Appellate

  • January 19, 2017

    Russian Investor Asks 9th Circ. To Keep $116M Freeze In Place

    A Russian real estate investor who convinced a California federal judge to freeze $116 million of his former partner’s money urged the Ninth Circuit on Wednesday to keep the injunction in place, saying the former partner's had his say and there's nothing unprecedented or illegal about the asset freeze.

  • January 19, 2017

    9th Circ. Says Trademark Claims Don't Fit Karaoke Suit

    The Ninth Circuit on Wednesday shot down a Lanham Act lawsuit filed by a karaoke music publisher against a business that allegedly copied music, agreeing that it was a failed effort to “stuff copyright claims into a trademark container.”

  • January 19, 2017

    SoundExchange Fights For Higher Royalty Rates At DC Circ.

    SoundExchange, the company that collects royalties for record labels and artists, urged the D.C. Circuit on Tuesday to nix digital streaming music rates it says are too low, arguing that the Copyright Royalty Board imposed its own policy preferences rather than properly assessing what rates open negotiation would have yielded.

  • January 19, 2017

    Pa. Justices Bar Unnamed Beneficiary Malpractice Claims

    The Pennsylvania Supreme Court ruled Thursday that a man’s failure to sign trust amendments he’d ordered before his death in January 2011 precluded purported beneficiaries of the estate plan from pursuing malpractice claims against Ross & McCrea LLP over its handling of the matter.

  • January 19, 2017

    BREAKING: Justices To Hear Dispute Over Plavix Users' Calif. Ties

    The U.S. Supreme Court agreed Thursday to take up Bristol-Myers Squibb Co.’s appeal of a California high court decision that allowed almost 600 out-of-state residents to sue the drugmaker over alleged injuries from blood-thinner Plavix because of the company’s ties to the state.

  • January 19, 2017

    FPL Wants State's Review Of Nuclear Plant Plans Stayed

    Florida Power & Light Co. has asked the Florida Supreme Court to delay further state review of its plans to build two nuclear generating units south of Miami while the high court considers whether to review an appeals court's reversal of the state's prior approval.

  • January 19, 2017

    Web Streaming Like Cable, 7th Circ. Told In Copyright Suit

    Web streaming service FilmOn X LLC took its battle for a license to broadcast copyrighted content to the Seventh Circuit on Thursday, telling the appellate panel that the service is fundamentally the same as cable and thus should be eligible under the Copyright Act.

  • January 19, 2017

    Jones Day Atty Leaves Firm For Possible Gig At SG's Office

    A Jones Day partner revealed somewhat furtively on Wednesday that he is leaving the firm, setting off rumors that the conservative legal star will be named to a top position in the U.S. Solicitor General’s office by the incoming Trump administration.

  • January 19, 2017

    Accused Fraudster's Suicide Doesn't Void Ponzi Deal: 6th Circ.

    An escrow agent who was accused of defrauding the mastermind behind a $45 million Ponzi scheme must pay the entirety of a previously agreed-to settlement despite his co-defendant committing suicide, the Sixth Circuit ruled on Wednesday.

  • January 19, 2017

    EPA Defends Mercury Cost Analysis At DC Circ.

    The U.S. Environmental Protection Agency has told the D.C. Circuit that the agency's U.S. Supreme Court-ordered analysis of the costs and benefits of a rule limiting mercury and other toxic emissions from coal-fired power plants reasonably interpreted ambiguous language in the Clean Air Act.

  • January 19, 2017

    BREAKING: 4th Circ. Backs Ex-Massey CEO's Conspiracy Conviction

    The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.

  • January 19, 2017

    Lab Vendor Urges 9th Circ. To Revive RICO Suit

    Diagnostic Laboratories is urging the Ninth Circuit to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, arguing the district court wrongly defined what constitutes a continuous scheme.

  • January 19, 2017

    Tribal Group Asks 9th Circ. To Undo Gov't Highway Win

    The Gila River Indian Community on Wednesday filed an opening brief with the Ninth Circuit asking the appeals court to overturn a ruling that federal and state agencies took no shortcuts on environmental reviews when approving a Phoenix-area highway project, alleging the agencies violated the National Environmental Policy Act.

  • January 19, 2017

    Firm’s Debt Collection Letter Leads To High Court Appeal

    A woman who received a debt collection notice from a California law firm has asked the U.S. Supreme Court to review the D.C. Circuit’s finding that the letter could not have been mistaken for a precursor to legal action, saying federal appeals courts are split on this issue.

  • January 18, 2017

    11th Circ. Hands Kardashians Loss In Pun-Packed Opinion

    The Kardashian sisters lost a motion to compel arbitration at the Eleventh Circuit on Wednesday when a panel in a pun-laced opinion full of wrinkles, blushes and style agreed that a district court rightfully denied their bid to arbitrate with Kroma Makeup EU LLC in a trademark infringement suit.

  • January 18, 2017

    Ikea Ruling Puts Stamp On Novel Post-Spokeo Strategy

    The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.

  • January 18, 2017

    SAC Trader, Feds Feud At 2nd Circ. Over Salman Impact

    Jailed ex-SAC Capital Advisors manager Mathew Martoma sparred with federal prosecutors Tuesday over the U.S. Supreme Court’s recent decision upholding the Salman insider trading case conviction, with the hedge funder saying a Second Circuit decision still carries weight.

  • January 18, 2017

    TransPerfect Workers To Push Del. To Curb Chancery Power

    As the Delaware Supreme Court considered an appeal Wednesday of Chancellor Andre G. Bouchard’s decision to order the sale of a legal translation firm, employees of TransPerfect protesting outside said they intend to push the First State to curb the Chancery Court’s power when appointing corporate custodians.

  • January 18, 2017

    Fed. Circ. Upholds Microsoft Win In Techie 'Cult Leader' Row

    The Federal Circuit on Wednesday upheld a win for Microsoft Corp. and AT&T Inc. in a patent lawsuit over teleconferencing technology that was brought by a New York inventor who gained notoriety as an alleged self-help "cult leader.”

  • January 18, 2017

    Fed. Circ. Affirms Toss Of Data Patent Suit Against Google

    The Federal Circuit on Wednesday declined to revive a patent infringement suit against Google Inc. and two of its subsidiaries regarding proprietary audio and video compression technology that had been dismissed by the lower court for lack of standing to enforce the patent.

Expert Analysis

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Substantive Consolidation Remains Alive And Well

    John G. Loughnane

    Two recent opinions in Lassman v. Cameron Construction and Spradlin v. Beads And Steeds Inns concerning the law of substantive consolidation serve as an important reminder of the significant equitable power that bankruptcy courts wield. That power affects the fate not only of debtors and their creditors but the rights and obligations of related parties and their creditors as well, says John Loughnane of Nutter McClennen & Fish LLP.

  • Defibrillator Decision Does Not Shock The Conscience

    Eric Alexander

    Bad cases make bad law, but egregiously overreaching cases can make good law. In Wallis v. Brainerd Baptist Church, decided recently by the Tennessee Supreme Court, a dead man's estate sued the seller of a defibrillator that was available but not used on the decedent during his heart attack. Imposing liability in such circumstances would be bad public policy, says Eric Alexander of Reed Smith LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.