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Appellate

  • March 19, 2019

    9th Circ. Picks Leaving Lucrative Partnerships For Bench

    President Donald Trump's choices for two Ninth Circuit vacancies are leaving lucrative partnerships at major law firms to join the appellate bench, according to financial disclosures released by the Senate Judiciary Committee.

  • March 19, 2019

    2nd Circ. Rejects Reed Smith's Appeal In $7M Fee Fight

    The Second Circuit ruled Tuesday a New York federal judge was right to shut down Reed Smith LLP's $6.75 million state court suit against Wohl & Fruchter over $27 million in class action fees, ruling the dispute should have been resolved when the district court evaluated the fee award.

  • March 19, 2019

    Justices Ponder FCA Ambiguities In Time Limit Case

    The U.S. Supreme Court grappled Tuesday with when the "government knowledge" statute of limitations should apply in False Claims Act cases, exploring context, clarity and congressional intent underlying what the litigants and some justices claimed was a badly written statute.

  • March 19, 2019

    6th Circ. Serves DOL Mixed Win In Sushi Spot OT Fight

    The Sixth Circuit has affirmed the U.S. Department of Labor’s win in a suit alleging that a sushi restaurant violated the Fair Labor Standards Act by stiffing workers on overtime, but shot down the agency’s bid for an award of double damages.

  • March 19, 2019

    1st Circ. Says Adjuster Acted Properly In Nursing Home Row

    The First Circuit on Monday affirmed that an insurance claims adjuster didn’t act in bad faith in its handling of a wrongful death suit against a nursing home that later yielded a $16 million verdict, holding a lower court didn’t err when it found the adjuster made several “reasonable and prompt” offers to settle the case.

  • March 19, 2019

    9th Circ. To Rethink Child Endangerment As Deportable Crime

    The full Ninth Circuit agreed Monday to rethink a split panel decision that left in place a deportation order against a Mexican citizen and longtime U.S. resident who was convicted of child endangerment in California for driving under the influence with his unbuckled, but unharmed, son in the car.

  • March 19, 2019

    Quinn Emanuel Partner Named Next Ambassador To Mexico

    Quinn Emanuel Urquhart & Sullivan LLP appellate partner Christopher Landau has been tapped to serve as the next ambassador to Mexico, the White House said in a statement on Monday.

  • March 19, 2019

    Justices Say Tribal Co. Doesn't Owe Wash. State Fuel Tax

    The U.S. Supreme Court on Tuesday upheld a Washington state court ruling that a Yakama Nation company does not have to pay a state fuel tax, saying the tribe's right to travel on public highways under its treaty makes the company exempt from the tax.

  • March 19, 2019

    Asbestos Injuries Covered By Maritime Law, Justices Say

    The U.S. Supreme Court found Tuesday that manufacturers are liable for injuries caused by parts with asbestos that were added later on to their products by third parties, affirming the special protections extended to sailors under maritime law.

  • March 19, 2019

    Justices Rule Some Immigrants Not Entitled To Bond Hearings

    The U.S. Supreme Court on Tuesday ruled that certain immigrants do not have a right to a bond hearing even if they were not immediately detained following their release from criminal custody.

  • March 18, 2019

    High Court Won't Hear Hawaii B&B's Lesbian Refusal Suit

    The U.S. Supreme Court on Monday refused to review a Honolulu bed-and-breakfast owner's challenge to a finding that she was not allowed to deny a room to a lesbian couple because of their sexual orientation.

  • March 18, 2019

    CFPB Defends Constitutionality Of Its Structure In 2nd Circ.

    The Consumer Financial Protection Bureau told the Second Circuit on Friday the Dodd-Frank Act provision protecting its director from being fired at will by the president isn't unconstitutional, and even if it were, there's a better, far less drastic solution than one advanced by a Manhattan federal judge last summer.

  • March 18, 2019

    Sanctions Sought Over Appeal In Synergy Pharma's Ch. 11

    A New York bankruptcy judge was asked on Friday to sanction a committee of equity holders and attorneys from Stevens & Lee PC involved in the Chapter 11 case for Synergy Pharmaceuticals Inc., saying the group has jeopardized the case by appealing matters it already agreed to support.

  • March 18, 2019

    Fed. Circ. Clarifies Sprint's $140M IP Win, But Won't Redo It

    The full Federal Circuit on Monday said it won't reconsider the court’s November panel decision to uphold a $140 million verdict against Time Warner Cable for infringing patents owned by Sprint Communications Co. LP, but the original panel did reissue its opinion to clarify its damages ruling.

  • March 18, 2019

    High Court Won't Review Insurer's Win In $21M Assault Award

    The U.S. Supreme Court on Monday declined to disturb a ruling from the Fifth Circuit that held Century Surety Co. doesn't have to cover a $21 million verdict against a pizza parlor owner who admitted he raped a woman.

  • March 18, 2019

    Salvation Army Can Use Title VII Exemption, 9th Circ. Says

    The Ninth Circuit affirmed Monday that the Salvation Army could defeat hostile work environment and retaliation claims by asserting a religious exemption to Title VII, but rejected the lower court’s finding that the defense could not have been waived or forfeited in the case.

  • March 18, 2019

    NJ Court Revives Challenge To Inmate Phone Charge Cap

    A New Jersey appellate court revived a challenge to a state law capping the amount companies can charge to provide prison call services, saying Monday that the lower court went too far when it blocked Securus Technologies from bringing its suit a second time.

  • March 18, 2019

    4th Circ. Won't Revive Ex-Va. State Prof's Pay Bias Suit

    The Fourth Circuit ruled Monday that a former Virginia State University professor can’t pursue wage discrimination claims against the school since her job duties and responsibilities were significantly different from those of the two male professors she said were paid more because of their gender.

  • March 18, 2019

    Sex Abuse Testimony Didn't Nix $4M Award, Minn. Court Says

    The estate of a Minneapolis businessman is on the hook for a $4 million jury award in a suit alleging he sexually abused his stepdaughter in the late 1970s, after a Minnesota appeals court ruled Monday that certain evidentiary violations did not result in an unfair trial.

  • March 18, 2019

    As Judicial Ranks Stagnate, 'Desperation' Hits The Bench

    Litigation’s languishing, judges are burned out and attorneys are avoiding federal courts. While filings have increased 38 percent since 1990, the bench has grown by only 4 percent, thanks to congressional gridlock. How is the legal system coping? (This article is part of a series on the lack of new judgeships in the federal judiciary).

Expert Analysis

  • The Post-Cyan­ Spike In State Securities Act Filings

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    One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

  • Justices Offer Practical Approach To Class Appeal Deadline

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    The U.S. Supreme Court's recent opinion in Nutraceutical v. Lambert held that Federal Rule of Civil Procedure 23(f)’s 14-day limit for class certification appeals is not subject to equitable tolling, presenting important lessons for both the winners and losers of class certification orders, say attorneys at Faegre Baker Daniels.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Taxpayers Benefit From Courts Declining Agency Deference

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    Taxpayers should be encouraged by the recent state and federal challenges to existing judiciary deference standards — including a case set for hearing at the U.S. Supreme Court this month, say Carley Roberts and Mike Le of Pillsbury Winthrop Shaw Pittman LLP.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Opinion

    Hikma V. Vanda Exaggerates Treatments' Patent Eligibility

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    Hikma's recent certiorari petition claims the Federal Circuit’s decision in Vanda v. West-Ward amounts to a free pass under Section 101 for method-of-treatment claims. But Vanda is a fact-specific ruling that attempts to find some middle ground in the U.S. Supreme Court’s Section 101 precedents, say Sasha Rao and Erin Gaddes of Maynard Cooper & Gale PC.

  • The Immodest Textualism Of Justices' Retirement Tax Opinion

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    The U.S. Supreme Court’s recent opinion in BNSF Railway v. Loos, resolving the meaning of “compensation” under the Railroad Retirement Tax Act, is unsatisfying, not because it is bad or wrong so much as it is analytically immodest, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • State Net

    Federal, State And Local Governments Vie For Control Of 5G

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    The next generation of wireless technology, 5G, could bring major advancements in everything from entertainment to public safety. But federal, state and local governments are at odds over how 5G should be deployed and who should regulate it, says Korey Clark of State Net Capitol Journal.

  • What To Expect After High Court's Unusual Pay Bias Ruling

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    Because a judge who participated in the Ninth Circuit's majority opinion in Rizo v. Yovino died, the U.S. Supreme Court did not examine the ruling's merits, returning employers to a state of uncertainty over the use of salary history as a basis to justify wage disparities between men and women, say attorneys with Fisher Phillips.

  • 3rd Circ. FDCPA Opinion A Rude Awakening For Debt Buyers

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    Federal courts may look to the Third Circuit's recent opinion in Barbato v. Greystone Alliance — which sidestepped the U.S. Supreme Court’s 2017 holding in Henson v. Santander Consumer — as the leading analysis of whether debt purchasers are subject to the Fair Debt Collection Practices Act, say Melanie Brody and Francis Doorley of Mayer Brown LLP.