Uber urged the Ninth Circuit at a hearing Wednesday to decertify a class of drivers who say they were misclassified as independent contractors and send their claims to arbitration, saying the drivers’ individual interests preclude certification and that the court’s 2016 decision in another Uber case requires arbitration of individual claims.
Massachusetts' highest court has agreed to review a lower court's ruling that a pair of insurers can't recoup sums they paid to defend Vibram USA Inc. against a suit alleging the company unlawfully obtained a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila in a case that raises multiple issues of first impression under state law.
The American Civil Liberties Union of Massachusetts on Wednesday urged the state’s highest court to throw out thousands of convictions tainted by a chemist who admitted to consuming meth, ketamine and other drugs while on the job.
The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board ruling that NFC Technology failed to show the inventor of a near-field communication device had created a prototype that rendered a patent obvious, saying the decision lacked substantial evidence.
The Court of Justice of the European Union on Wednesday cited a procedural error in annulling a regulation that eliminated a subsidy on poultry meat, but the court said the regulation would remain in effect until a new measure was adopted.
A group of Georgia landowners is asking an Eleventh Circuit panel Thursday to reverse a decision allowing Transcontinental Gas Pipe Line Co. to access their land to build a pipeline without paying compensation upfront, in a case that could help shape the legal landscape of natural gas pipeline disputes.
The Montana Supreme Court ruled Tuesday that water rights for land acquired by Scott Ranch LLC fell under state law and not under the authority of a tribal compact, overruling the state Water Court in a case that was described as a “somewhat unusual situation.”
West Virginia and seven other states sought Tuesday to support a push by Texas to pause a temporary block of much of the Lone Star State’s anti-sanctuary city law, arguing that Texas will likely prevail in the case.
A Ninth Circuit panel Tuesday affirmed a lower court’s use of Washington law when it dismissed an Amazon shopper’s putative class action over alleged inflation of comparative discounts, rejecting the shopper’s argument that California law is substantially different.
The Third Circuit ruled Wednesday that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs, saying that testimony from county officials generally referencing its FLSA obligations wasn’t enough for the willfulness issue to make it before a jury.
Justice Ruth Bader Ginsburg told first-year law students in an address Wednesday that she rode the wave of the women’s movement, which in the 1970s was “coming alive all over the world,” as she solidified her reputation as a successful litigator fighting for women’s rights.
A Massachusetts appeals court Tuesday affirmed that a Boston grocer may not park cars in a passageway it shares with an adjacent church and residential buildings, while also finding that a 1947 agreement between the church and the supermarket on the usage of the passageway was not enforceable.
The city of St. Louis has the constitutional right to impose payroll taxes and to make special redevelopment deals that are in the public interest, a Missouri appeals court ruled Tuesday.
Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.
A California appeals court on Tuesday reversed a lower court’s decision in favor of the state’s Department of Pesticide Regulation in a suit by environmental groups challenging the approval of amended labels for two previously registered pesticides, saying the department’s efforts at environmental review were deficient.
A California appeals court on Tuesday revived a woman’s case against her city and county over their vehicle impounding procedures, citing a recent decision from the state’s high court in a related dispute that found residents didn’t need to pay property taxes to sue the local government.
Sunoco Inc. on Tuesday asked the Third Circuit to review its split decision refusing to let the energy giant force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying that the majority “misperceived” contract law and contravened relevant court precedents.
The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.
The Tenth Circuit on Tuesday affirmed the defeat of a $6.3 million verdict against Cox Communications Inc. in litigation accusing the company of tying its premium cable services to rentals of its set-top boxes, the latest development in a serpentine proceeding that has stretched longer than eight years. Here, Law360 runs down some of the milestones in the proceedings.
The Second Circuit on Wednesday affirmed a Syracuse, New York, federal judge's dismissal of a suit targeting Pan Am Railways Inc., which was filed by a Troy, New York, man who passed out drunk on tracks in Rensselaer County and was run over after being mistaken for a bag of trash.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
In Valley Forge v. Upper Merion, the Pennsylvania Supreme Court held two months ago that school districts' policies and practices related to filing reverse real estate tax assessment appeals violate the state's uniformity clause. Trial courts will now have to apply this decision to scores of districts' reverse appeals, say attorneys with Hangley Aronchick Segal Pudlin Schiller.
Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.
A New York state court’s recent decision in LNYC Loft v. Hudson Opportunity Fund regarding the authority of a limited liability company to appoint a special litigation committee represents a departure in the trend of courts using statutory and common law to address questions that are not directly addressed by an LLC operating agreement, say Muhammad Faridi and Elizabeth Quirk of Patterson Belknap Webb & Tyler LLP.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
My first argument before the U.S. Supreme Court was unusual in that it was also my first argument in any court of any kind, says Lindsay Harrison of Jenner & Block LLP.
Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.
The Federal Circuit's recent decision in Snyder v. Secretary of Veterans Affairs raises the question of whether the U.S. Patent and Trademark Office has met the requirements for using adjudicative decisions as precedent, says Richard Torczon, of counsel at Wilson Sonsini Goodrich & Rosati PC and a former Patent Trial and Appeal Board judge.
The Second Circuit's recent Martoma decision potentially expands the category of persons that, upon the disclosure of confidential information without pecuniary or tangible benefit, may constitute tippers or tippees subject to insider trading liability, say attorneys with Cadwalader Wickersham & Taft LLP.
Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.
The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.