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Appellate

  • July 19, 2018

    Trucking Co. Cannot Force Arbitration, High Court Told

    Truck driver Dominic Oliveira urged the U.S. Supreme Court on Wednesday to reject New Prime Inc.’s bid to have the justices compel arbitration in his class action alleging the trucking company failed to pay independent contractor truck-driver apprentices a proper minimum wage, insisting the Federal Arbitration Act doesn’t apply here.

  • July 19, 2018

    Ruling OK'ing Philly Soda Tax Tees Up Legislative Fight

    The Pennsylvania Supreme Court’s decision on Wednesday upholding the city of Philadelphia’s controversial tax on sweetened beverages is likely to put renewed pressure on lawmakers to enact legislation that would specifically preempt such levies across the state.

  • July 19, 2018

    Mass. Court Revives Boston Teacher Race Discrimination Suit

    A Massachusetts Appeals Court on Thursday revived a discrimination suit brought by a former Boston Public Schools teacher of Jamaican descent, saying the teacher had cleared the state's relatively low bar in showing that racial bias may have played a role in her dismissal.

  • July 19, 2018

    5th Circ. Won’t Revive Bias Suit Against Oil Well Co.

    The Fifth Circuit ruled Thursday that a former machine shop supervisor for National Oilwell Varco LLP could not show he was demoted because of his nationality, affirming a summary judgment in favor of the oil company.

  • July 19, 2018

    5th Circ. Kills Trademark Suit Over 'Cowboy' Bourbon

    The Fifth Circuit on Wednesday refused to revive a failed trademark case that aimed to block a Texas distillery named Garrison Brothers from using "cowboy" on bourbon bottles, ruling the name abandoned.

  • July 19, 2018

    High-Low Deal Blocks Fees In Med Mal Row, NJ Justices Say

    A widow cannot seek attorneys' fees in a New Jersey medical malpractice action under the so-called offer-of-judgment rule because she did not explicitly preserve that claim when the parties agreed to a maximum judgment of $1 million regardless of a jury's award, the state Supreme Court ruled Thursday.

  • July 19, 2018

    Dismissal After Theft Of Atty's Files Too Harsh, Court Rules

    For the second time, a Florida state appeals court has revived a woman's personal injury case that was tossed by a trial judge because her attorney missed a number of pretrial deadlines, finding that outright dismissal was too harsh a sanction given the attorney's case files were stolen from her office "literally overnight."

  • July 19, 2018

    Texas Hospital Must Face Discrimination Suit, Panel Says

    A Texas appellate court on Thursday revived a lawsuit against a hospital in West Texas from a former employee alleging race, national origin and age discrimination and retaliation, holding a trial court was wrong to find the lawsuit was filed too late.

  • July 19, 2018

    2nd Circ. Won't Rehear Sikh Ritual Singer's Visa Bid

    The Second Circuit on Wednesday said it won't reconsider arguments from a New York-based Sikh religious organization that one of its ritual singers should have been approved for a visa.

  • July 19, 2018

    9th Circ. Wants Immigration Judge Taken Off Asylum Case

    The Ninth Circuit on Wednesday asked for an immigration judge to be dumped from the rehearing of an Ethiopian national's asylum bid, with one judge on the appellate court panel stating that the immigration judge appears to believe "her job is to deny asylum applications."

  • July 19, 2018

    BREAKING: GOP Sens. Kill Vote On Trump 9th Circ. Pick Ryan Bounds

    Republican leaders scuttled a planned Senate vote on President Donald Trump's choice of federal prosecutor Ryan Bounds for a Ninth Circuit judgeship Thursday rather than have the nominee fail to win confirmation.

  • July 18, 2018

    High Court Ruling Sees Chaotic Rollout In Immigration Courts

    Immigration judges nationwide have been inconsistent in implementing the U.S. Supreme Court’s recent ruling clarifying the way U.S. Immigration and Customs Enforcement should notify immigrants subject to deportation proceedings, with some dismissing and some preserving cases where the government fell short of the requirements.

  • July 18, 2018

    11th Circ. Draws Judge's Ire With En Banc Review Refusal

    The full Eleventh Circuit on Wednesday declined to hear whether a gay Clayton County, Georgia, government employee was discriminated against, prompting one of its judges to pen a blistering dissent that proclaimed her peers relied on “the precedential equivalent of an Edsel with a missing engine.”

  • July 18, 2018

    White House Defends Kavanaugh On Independent Counsel

    The White House is pushing back against criticism of U.S. Supreme Court nominee Brett Kavanaugh’s remarks at a conservative think tank two years ago, casting the D.C. Circuit judge’s comments on a decision about the now-defunct independent counsel law as no big deal.

  • July 18, 2018

    Fla. High Court Will Review Jury Fiasco In $3M Tobacco Case

    The Florida Supreme Court said Wednesday that it will review a decision ordering a new trial in a smoker’s case against tobacco companies that resulted in a $3 million award because the tobacco companies were unable to sufficiently question potential jurors.

  • July 18, 2018

    Hospital's Suit Over Doc's 'Tasteless' Video Promo Revived

    A Pennsylvania appeals court Wednesday revived part of a hospital's defamation suit over what it says is a tasteless promotional video pitching a staff plastic surgeon's proposed reality show about his adventures in vaginal reconstruction.

  • July 18, 2018

    Lehman Can Enforce Unsigned Deal In 'Close Case': 2nd Circ.

    In a “close case,” the Second Circuit on Wednesday rejected an effort by Shinhan Bank to slip an unsigned settlement it reached with Lehman Brothers Holdings Inc., saying some factors weighed against enforcing the deal but that the weight of the evidence cut in favor of Lehman’s position.

  • July 18, 2018

    9th Circ. Keeps Block On Trump's Transgender Military Ban

    The Ninth Circuit on Wednesday declined to stay an injunction against President Donald Trump’s policy barring many transgender individuals from military service, saying that it would upend, rather than uphold, the status quo.

  • July 18, 2018

    Judge Pulls 180 On Controversial LA Times Censorship Order

    The Los Angeles Times restored details to a story Tuesday after a California federal judge lifted an order blocking the publication of information from a police officer’s sealed corruption plea agreement that was accidentally made public on PACER.

  • July 18, 2018

    Calif. Court Revives Oil Drilling Royalties Settlement

    A California appeals court partially reversed a trial court and allowed a settlement that permitted the city of Whittier and a conservation authority to share royalties from an oil and gas development, deciding that it didn’t violate a proposition aimed at funding recreational projects.

Expert Analysis

  • DC Circ. Set A Higher Bar For Hydro License Renewal

    Walker Stanovsky

    On July 6, the D.C. Circuit torpedoed a hydroelectric license renewal issued in 2013 because the Federal Energy Regulatory Commission and the U.S. Fish and Wildlife Service did not consider environmental damage already caused by the project. In doing so, the court rejected FERC’s long-standing practice of using existing conditions and operations as an environmental baseline, say attorneys at Davis Wright Tremaine LLP.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Lorenzo V. SEC: Will High Court Further Curtail Rule 10b-5?

    Roger Cooper

    In Lorenzo v. U.S. Securities and Exchange Commission, the U.S. Supreme Court will consider whether a misstatement claim that does not meet the elements set forth in the court’s 2011 Janus decision can be repackaged and pursued as a fraudulent scheme claim under Rule 10b-5. A number of possible outcomes present themselves, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Why Louisiana Won't Benefit From Wayfair

    Andre Burvant

    South Dakota v. Wayfair Inc., has undoubtedly provided various states with an additional opportunity to require remote sellers to collect and remit sales tax. The Supreme Court’s decision in that case similarly leaves no doubt that Louisiana’s complex state and local sales tax systems are presently lacking those features that would prevent undue burdens upon interstate commerce, say Andre Burvant and Matt Mantle of Jones Walker LLP.

  • Praxair's New Twist On Subject Matter Ineligibility

    Paul Zagar

    Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.