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Appellate

  • May 22, 2019

    Foster Wheeler On Hook For $2.25M Asbestos Award

    A Louisiana appellate panel on Wednesday upheld a $2.25 million award in a suit accusing engineering firm Foster Wheeler and others of subjecting a woman to secondhand asbestos exposure that caused her cancer, saying the verdict was supported by the evidence.

  • May 22, 2019

    Insurer Can't Revive Defective-Lamp Suit Against Amazon

    The Fourth Circuit on Wednesday found Amazon isn't liable for selling a lamp that allegedly started a house fire, saying the online marketplace never owned the lamp and therefore can't be sued by Erie Insurance Co. under Maryland product liability law.

  • May 22, 2019

    9th Circ. To Rehear Nev. ERISA Labor Debt Suit

    The Ninth Circuit said Tuesday that an en banc panel will reconsider the court's ruling that the Employee Retirement Income Security Act doesn't preempt a Nevada state law limiting the liability of certain construction contractors for labor debts incurred by subcontractors.

  • May 22, 2019

    Boston Police Officers Seek Class Cert. In Test Bias Suit

    A group of more than two dozen Boston police officers are seeking class certification for the remedy stage of a case in which a Massachusetts federal judge ruled that a test for cops seeking a promotion violated anti-discrimination laws.

  • May 22, 2019

    Dems Warn Of Judicial Overreach As ACA Arguments Loom

    A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

  • May 22, 2019

    US Tells Justices Immunity Case Turns On Tribal Law Change

    The solicitor general has told the U.S. Supreme Court that Alabama's top court wrongly allowed a drunken driving-related suit to proceed against a tribal casino, but said the court should wait to see if the tribe waives its sovereign immunity to tort suits before deciding whether to hear its case.

  • May 22, 2019

    2nd Circ. Revives Sudan Refugees' Case Against BNP Paribas

    A Second Circuit panel revived a proposed class action against BNP Paribas by nearly two dozen Sudanese refugees who say the French banking giant helped to finance atrocities committed against them by the Sudanese government, ruling Wednesday that a legal doctrine against second-guessing foreign state actions isn't an obstacle to the case.

  • May 22, 2019

    Split Texas Panel Gives OK To TCEQ Injection Well Approval

    A split Texas appeals court on Wednesday upheld a state environmental regulator’s approval of an industrial waste disposal facility despite concerns raised late in the process by Texas energy regulators about the project's impact on nearby oil and gas deposits.

  • May 22, 2019

    6th Circ. Affirms IRS Insurance Tax Shelter Reporting Rules

    A Sixth Circuit panel affirmed a court order Wednesday dismissing a challenge to Internal Revenue Service guidance that branded some small, in-house insurance companies as tax shelters and required them to be disclosed.

  • May 22, 2019

    4th Circ. OKs Time Warner Worker's Jury Win In Age Bias Suit

    A Fourth Circuit majority on Wednesday affirmed a fired Time Warner Cable worker's $335,000 jury win over the "croaks" from a dissenting member, saying the worker offered enough evidence that the company used her fudging a date on a form as an excuse for firing her because of her age.

  • May 22, 2019

    Split Fed. Circ. Faults PTAB Ax Of Sony DVD Patent

    The Federal Circuit ruled Wednesday that the Patent Trial and Appeal Board wrongly invalidated a now-expired Sony patent on DVDs that can store multiple language tracks, though one dissenting judge said the patent’s expiration should have barred Sony from appealing.

  • May 22, 2019

    Dems Object To 9th Circ. Pick Who Doesn't Live In Calif.

    Senate Democrats fumed in a hearing Wednesday over President Donald Trump naming a Washington, D.C., attorney who has California ties but hasn't lived in the state for years to the Ninth Circuit, saying the move underscores the abandonment of courtesy to home state senators in judicial nominations.

  • May 22, 2019

    Ga. Court Revives Doc-Turned-Atty's Suit Against Ex-Firm

    A Georgia appeals court on Wednesday revived a suit accusing a personal injury law firm of failing to properly compensate an associate, who was also a former medical doctor, for the work he did on three settled cases, saying it should be up to a jury to decide whether he deserves the money.

  • May 22, 2019

    Priceline Didn't Infringe IBM Patent, Split Fed. Circ. Affirms

    Priceline, Kayak and OpenTable didn’t infringe an IBM digital advertising patent, a divided Federal Circuit panel said on Wednesday, upholding a Delaware district court’s ruling.

  • May 22, 2019

    9th Circ. Nominee Breaks With Pack, Endorses Brown Ruling

    A White House pick for the Ninth Circuit on Wednesday broke from the script repeatedly used by many of President Donald Trump's court nominees and endorsed the Supreme Court's Brown v. Board of Education decision, telling the Senate Judiciary Committee he can discuss the ruling because it doesn't face judicial review.

  • May 22, 2019

    'Smarmy' Behavior Not Exactly Fraud, Fed. Circ. Judge Says

    A Federal Circuit judge laid into attorneys Wednesday as she heard arguments in a patent fraud case, saying at one point that even though she was unsure alleged omissions in a patent application rose to the level of fraud, she had grounded her children for omitting less.

  • May 22, 2019

    2nd Circ. Wary Of Effect Of OK'ing NYT's Pension Exit Math

    A Second Circuit panel on Wednesday noted the potential fallout if it blessed The New York Times' method of calculating the cost of exiting its pension plan in a lawsuit against the newspaper's delivery workers pension fund, noting the paper is essentially arguing that hundreds of companies are calculating pension exit fees unlawfully.

  • May 22, 2019

    7th Circ. Mulls Revival Of Seyfarth RICO Suit

    The Seventh Circuit questioned Wednesday whether an insurance executive had shown a pattern of misconduct and deception of multiple victims that would warrant revival of his racketeering allegations against Seyfarth Shaw LLP and two banks over tax shelter advice.

  • May 22, 2019

    Unqualified Expert Witness Sinks NJ Med Mal Suit

    A New Jersey appeals panel refused Wednesday to revive a medical malpractice suit accusing a doctor of botching a cardiac procedure, ruling that an expert witness wasn’t qualified because his credentials didn’t match those of the doctor being sued.

  • May 22, 2019

    Fed. Circ. OKs Rejection Of Patent App. For Gas Pump Ad Mat

    The U.S. Patent and Trademark Office was right to reject an application for a patent on a gas pump advertising mat, the Federal Circuit said Wednesday, finding the invention was obvious.

Expert Analysis

  • Why Controversy Surrounds Extension Of IRS Pilot Program

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    The IRS Office of Appeals recently announced a one-year extension of its appeals process pilot program — unwelcome news to many taxpayers who say the program undermines the office's independence, say Jason Dimopoulos and Tom Linguanti at Morgan Lewis.

  • High Court Bankruptcy IP Case May Spur Rejection Litigation

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    In its Mission Product Holdings v. Tempnology decision this week, the U.S. Supreme Court delivered a significant win for trademark licensees, while potentially leaving a larger gray area as to what other contractual rights of nondebtor parties may survive rejection under the Bankruptcy Code, say Laura Davis Jones and Jonathan Kim of Pachulski Stang.

  • High Court Hyatt Decision Fortifies Tribal Sovereignty

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    The U.S. Supreme Court's reflections on state sovereign immunity in Franchise Tax Board of California v. Hyatt bode well for tribes, because the court's emphasis on the founders' vision of sovereign immunity should extend to tribal sovereignty as well, says Jennifer Weddle of Greenberg Traurig.

  • Distressed Cannabis Companies See Hope In 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Garvin v. Cook Investments offers a possible interim solution to the vexing question of whether a debtor that has engaged in, or derived income from, a state-legal marijuana business can reap the benefits of the Bankruptcy Code, says Keith Owens of Venable.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • 2 Key 10th Circ. Holdings In Western Union Derivative Suit

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    The Tenth Circuit’s recent opinion in City of Cambridge Retirement System v. Ersek — concerning shareholders’ allegations against officers and directors of Western Union — was a little-noticed decision, but it has broad implications for shareholder derivative actions, say Chris McCall and Luke Ritchie of Moye White.

  • Revisiting When — And When Not — To Seek Appraisal

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    After a string of recent Delaware Supreme Court decisions, it appears that seeking a court's independent appraisal of a deal price may be relevant only in the context of certain limited factual scenarios, say Michael Maimone and Joseph Schoell of Drinker Biddle.

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

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    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • The Looming Constitutional Impact Of A Naughty Trademark

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    The U.S. Supreme Court's upcoming ruling on the "scandalous" trademark in Iancu v. Brunetti bears the potential to microscope a smorgasbord of First Amendment principles with significance well beyond the intellectual property sphere, says Ben Clark of Bryan Cave.