Appellate

  • November 28, 2020

    Former Ga. Supreme Court Chief Justice Dies Of COVID-19

    A former chief justice of the Georgia Supreme Court, a state jurist for more than three decades, died late Thanksgiving evening as a result of COVID-19, the court announced Friday.

  • November 25, 2020

    EU Court Must Rethink Ruling Canceling €1.4M Cartel Fine

    Europe's highest appeals court on Wednesday told a lower court to rethink key parts of its decision nixing a cartel fine against a food processing technology company.

  • November 25, 2020

    Trump Wants Giuliani To Take Center Stage At 3rd Circ.

    President Donald Trump's reelection campaign wants the Third Circuit to hear oral arguments on a bid to reverse President-Elect Joe Biden's win in Pennsylvania, and they want Rudy Giuliani to represent them despite his panned performance in the lower court and the fact that he's not certified for the Third Circuit.

  • November 25, 2020

    Fed. Circ. Backs PTAB Win For Twitter On Video Patent

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's invalidation of a VidStream social media patent, rejecting the patentee's argument that Twitter had not proven that the book that rendered the patent obvious was available to the public.

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    Calif. Judge DQ'd From Atty Fees Fight In Water Plan Dispute

    A California appeals court Tuesday ruled that a lower court judge should be disqualified from hearing a dispute over attorney fees after the Imperial Irrigation District fended off a challenge to its water distribution plan, ruling the district had the right to request a new judge after its initial loss in the case was overturned on appeal.

  • November 25, 2020

    2nd Circ. Revives Chinese Education Co. Investor Suit

    The Second Circuit revived a securities suit against China-based TAL Education Group on Wednesday after finding investors had sufficiently supported their claims that TAL secretly controlled two companies in which it had invested.

  • November 25, 2020

    NY Court Says Special Needs Patient's Injury Claims Barred

    In a case of first impression, a New York appellate court has ruled that a special needs teen allegedly injured by a hospital can't pursue certain claims, saying a state social services law protecting special needs patients doesn't allow for private lawsuits.

  • November 25, 2020

    High Court To Ring In 2021 With More Remote Oral Arguments

    The U.S. Supreme Court will hear oral arguments via phone in 2021 because of the coronavirus pandemic, with the High Court announcing Wednesday that the justices and counsel will continue to participate remotely in oral arguments scheduled for January.

  • November 25, 2020

    Appeals Court Says NJ Medical Pot Permit Scoring Is Flawed

    A New Jersey appellate panel said Wednesday there were serious problems with the way the state scored medical marijuana permit applications, sending the state's Department of Health back to reconsider applications submitted by rejected companies.

  • November 25, 2020

    Disability Groups Criticize Tweak To Fla. Bar Admission Rules

    Investigations into Florida Bar applicants' mental and substance abuse disorders must focus on whether any condition "may impair the ability to practice law," under rule changes approved Wednesday by the state's Supreme Court, but disability groups say the new language doesn't do enough to erase stigmas.

  • November 25, 2020

    US, Smith & Nephew Urge Justices To Overturn Arthrex

    The Federal Circuit misapplied clear U.S. Supreme Court precedent when finding that administrative patent judges weren't constitutionally appointed, the government and medical tech company Smith & Nephew said Wednesday in their opening salvos for the closely watched Arthrex case.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

    Coronavirus Q&A: Buchalter's Appellate Practice Chair

    In this edition of Coronavirus Q&A, Buchalter APC's new appellate practice chair Mary-Christine "M.C." Sungaila discusses the challenges of taking over a new appellate team while working remotely, how the COVID-19 pandemic has affected the 14 attorneys she's overseeing, and the firm's handling of virtual proceedings and adjustment to an uncertain future.

  • November 25, 2020

    Texas Tries Again To Undo $29M Verdict Over Highway Project

    Texas' government asked the state Supreme Court on Tuesday to review an appeals court's approval of a $29 million verdict for a developer who claimed that a highway project and related land condemnation tanked the value of the developer's residential project site, saying the ruling was incorrect.

  • November 25, 2020

    Manhattan DA Takes Manafort Case To NY's Highest Court

    Manhattan District Attorney Cyrus Vance is moving forward with appealing the dismissal of state fraud charges against former Trump campaign chairman Paul Manafort to New York's highest court, after two lower courts agreed the indictment should be dismissed on double jeopardy grounds.

  • November 25, 2020

    Bar Argues For In-Person Hearing Rights At Mass. Top Court

    The Boston Bar Association has urged the Massachusetts Supreme Judicial Court to hold an upcoming hearing in a criminal case in-person, arguing virtual hearings can cause unconstitutional disparities for low-income communities and people of color.

  • November 25, 2020

    2nd Circ. Affirms Tribal Land Win For Oneida Indian Nation

    The Second Circuit has affirmed a lower court's ruling in favor of the Oneida Indian Nation of central New York, agreeing that a member of the tribe unlawfully claimed 19.6 acres of land as a trust for himself and his family.

  • November 25, 2020

    Pa. Judge Halts Election Certification For Mail-In Vote Fight

    A Pennsylvania judge on Wednesday ordered the state to temporarily pause further action on certifying its 2020 election results until her court holds a hearing on a lawsuit seeking to declare all mail-in votes in the Keystone State unconstitutional, but the state immediately appealed.

  • November 25, 2020

    Michigan Reaches Deal With Tribe Over Casino Land Fight

    The state of Michigan and a Native American tribe have agreed to toss a Michigan federal court suit over a proposed casino on land bought with trust funds, saying the deal ends a decadelong court battle that threatened to go on for at least several more years.

  • November 24, 2020

    Union Pacific Must Face Suit Over Train Crossing Collision

    A Missouri appellate court on Tuesday revived a suit seeking to hold Union Pacific Railroad Co. liable for a train-car collision that caused a woman's permanent injuries, saying a factual dispute exists as to whether the train sounded its horn at a proper decibel level before approaching the crossing.

Expert Analysis

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 3 Fed. Circ. IP Cases For Gov't Contractors To Watch

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    Nathaniel Castellano at Arnold & Porter discusses recent oral arguments at the Federal Circuit in three cases — Boeing v. Secretary of the Air Force, Bitmanagement Software v. U.S. and Harmonia Holdings v. U.S. — and the broad implications the decisions will have on government contractors and agencies dealing in proprietary data and software.

  • 4th Circ. Ruling Shows Limits To ADA Accommodation Claims

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    The Fourth Circuit’s recent denial of an Americans with Disabilities Act claim in Elledge v. Lowe's instructs employers on how to analyze accommodation requests and illustrates when disabled employees may not be entitled to special priority for reassignment, says Phillip Kilgore at Ogletree.

  • Don't Fear IP-Antitrust 'Turducken' In Reverse-Payment Cases

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    Although some judges are apprehensive of a "turducken" analysis — a patent case stuffed inside a reverse-payment antitrust action — it is procedurally viable and may be a fair way to adjudicate the antitrust liability of generic companies settling Hatch-Waxman litigation, say attorneys at Katten.

  • Del. Solera D&O Decision May Have Limited Impact

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    While the Delaware Supreme Court's recent decision in Solera is a blow for companies in the state seeking protection for certain key appraisal proceedings, the ruling hinges on the insurers' narrow definition of a violation that will trigger directors and officers coverage for securities-related claims, making it unlikely that other jurisdictions will follow suit, say attorneys at Hunton.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • A Wage And Hour Compliance Reminder For Nonprofit Boards

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    As many nonprofits face budget shortfalls due to the pandemic, the one-year anniversary of the Massachusetts Supreme Judicial Court’s decision in Lynch v. Crawford reminds board-level volunteers that they could be found personally liable for wage violations, despite qualified immunity provided by federal and state law, say attorneys at Casner & Edwards.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • When A Product Liability Case Can't Survive Outside An MDL

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    Baca v. Johnson & Johnson, a recent pelvic mesh lawsuit brought in Arizona federal court, is a perfect example of how some product liability cases that might be accepted in a multidistrict litigation contain deficiencies that cannot withstand scrutiny when tried individually, says Rachel Weil at Reed Smith.

  • Uncertainty Around Border Phone Search Standard Continues

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    The U.S. Supreme Court's recent cert denial in Williams v. U.S. continues confusion on the level of suspicion required for border agent electronic device searches, so international travelers should take steps to protect their sensitive information, say Alexander Lawrence and Sara Stearns at MoFo.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

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    Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Remedial Measure Evidence Use In IP Cases Needs Clarity

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    A tension in federal district and circuit courts over whether Federal Rule of Evidence 407, which prohibits post-injury remediation evidence, applies in the intellectual property context creates great uncertainty that courts should resolve with a bright-line rule, say Sharad Bijanki and Patrick Muffo at Seyfarth.

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