the lower court rightly drew comparisons to a past case that reached the same conclusion.

  • April 20, 2018

    Retiree Can Keep $223K Pension Overpayment: Wis. Court

    The Milwaukee County Pension Board may not reduce a retiree's pension payments to account for a 2003 miscalculation that led to a $223,209 overpayment, because the board's rules require it to fix pension mistakes within one year, Wisconsin's First District Court of Appeals said Thursday.

  • April 20, 2018

    Cosby Accuser Cites #MeToo In Bid For High Court Review

    Arguing the U.S. Supreme Court should rule that saying "me too" did not make her a public figure, a woman who has accused Bill Cosby of defamation petitioned for high court review Thursday in the case stemming from his claim that she lied about being raped by him.

  • April 20, 2018

    Vitamin C Importers Urge Less Int’l Deference At High Court

    Vitamin C importers told the U.S. Supreme Court in a brief ahead of oral arguments next week that domestic courts are not required to defer to a foreign government's interpretation of its own laws, in a closely watched price-fixing case set to include participation from both the U.S. and China over the vacating of a $147.8 million judgment.

  • April 20, 2018

    Fed. Circ. Upholds PTAB Time-Bar Ruling Against Wi-Fi One

    Three months after the full Federal Circuit gave Wi-Fi One LLC a chance to argue Broadcom Corp. was too late with its challenges to messaging patents at the Patent Trial and Appeal Board, a split panel of judges for the appeals court ruled the board correctly invalidated claims in the patents.

  • April 20, 2018

    DC Circ. Skeptical Of FCC's Rationale To Restore UHF Break

    A D.C. Circuit panel grilled the Federal Communications Commission Friday over its revival of an obsolete technical distinction that lets broadcasters reach a higher percentage of U.S. households, as the FCC claimed “procedural discretion” for a holistic approach to address what it considers a too-restrictive cap on broadcaster reach.

  • April 20, 2018

    Monsanto Appeal Can't Keep Herbicide Off Calif. Cancer List

    A California appeals court on Thursday refused to revive Monsanto Co.’s lawsuit challenging a state agency’s inclusion of the herbicide glyphosate on a list of carcinogens, which could require the company to put warning labels on its popular Roundup weed killing products because glyphosate is an active ingredient.

  • April 20, 2018

    9th Circ. Splits From Similar Rulings On Tender Offer Suits

    Departing from circuit court rulings in five similar cases, the Ninth Circuit on Friday reversed a lower court's dismissal of a putative securities class action alleging Emulex Corp. concealed that Avago Technologies Ltd.'s $606 million acquisition offer was too low, holding that the investors’ claims require a showing of negligence rather than intentional wrongdoing.

  • April 20, 2018

    GWB Scandal Figures Challenge Statute’s Reach In 3rd Circ.

    Two former associates of ex-New Jersey Gov. Chris Christie will call on the Third Circuit during oral arguments Tuesday to rein in prosecutors’ novel application of an anti-theft and anti-bribery statute to criminalize their alleged scheme to reduce local access lanes to the George Washington Bridge as an act of political revenge.

  • April 20, 2018

    Texas Hospital Can't Ditch Suit Over Nurse Training

    Texas hospital chain Baylor Scott & White can't assert governmental immunity to avoid a lawsuit brought by a woman who says she was over-sedated during knee surgery because it didn't manage the hospital where it had trained nursing staff, a Texas appeals court held Thursday.

  • April 20, 2018

    Politics Of Online Taxation Put Wayfair Case In High Court

    The issue of how states may tax remote sellers — a policy concern — arrived at the U.S. Supreme Court because the politics of getting legislation through Congress have proved nearly impossible, experts say.

  • April 20, 2018

    Mass. Atty Appeals Suspension, Gets 6 More Months

    A Massachusetts attorney had his nine-month suspension from practicing law extended to 15 months on Friday after the state's Supreme Judicial Court ruled the counts against him of abuse and misconduct relating to elderly clients' estates warranted harsher penalties given the repeated nature of the acts and his failure to repay excessive fees.

  • April 20, 2018

    Disney Workers Urge 9th Circ. To Revive Valeant ERISA Suit

    Former Walt Disney Co. employees have urged the Ninth Circuit to revive their suit alleging their pension plan trustees breached a fiduciary duty by not monitoring a mutual fund’s investments in now-embattled Valeant, arguing the lower court incorrectly treated their allegations as stock-drop claims.

  • April 20, 2018

    Federal Judge’s Killer Executed After High Court Flurry

    A man who killed an Eleventh Circuit judge and a black civil rights lawyer in 1989 using mail bombs was executed Thursday night in Alabama, following an eleventh-hour stay issued by the U.S. Supreme Court earlier in the day that was later vacated.

  • April 20, 2018

    2nd Circ. Affirms SEC’s $26M Win Over Ponzi Schemer

    The Second Circuit on Friday affirmed the lower court’s decision to grant the U.S. Securities and Exchange Commission’s summary judgment bid for a nearly $26 million judgment against convicted Ponzi schemer Francisco Illarramendi, saying the former hedge fund adviser’s claim he was denied the counsel of his choice was unevidenced.

  • April 20, 2018

    Atty Suspended For Ignoring Clients, Missed Deadlines

    The Florida Supreme Court on Thursday suspended a Miami-area attorney for three years for repeatedly neglecting court deadlines and for voluntarily dismissing a lawsuit without contacting his client, who unsuccessfully tried to reach him and had to learn from a friend that her case had been dismissed.

  • April 20, 2018

    Food Co., Nurse Must Face Suit Over Worker’s Death

    A Kansas appeals court Friday reinstated a woman's lawsuit against her late husband's employer after the food processing company's nurse diagnosed him with acid reflux shortly before he suffered a fatal heart attack, with the panel finding that the state’s ever-evolving workers' compensation law no longer applies.   

  • April 20, 2018

    Wyo. City, County Urge Justices To Snub Tribes' Land Suits

    A Wyoming county and city urged the U.S. Supreme Court on Friday to reject bids by two Native American tribes to overturn a Tenth Circuit decision that shrank their shared Wyoming reservation, saying the ruling didn't create a circuit split and that the language of a 1905 law at issue in the case is like that in other laws that diminished the size of reservations.

Expert Analysis

  • If Lucia Wins On SEC Judges, What Comes Next?

    Daniel Walfish

    The U.S. Supreme Court is set to consider in Raymond J. Lucia v. SEC whether the U.S. Securities and Exchange Commission’s previous hiring of administrative law judges violated the constitution. Let's look at two issues on the horizon if the answer is yes, says Daniel Walfish of Walfish & Fissell LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Don't Misunderstand The Prop 65 Coffee Ruling

    Erika Schulz

    Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • At Wayfair Args, Justices Seem Hesitant To Overturn Quill

    Clark Calhoun

    While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.