Appellate

  • July 14, 2020

    EPA Moved Goal Posts As NY Sought To Limit Ozone: DC Circ.

    The U.S. Environmental Protection Agency improperly denied New York's request for stronger ozone emission controls in upwind states by "moving the finish line" and relying on faulty legal conclusions, the D.C. Circuit said Tuesday.

  • July 14, 2020

    Bosch Rips VW Dealers' 9th Circ. Bid To Save Lost Profits Suit

    Auto parts giant Bosch told the Ninth Circuit that it doesn't owe anything to franchised Volkswagen dealerships claiming they lost future profits from vehicle inventories that were obliterated by the Volkswagen emissions-cheating scandal that Bosch purportedly helped mastermind.

  • July 14, 2020

    Ariz. Nursing Home Must Face Trial In Patient Death Suit

    An Arizona appellate panel revived a suit accusing a nursing home of causing a patient's fall and subsequent hip fracture that led to death, saying Tuesday it should be up to a jury to decide whether the patient's widow's claims are timely.

  • July 14, 2020

    Mesh Case Judge Tainted By His Mom's J&J Suit, Court Told

    A Philadelphia judge's failure to step aside from a pelvic mesh injury trial against Johnson & Johnson because of his mother's own lawsuit against the company cast an improper shadow over the $41 million verdict in the case, a state appeals court heard during oral arguments Tuesday.

  • July 14, 2020

    DC Circ. Pushed To Halt Dakota Access Shutdown Order

    The Trump administration on Monday urged the D.C. Circuit to pause a lower court order forcing the Dakota Access pipeline to shut down while it reviews the decision, saying a closure would irreparably harm the U.S. oil and gas industry and energy consumers.

  • July 14, 2020

    NJ Delivery Drivers Must Arbitrate Despite Federal Exemption

    The New Jersey Supreme Court on Tuesday said delivery drivers cannot pursue proposed class actions against transportation companies and instead must arbitrate their claims on an individual basis in light of the New Jersey Arbitration Act, even if the workers are exempt from arbitration under the Federal Arbitration Act.

  • July 14, 2020

    Mass. Justices Take Up Challenge To Virus Shutdown Orders

    The Massachusetts Supreme Judicial Court has agreed to hear a challenge to Gov. Charlie Baker's numerous orders closing businesses during the COVID-19 pandemic, citing the need to tackle issues that have spawned multiple cases at the state and federal level.

  • July 14, 2020

    9th Circ. Told Wash. Port's Tax Claim Against Rail Co. Bogus

    A Washington state-based port improperly threatened a $1 million tax assessment against a rail company in a dispute over a breach of a maintenance contract, the company told the Ninth Circuit, urging it to reverse a lower court's dismissal.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    'Grim Reaper' Atty Blasts Fla. Gov.'s Virus 'Inaction' In Appeal

    A Florida attorney who has made waves appearing as the Grim Reaper across the state during the COVID-19 pandemic blasted Gov. Ron DeSantis for his inaction as he urged a state appeals court to revive his case asking the courts to impose beach closures and a statewide stay-at-home order.

  • July 13, 2020

    Full Fed. Circ. Won't Rehear Diffuser Patent Case

    The full Federal Circuit on Monday declined to rehear a company's petition asking whether the Patent Trial and Appeal Board wrongly refused to properly consider a U.S. Patent and Trademark Office examiner's potentially conflicting statements on a patent in a case related to the one at hand.

  • July 13, 2020

    Mass. Voters Turn To Top Court To Get Ballot Forms Sent

    Seven Massachusetts residents and two voting rights groups sued Secretary of the Commonwealth William Galvin on Monday to force his office to comply with a new law requiring the secretary to send mail-in ballot applications to all registered voters in the state.

  • July 13, 2020

    Pot Tracking Service Says It Can Charge Mo. Stores Fees

    Cannabis track-and-trace company Metrc LLC has asked a Missouri appellate court to overturn a trial judge's decision saying it does not have the right to charge businesses "tag fees" for its services to state medical marijuana shops.

  • July 13, 2020

    Judge Who Handled NY Case Against Trump Charity Promoted

    Four New York City judges including Saliann Scarpulla, who handled the New York attorney general's accusations of self-dealing against President Donald Trump's charitable foundation, have been appointed to the appellate bench, Gov. Andrew Cuomo said Monday.

  • July 13, 2020

    'Unfounded Attacks' On Opioid Judge Must Fail, 6th Circ. Told

    CVS Pharmacy Inc., Walgreen Co. and other national pharmacy chains are making phony bias allegations against the Ohio federal judge overseeing multidistrict opioid litigation because they're upset about having lost several legal arguments, local governments have told the Sixth Circuit.

  • July 13, 2020

    7th Circ. Won't Overturn Exec's Win In $1.5M Merger Loan Suit

    The Seventh Circuit held Friday that the owner of a chemical importer doesn't have to repay a $1.5 million loan he took out in connection with a merger, upholding a finding the obligation ended when the merger was unraveled.

  • July 13, 2020

    2nd Circ. Says Justices Need To Settle Grant Funding Dispute

    Second Circuit judges said Monday that the U.S. Supreme Court needs to decide whether the Justice Department can place immigration enforcement conditions on federal grant funding to states, after denying a request for a full-court rehearing on the issue.

  • July 13, 2020

    Fed. Circ. Won't Revive Power Analytics' Antitrust Suit

    The Federal Circuit on Monday affirmed the dismissal of Power Analytics' antitrust lawsuit over power grid software, noting that a California federal judge gave the company multiple chances to fix its deficiencies "with the patience of a first grader's piano teacher."

  • July 13, 2020

    3rd Circ. Mulling FTC-AbbVie Pause Till High Court Acts

    The Third Circuit may need to pump the brakes on the Federal Trade Commission's antitrust spat with AbbVie following a U.S. Supreme Court decision to review the agency's authority to order financial restitution, the Philadelphia appeals court said.

  • July 13, 2020

    Cruise Line Urges Arbitration Bid Review In Crew Injury Suit

    Seven Seas Cruises has urged the Eleventh Circuit to order a Florida district court to reconsider whether arbitration is required in a former crew member's injury suit, arguing that the appeals court can review this key determination in an otherwise unreviewable order to send the case back to state court.

  • July 13, 2020

    Feds Look To Overturn Water Rule Injunction At 10th Circ.

    A Colorado court misinterpreted a key U.S. Supreme Court decision and overstated the negative effects of a Trump administration's rule narrowing the scope of the Clean Water Act when the court enjoined the rule, the federal government has told the Tenth Circuit.

  • July 13, 2020

    6th Circ. Won't Overturn Pill Mill Operator's Conviction

    The Sixth Circuit on Friday upheld the conviction of a Michigan man for running an opioid pill mill, saying a jury instruction did not wrongly lead jurors to think that the standard required by "reasonable doubt" was lower than it actually is.

  • July 13, 2020

    Calif. Appeals Court OKs Decision In Wyndham Inn Fall Suit

    A California appellate panel has affirmed a decision that partly reversed a jury verdict and favored a Wyndham franchise operator in a family's suit over a boy's injury when he fell from a second-story window, saying the hotel didn't negligently inflict emotional distress.

  • July 13, 2020

    2nd Circ. Revives NewLink Investor Suit Over Cancer Drug

    The Second Circuit on Monday revived a proposed class action that accuses NewLink Genetics Corp. executives of making misrepresentations while touting the biopharma company's pancreatic cancer treatment.

Expert Analysis

  • HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

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    A new rule from the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services scaling back nondiscrimination regulations raises compliance questions for health providers, especially in light of the U.S. Supreme Court's recent broad interpretation of "on the basis of sex," say attorneys at Reed Smith.

  • Booking.com Ruling May Help Generic Hashtag Mark Owners

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    If brand owners can show that consumers perceive a generic term combined with a hashtag as source-identifying, the U.S. Supreme Court's recent Booking.com decision — that "generic.com" marks are not automatically unregistrable as trademarks — may just give refused hashtag marks new life, say Paul Thomas and Patricia Cotton at Pillsbury.

  • Employer Considerations After Justices' LGBTQ Rights Ruling

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    In light of the U.S. Supreme Court’s recent ruling that Title VII protects LGBTQ workers in Bostock v. Clayton County, companies should review employment policies for compliance, update diversity and inclusion mission statements, and consider several questions about the opinion’s potential reach, say attorneys at Blank Rome.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Unpacking The Supreme Court's Praise For The TCPA

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    The U.S. Supreme Court's decision in Barr v. American Association of Political Consultants strengthens the Telephone Consumer Protection Act as one of the most vexing and frequently deployed privacy statutes in the U.S., and paints the TCPA in a favorable light, say Ezra Church and Terese Schireson at Morgan Lewis.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Pa. Jurisdiction Ruling's Takeaways For Out-Of-State Cos.

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    The Pennsylvania Superior Court's recent decision in Murray v. American LaFrance provides litigants with no clarity on whether a foreign corporation's registration in the commonwealth subjects it to personal jurisdiction there for all matters, but explores an interesting wrinkle in Pennsylvania waiver law, say attorneys at Greenberg Traurig.

  • Key COVID-19 Accessibility Issues As ADA Turns 30

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    Shira Blank and Joshua Stein at Epstein Becker examine pandemic-related accessibility challenges businesses should consider when balancing Americans with Disabilities Act Title III compliance against employee and patron safety as the statute's 30th anniversary approaches.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Future Fraud Defendants Can Overcome 2nd Circ. FIFA Ruling

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    Although the recent Second Circuit decision in U.S. v. Napout — upholding fraud convictions of FIFA officials — expansively applied U.S. law to attenuated foreign conduct, it leaves room for future courts to reach a different outcome in similar cases, say Ashwin Ram and Brittany Prelogar at Steptoe & Johnson.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • New Pharma Co. Defenses For 'Innovator Liability' Claims

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    Under the so-called innovator liability theory, a handful of states have permitted plaintiffs who took generic medication to sue the manufacturer of the branded form of the drug — but pharmaceutical companies have recently had success fighting such claims with three key strategies, say attorneys at Winston & Strawn.

  • Possibilities If Justices Review PTAB Judge Constitutionality

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    Should the U.S. Supreme Court grant certiorari in a series of Federal Circuit cases concerning the constitutionality of Patent Trial and Appeal Board administrative patent judges, its decision could give losing owners the chance to have their ex parte and inter partes cases reheard, say Brent Babcock and Tyler Train at Womble Bond.

  • Maintaining Integrity In Legalized Betting Amid Pandemic

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    As states adopt sports wagering legislation and sports organizations potentially turn to legalized betting to offset pandemic-related losses, they should diligently protect the integrity of their contests by carefully assessing their gambling policies, say attorneys at Debevoise.

  • What Justices' Bias Ruling Means For Religious Employers

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    The U.S. Supreme Court’s ruling Wednesday in Our Lady of Guadalupe School v. Morrissey-Berru may bar many religious organization workers' discrimination claims, but documentation of their role in faith education will be key to defending challenged employment decisions, say Dylan Carp and Paul Patten at Jackson Lewis.

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