Appellate

  • April 19, 2018

    Justices May Add Muscle To Wash. Tribes' Treaty Rights

    The U.S. Supreme Court seemed to be leaning toward requiring the state of Washington to protect several tribes’ treaty fishing rights during oral arguments Wednesday, and experts say the question of whether the court limits its decision to culverts blocking the tribes’ salmon or makes a broad rule for projects with environmental impacts on tribal rights could have major implications for Indian Country.

  • April 19, 2018

    Gun Website Must Face Wis. Suit Over Mass Shooting Death

    A Wisconsin appeals court ruled Thursday that online gun marketplace Armslist LLC must face a suit over a woman's death in a 2012 mass shooting, saying the company was improperly granted immunity under a federal law shielding website operators that publish third-party content.

  • April 19, 2018

    NCAA Says 'Spiritual Coercion' Case Backs Wage Suit Denial

    The NCAA on Wednesday urged the Ninth Circuit to look at a recent decision denying a wage suit over a televangelist whose followers were allegedly coerced into volunteering for his church’s for-profit restaurant, citing it as further reason not to revive a proposed wage-and-hour class action by a former University of Southern California football player.

  • April 19, 2018

    7th Circ. Urged To Revive Deutsche Bank Tax Shelter Suit

    A former client of Deutsche Bank AG asked the Seventh Circuit on Thursday to revive his years-old lawsuit accusing the bank and other financial advisers of breaching their fiduciary duties by advising him to set up an illegal tax shelter, saying the lower court incorrectly found he was not actively litigating his case during a 16-month gap in docket activity.

  • April 19, 2018

    Fed. Circ. Says Droplets Patent Not Unfairly Nixed By PTAB

    The Federal Circuit on Thursday invalidated a patent covering technology related to interactive computer links, upholding a Patent Trial and Appeal Board decision the owner of the patent, Droplets Inc., argued was based on a "hypertechnical violation."

  • April 19, 2018

    Wells Fargo Asks 8th Circ. To Salvage Foreign Tax Credits

    Wells Fargo appealed the loss of foreign tax credits in a lawsuit over a securities transaction worth more than $1.25 billion, telling the Eighth Circuit Wednesday that a Minnesota federal court had wrongly allowed a jury to decide its transaction was a sham.

  • April 19, 2018

    NJ Panel Revives Claims Against Cos. In Turnpike Death Suit

    A New Jersey appeals court on Thursday revived claims in a wrongful death suit over a fatal accident during a New Jersey Turnpike resurfacing project amid a dispute over the role of an engineer at the time and whether negligence claims can be asserted against two contractors.

  • April 19, 2018

    Fed. Circ. Says Patent Suit Wasn’t Unfairly Put On Ice

    The Federal Circuit on Thursday revived a patent lawsuit that John Bean Technologies Corp. brought against a rival maker of poultry chilling machines, reversing a lower court ruling that found the company misled its competitor by waiting more than a decade to sue.

  • April 19, 2018

    Groups Draw Battle Lines In Travel Ban High Court Case

    Battle lines have been drawn in the months leading up to Wednesday's oral arguments before the U.S. Supreme Court in a challenge to the latest iteration of President Donald Trump's travel ban, attracting 72 interest groups from across the political spectrum. Here, we examine briefs that exemplify each side of the debate.

  • April 19, 2018

    'Inherent Risks' Caused Skier's Injury, Not Resort Negligence

    The Pennsylvania Superior Court on Thursday upheld the dismissal of a suit alleging a ski resort’s negligence caused a skier to break his leg after he fell over trenches created by a resort vehicle, finding the ruts it made in the terrain were simply an “inherent risk” of downhill skiing.

  • April 19, 2018

    PTAB Nix Of Crib Patent Claims Reversed By Fed. Circ.

    The Federal Circuit on Thursday reversed two Patent Trial and Appeal Board decisions that invalidated claims in a Wonderland patent for a crib, ruling that the board had erred in its interpretation of two of the shortest words in the English language: “a” and “an.”

  • April 19, 2018

    Ill. Panel Finds $10M Chemical Settlement Was Rushed

    A copper factory owner accused, along with other companies, of dumping hazardous chemicals into a landfill and nearby manufacturing site got part of a $10 million settlement with local residents vacated on Wednesday, with an Illinois appeals court finding that the lawyers for the residents and co-defendants had rushed certain parts of the settlement process.

  • April 19, 2018

    Proskauer Tells 5th Circ. It's Immune From $1.5B Stanford Suit

    Proskauer Rose LLP on Thursday told the Fifth Circuit that a Texas federal judge wrongly denied its bid to end a $1.5 billion suit brought by the receiver for the R. Allen Stanford Ponzi scheme, as the firm argues the attorney immunity doctrine should protect it from an upcoming trial.

  • April 19, 2018

    Driller Gets Approval Of $14.3M Award In Trade Secrets Fight

    A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.

  • April 19, 2018

    Amneal Says Fed. Circ. Redo In Drug Patent Row Unnecessary

    Amneal Pharmaceuticals urged the Federal Circuit on Wednesday to deny Merck & Co.'s request for reconsideration, or full rehearing, of a panel's decision affirming that a generic nasal spray Amneal sells doesn't infringe one of Merck's patents, contesting the theory that the ruling was based on analysis of the wrong drug sample.

  • April 19, 2018

    Ariz. Court Resolves Firms' Row Over Med Mal Settlement

    An Arizona appeals court on Thursday awarded the bulk of a 33 percent contingency fee from a $500,000 medical malpractice settlement to the firm that originally took the case and spent two years developing it, saying the firm that brokered the deal was unjustly enriched by the original firm's work.

  • April 19, 2018

    Feds Fight For Cap On Paralyzed Native Alaskan's Award

    The federal government refused to concede the $3.25 million in noneconomic damages awarded to the family of a woman incapacitated by a stroke after she was treated at a federally run clinic for native Alaskans, urging the Ninth Circuit on Wednesday to apply the state’s $400,000 limit on such awards.

  • April 19, 2018

    Allergan, Tribe Fight PTAB's Immunity Denial At Fed. Circ.

    The Patent Trial and Appeal Board went against decades of U.S. Supreme Court precedent when it found that the St. Regis Mohawk Tribe isn’t immune to inter partes reviews, the tribe and Allergan Inc. told the Federal Circuit on Wednesday in a closely watched case over dry eye medication patents.

  • April 19, 2018

    Marathon Settles ERISA Suit Over $88M In 'Risky' Investments

    Marathon Petroleum Corp.’s retirement plan has opted to settle a proposed class action over its decision to invest $88 million in company stock rather than face the possibility of the Sixth Circuit reviving the suit, which accuses the oil and gas company of playing fast and loose with retirees’ savings.

  • April 19, 2018

    Dallas TV Producer Can Keep $2.5M Win Over Tossed Tapes

    The producer behind syndicated television shows including “Cheaters” and “Stag: A Test of Love” can keep a more than $2.5 million judgment against his former landlord that had thrown away master tapes for several shows, a Texas appellate court held Wednesday.

Expert Analysis

  • 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.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • A Road Map For Protecting Secured Lender Interests Post-Liu

    Andrew Narod

    After the D.C. Court of Appeals' recent decision in Andrea Liu v. U.S. Bank, secured lenders may find themselves fighting for the validity of their security interests as a result of condo association foreclosures. However, the court has provided some guidance that should give secured lenders some solace, say attorneys with Bradley Arant Boult Cummings LLP.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.