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Appellate

  • September 19, 2018

    11th Circ. Revives Suits Over Financed Life Insurance Policies

    The Eleventh Circuit revived parts of dueling suits launched by Sun Life Assurance Company of Canada and Imperial Premium Finance LLC over Imperial’s acquisition of Sun Life insurance policies, ruling Tuesday that Sun Life’s fraud claims and Imperial’s breach of contract claim could proceed.

  • September 19, 2018

    Court Should Decide Class Arbitrability Questions: 11th Circ.

    The Eleventh Circuit ruled Wednesday that class arbitrability should be decided by a court if an arbitration clause is silent on the issue, but sent a dispute over class arbitrability between consumers and prison contractor JPay Inc. to an arbitrator after determining that the terms of service agreement clearly states that was the parties' preference.

  • September 19, 2018

    DC Circ. Orders Redo For 'Big Short' Adviser’s SEC Hearing

    The D.C. Circuit on Wednesday remanded the U.S. Securities and Exchange Commission’s case against an investment adviser featured in the book "The Big Short” for a new hearing before a different administrative law judge or the commission, in accordance with the U.S. Supreme Court’s recent Lucia ruling.

  • September 19, 2018

    11th Circ. Puts A Lid On Appeal In Starbucks Hot Coffee Suit

    The Eleventh Circuit on Wednesday affirmed a jury verdict clearing Starbucks Corp. of allegations that a barista negligently served coffee that gave a customer severe burns, rejecting arguments that the jury should have heard about other customer complaints regarding Starbucks' lids.

  • September 19, 2018

    ADEA Requires Back Pay, Fourth Circuit Finds In EEOC Case

    The Fourth Circuit held Wednesday that employers who flout the Age Discrimination in Employment Act are required to provide monetary relief to the workers they harm, reversing a Maryland federal judge’s characterization of the relief as voluntary in a long-running case against Baltimore County.

  • September 19, 2018

    La. Panel Revives Suit Over LSU Med School Prof'’s Firing

    A Louisiana appeals court on Wednesday revived a suit accusing Louisiana State University Medical Center of wrongfully terminating a tenured medical school professor, saying a dispute exists over whether the professor’s threat to resign can be considered a verbal resignation.

  • September 19, 2018

    Kavanaugh Assault Hearing Could Devolve Into Chaos

    The Senate Judiciary Committee's hearing on the sexual misconduct allegations against D.C. Circuit Judge and U.S. Supreme Court nominee Brett Kavanaugh will have the trappings of a trial but lack a court proceeding's rules.

  • September 19, 2018

    Gorsuch Was The Least Responsive Nominee In Decades

    New research has concluded that U.S. Supreme Court Justice Neil Gorsuch was less responsive to questions during his confirmation hearings than any justice since 1968 and departed significantly from the so-called Ginsburg Rule, with the study's authors saying Judge Brett Kavanaugh is likely in the same vein.

  • September 19, 2018

    Glassdoor Fights Order To Hand Over Reviewers' Identities

    Counsel for Glassdoor Inc. told the Texas Supreme Court in oral arguments Wednesday that a state free speech law should defeat a trial court's order that the company hand over the identities of two individuals who posted anonymous negative reviews of an online lingerie retailer.

  • September 19, 2018

    Alaska Natives Back Feds In Row Over Hovercraft Ban

    Alaska Native tribes and groups have urged the U.S. Supreme Court haveto uphold the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying that taking away the federal government’s power to regulate certain waters in the state could destroy Alaska Natives' traditional subsistence fishing.

  • September 19, 2018

    First Amendment Protects 'Patent Troll' Moniker, ACLU Says

    Calling a company a "patent troll" isn't defamatory, the American Civil Liberties Union and the Electronic Frontier Foundation have argued in an amicus brief filed with the New Hampshire Supreme Court, saying it's a form of rhetorical hyperbole.

  • September 19, 2018

    NJ High Court Disbars Mass. Atty For Pocketing Funds

    New Jersey's highest court has disbarred a Massachusetts-based attorney for pocketing $16,250 that was meant for a man who the lawyer has claimed was his business partner and then spending the entire amount in less than two months on his own personal expenses.

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Texas Employer Beats Suit From Worker Who Suffered Stroke

    A Texas appeals court on Wednesday tossed a suit accusing a company of failing to provide an employee with medical care after he exhibited stroke symptoms at work, saying the employee did not present evidence that the company owed a legal duty to provide him medical care.

  • September 19, 2018

    Mortgage Lenders Seek Appeal Over Venue In Lehman Fight

    Dozens of mortgage loan originators targeted by Lehman Brothers for $1.2 billion in settlement indemnification claims stemming from purchases of shoddy loans asked Tuesday for leave to appeal a decision keeping the adversary suits in New York bankruptcy court, arguing the jurisdictional issue “remains unresolved in the Second Circuit.”

  • September 19, 2018

    Cheniere Tells Texas Judges To Allow Foreclosure In LNG Row

    Cheniere Energy Inc. had the contractual right to initiate foreclosure proceedings against a business partner's subsidiary after it failed to pay back a $46 million loan, and a trial court wrongly enjoined it from doing so, a Texas appellate court was told in oral arguments in Houston on Wednesday.

  • September 19, 2018

    EPA Asks 5th Circ. To Uphold Effluent Rule Delay

    The U.S. Environmental Protection Agency has asked the Fifth Circuit to uphold its decision to postpone parts of an Obama-era rule that set limits on how much toxic metal can be discharged with power plants’ wastewater, an action environmental groups have said is illegal.

  • September 19, 2018

    Fed. Circ. Affirms Validity Of Cybersecurity Patent

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board decision that a malware detection patent asserted against Palo Alto Networks Inc. is not obvious.

  • September 19, 2018

    Alaska Tells DC Circ. Not To Halt 'Roadless Rule' Case

    Alaska asked the D.C. Circuit not to pause an appeal in the state’s long-running challenge to the 2001 “roadless rule” aimed at limiting road construction in national forests, arguing that a rulemaking effort by the U.S. Department of Agriculture can’t address all its concerns.

  • September 19, 2018

    2nd Circ. Gives Church, Insurer Partial Wins In Abuse Row

    A fight between the Catholic Archdiocese of Hartford and an insurance company that refused to cover four sex abuse settlements ended in a draw before the Second Circuit on Wednesday, with the appeals court upholding a decision against the insurer that didn’t go as far as the church wanted.

Expert Analysis

  • Opinion

    Protecting Florida Medical Plaintiffs’ Access To Courts

    Joe Taraska

    The Florida Supreme Court's recent decision in Morris v. Muniz is intended to help protect the right of victims of medical malpractice to pursue justice. The decision will help to bring the pre-suit investigatory process back to its statutory intent — to weed out frivolous cases, without denying access to the courts for well-founded ones, says Joe Taraska of Morgan & Morgan.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • 2 Important Takeaways From 7th Circ.'s FHA Ruling

    Jeffrey Rosenberg

    In Wetzel v. Glen St. Andrew, the Seventh Circuit recently held that landlords can be held liable under the Fair Housing Act if they are aware of discriminatory harassment toward their tenants and do nothing to stop it. Just as importantly, the court recognized that the FHA prohibits discrimination based on sexual orientation, say attorneys at the Law Office of Yuriy Moshes PC.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Florida Courts Are Prepared For A New Wave Of Foreclosures

    Victor Petrescu

    For Florida practitioners who experienced the foreclosure crisis that swept through the state beginning in 2008, the recent uptick in foreclosure filings may feel ominous. However, Florida's foreclosure jurisprudence has evolved at an incredible pace, capable of expediting the process tremendously if another crisis arises, says Victor Petrescu of Levine Kellogg Lehman Schneider & Grossman LLP.

  • Opinion

    Orexigen Decision At Odds With High Court Jurisprudence

    Douglas Greene

    The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.

  • Fed. Circ. Case Steers Agencies Toward Commercial Vendors

    Nathaniel Castellano

    The Federal Circuit's decision last week in Palantir v. U.S. breathed new life into the government’s obligations to prioritize the acquisition of commercial and nondevelopmental solutions. It may prove to be one of the most significant procurement precedents of the decade, say attorneys with Arnold & Porter.

  • NJ Trial Court Error Resulted In Years Of Litigation

    Lawrence Shapiro

    The New Jersey Appellate Division's reversal in Torah v. Aryeh should serve as a warning for trial judges faced with proceedings arising from an arbitration award. When statutes are involved, their language must be strictly followed, and although arbitration is preferred to litigation, it cannot be coerced or compelled, say Lawrence Shapiro and Nicole Miller of Ansell Grimm & Aaron PC.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.