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Appellate

  • November 19, 2018

    Trenk DiPasquale Wins Fees Bid, Must Defend Interest Rate

    A New Jersey state appeals court ruled Monday that Trenk DiPasquale Della Fera & Sodono PC was entitled to unpaid legal fees from a construction business for underlying litigation but not additional attorneys’ fees for the firm’s collection efforts, saying a trial court must re-examine the interest awarded on the outstanding bills.

  • November 19, 2018

    Patriots Fans Can't Revive Deflategate Suit Against NFL

    A suit brought by a proposed class of New England Patriots fans upset over the team losing a first round choice in the 2016 NFL draft over the so-called Deflategate saga was sacked Monday by the Massachusetts Appeals Court.

  • November 19, 2018

    Pa. Man Can't Get Attys’ Fees In Condo Rule-Change Case

    A Pittsburgh man was not entitled to recover attorneys’ fees and court costs from litigation against his homeowners association since they weren't "actual damages" or covered by the association's bylaws, the Commonwealth Court of Pennsylvania ruled on Friday.

  • November 16, 2018

    Med Mal Atty Must Face Suit Over Touting Win Online

    An attorney can't escape a suit accusing her of defaming a dentist after the Nevada Supreme Court held that a state free speech law does not shield an online statement highlighting a trial win, which allegedly implied the dentist was partly liable for a $3.4 million malpractice verdict.

  • November 16, 2018

    Insurer Must Cover $1M Of Car Crash Awards, Court Affirms

    Mount Vernon Fire Insurance Co. must cover a $1 million share of $1.8 million in awards that a car crash victim won against its policyholder, a Connecticut appellate court affirmed Friday, rejecting the insurance company's argument that it has no obligation to pay under its umbrella policy because the insured had insufficient primary coverage.

  • November 16, 2018

    Madoff Trustee Asks 2nd Circ. To Back Foreign Clawback Bids

    The trustee for Bernie Madoff’s fraudulent investment firm asked the Second Circuit on Friday to allow him to claw back Ponzi scheme proceeds transferred from foreign Madoff feeder funds, saying the efforts are a domestic application of U.S. law even if the money was sent overseas.

  • November 16, 2018

    Fla. High Court Gets 'Like' From Attys On Facebook Decision

    The Florida Supreme Court's ruling Thursday that the mere existence of a Facebook friendship between a judge and litigator is not grounds for disqualification drew a “like" from attorneys who applauded the court for a narrow ruling that acknowledges the realities of social media relationships.

  • November 16, 2018

    Texas Justices Will Hear Pollution Control Tax Break Fight

    The Texas Supreme Court said Friday it would hear a case on whether an electric cooperative that operates heat recovery steam generators in power plants can qualify for a property tax exemption for pollution control, after an appeals court affirmed a state agency’s denial of the credit.

  • November 16, 2018

    10th Circ. Sides With Wheat Farmers Over USDA Insurance

    The Tenth Circuit sided with a group of Colorado wheat farmers Friday in their lawsuit against the U.S. Department of Agriculture and the Federal Crop Insurance Corp. over calculations that the farmers said limited their ability to insure against losses.

  • November 16, 2018

    Texas Justices Rule First-Refusal Claim Not Time-Barred

    The Texas Supreme Court on Friday said the holders of a right of first refusal on mineral rights could not have discovered a sale had taken place without being notified, allowing the holders' suit to be filed after the usual four-year window.

  • November 16, 2018

    5th Circ. Nixes Daewoo Bid To Revise Shipment Row Question

    The Fifth Circuit has declined a bid by Posco Daewoo Corp. to rephrase a question the appeals court panel put to Louisiana's highest court, despite the Korean trading giant's arguments that the question as stated would not help determine whether it could seize an iron shipment as security for a future arbitration award.

  • November 16, 2018

    Ky. Supreme Court Strikes Down Med Mal Review Panels

    In a blow to Kentucky’s tort reform efforts, the state’s highest court has ruled that a 2017 state law requiring medical malpractice claims to be first reviewed by expert advisory panels is unconstitutional because it delays a citizen’s access to the courts.

  • November 16, 2018

    Fla. High Court Nominee Process Can Continue, Justices Say

    The Florida Supreme Court ruled Friday that the state's Judicial Nominating Commission, which is screening candidates for three soon-to-open seats on the high court, can continue with the process and does not have to wait until January to send names to the incoming governor.

  • November 16, 2018

    EPA Board Rebuffs Review For Gas Plants On Native Land

    The U.S. Environmental Protection Agency’s Environmental Appeals Board on Thursday rejected an environmental group’s challenge to agency permits for gas compression facilities on a tribal reservation in Utah, saying the agency was not required to conduct an air quality review before issuing the permits.

  • November 16, 2018

    Pa. Court Rejects Bid For Occupational Illness Time-Bar Reset

    A Pennsylvania appeals court ruled on Friday that a landmark ruling greenlighting tort claims over occupational diseases with long latency periods, which would otherwise be resolved under the workers' compensation system, did not open a new window for lawsuits over years-old diagnoses and deaths.

  • November 16, 2018

    Texas Justices To Weigh Viability Of Negligent Hiring Claim

    The Texas Supreme Court granted review Friday to Endeavor Energy Resources in a dispute that asks the court to determine whether rules limiting a property owner's liability for contractors' injuries can extend to a negligent-hiring claim over a contract employee's death at a drill site.

  • November 16, 2018

    Wine Co. Shareholder Can't Avoid $29M Bill, 11th Circ. Told

    An American investor in a Chilean wine company has urged the Eleventh Circuit to affirm a lower court’s decision ordering a controlling shareholder of the venture to cough up $28.7 million, accusing him of playing a “cat-and-mouse game” to avoid paying what he owes.

  • November 16, 2018

    Split Fed. Circ. Won't Revive Amazon Challenge To Security IP

    A split Federal Circuit panel on Friday affirmed a Patent Trial and Appeal Board decision that Amazon failed to establish that the asserted claims of a patent covering a computer security system are invalid.

  • November 16, 2018

    Ion PTAB Wins Can't Kill $93M Jury Award, Fed. Circ. Hears

    Ion Geophysical Corp. can't escape a $93.4 million lost-profits jury award over technology used for oil exploration beneath the ocean floor even though several of rival firm Schlumberger Ltd.'s related patent claims were struck down, Schlumberger told a Federal Circuit panel Friday.

  • November 16, 2018

    Texas Supreme Court Revives Patient's Suit Over Paralysis

    The Texas Supreme Court on Friday restored a patient’s malpractice claim against a Beaumont hospital, finding the former patient’s expert medical report supported her allegation that the hospital’s nurses contributed to her paralysis.

Expert Analysis

  • Don't Overreact To Fed. Circ. Design Patent Ruling

    Mark Vogelbacker

    Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.

  • Perspectives

    Class Cy Pres Settlements Are A Troubling Practice

    Mary Massaron

    Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Florida Supreme Court Says Frye Is 'Still The One'

    Avery Dial

    In DeLisle v. Crane Co., the Florida Supreme Court recently declared that the Daubert amendment to the Florida Evidence Code infringed on the court's rule-making authority. The court thus signaled that its continued embrace of the Frye standard is thoughtful rather than antiquated, says Avery Dial of Kaufman Dolowich & Voluck LLP.

  • 5th Circ. Takes A Broad View Of Vessel 'Operators'

    Andrew Stakelum

    In its recent ruling in United States v. Nature’s Way Marine, the Fifth Circuit may have expanded the class of marine parties potentially liable under the Oil Pollution Act, says Andrew Stakelum of King & Spalding LLP.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Opinion

    9th Circ. Shouldn't Have Halted Rescission Of DACA

    Steven Gordon

    Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    What The 2nd Circ. Missed In Religious Trademark Case

    Paul Tarr

    The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.