Appellate

  • August 13, 2020

    BuzzFeed Loses 2nd Circ. Copyright Battle Over Photo Credit

    The Second Circuit ruled against BuzzFeed on Thursday in a copyright lawsuit over the unauthorized use of a photojournalist's image, rejecting the company's novel defenses under the Digital Millennium Copyright Act.

  • August 13, 2020

    5th Circ. Says High Court Alone Can End Men-Only Draft

    The Fifth Circuit relied on U.S. Supreme Court precedent Thursday to overturn a ruling that found men-only military draft registration discriminatory, in a case brought by an attorney whose slaying has been tied to the recent deadly attack on a federal judge's family.

  • August 13, 2020

    8th Circ. Asked To Rethink Negating North Dakota PBM Law

    Four North Dakota officials asked the Eighth Circuit to reconsider limiting the state's ability to regulate pharmacy benefit managers, saying the court broke with precedent when it shot down a law overseeing the industry that controls health care plans' medication purchases.

  • August 13, 2020

    Law360's Tort Report: GOP Pols Blast Gun-Toting Attys' Case

    Republican lawmakers' call for a probe of the St. Louis prosecutor who charged an injury lawyer couple for pointing guns at protesters and three states' moves over coronavirus injury legislation lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 13, 2020

    6th Circ. Reinstates J&J Pelvic Mesh Suit

    The Sixth Circuit on Thursday revived a woman's suit against Johnson & Johnson alleging that she was seriously and possibly permanently injured by its pelvic mesh implant, finding that she didn't file suit too late.

  • August 13, 2020

    SD Justices Rule BP Didn't Double Dip For Gas Tank Cleanup

    South Dakota's high court has affirmed BP doesn't have to pay back money it received from a fund created by the state for the cleanup of leaking underground petroleum storage tanks because the money wasn't collected on top of coverage from its insurer.

  • August 13, 2020

    Amazon Liable For Defective Battery, Calif. Court Finds

    A California appeals court on Thursday ruled that Amazon.com LLC is liable for a defective battery sold on its website, saying that because the online retailer put itself in the stream of distribution, it should be treated the same as a brick-and-mortar retailer in this case.

  • August 13, 2020

    9th Circ. Says Insurer Needn't Cover Porn Studio In HIV Suits

    The Ninth Circuit on Thursday affirmed a lower court's ruling that Atain Specialty Insurance Company does not have a duty to defend a pornography studio in underlying lawsuits alleging performers contracted HIV on the job, ruling the insurer's exclusion provision precludes coverage of injury resulting from sexual acts.

  • August 13, 2020

    Maine's Top Court Nixes Voter Bid To Block $1B Power Line

    A Maine ballot initiative aimed at killing a $1 billion power line that would transmit clean energy from Canada through Maine has been rejected by the state's Supreme Judicial Court after it found on Thursday that the measure would overstep citizens' constitutional authority.

  • August 13, 2020

    7th Circ. Says Union Can't Appeal In Ill. Clerk Patronage Suit

    A union representing Cook County court clerk employees can't challenge a special master's authority to observe grievance proceedings as she reviews the office's compliance with political patronage consent decrees because the union wasn't a party in the lawsuit, the Seventh Circuit said Wednesday.

  • August 13, 2020

    NJ Hospital Escapes Injury Suit Filed After Woman's Death

    A New Jersey state appeals court on Thursday tossed a personal injury suit against a hospital, finding that the attorney who filed the suit on a woman's behalf nine months after she died couldn't amend the case to insert her estate as the plaintiff.

  • August 13, 2020

    '​​​​​​​Diesel Brothers' Ask 10th Circ. To Reverse Emissions Fines

    The hosts of Discovery Channel's "Diesel Brothers" asked the Tenth Circuit on Wednesday to reverse a Utah federal judge's March order that they pay more than $850,000 in fines for violating the Clean Air Act and Utah emissions rules, claiming vehicles tied to them were incorrectly blamed for pollution occurring in the state.

  • August 13, 2020

    3rd Circ. Secures Pittsburgh Hospital's Antitrust Win

    The University of Pittsburgh Medical Center cemented its victory Wednesday over an antitrust suit accusing it of trying to run a rival out of the workers' compensation cost containment business after the Third Circuit declined to breathe new life into the case.

  • August 13, 2020

    Coronavirus Litigation: The Week In Review

    Ticket buyers say Stubhub is on the hook for refunds for events canceled due to the coronavirus pandemic, one of the biggest egg suppliers in the country has been accused of price-gouging and the Judicial Panel on Multidistrict Litigation has opted not to centralize all COVID-19 insurance cases.

  • August 13, 2020

    Fantasy Players Take MLB Cheating Suit To 2nd Circ.

    Fantasy sports players asked the Second Circuit Wednesday to give them another crack at a proposed class action alleging Major League Baseball undermined the fantasy contests by failing to take proper action to stop cheating by the Houston Astros and Boston Red Sox.

  • August 13, 2020

    Ill. Doctors Can't Dodge Sanctions Over Unserved Patent Suit

    The Federal Circuit on Thursday backed an Illinois federal judge's decision to sanction a pair of physicians who pursued patent infringement litigation against more than 300 hospitals and doctors without properly serving them.

  • August 13, 2020

    Trump's Asylum Rule Violates Int'l Law, UN Tells DC Circ.

    The Trump administration's attempt to strip asylum eligibility from migrants who enter the U.S. between designated ports of entry violates international law, the United Nations High Commissioner for Refugees told the D.C. Circuit on Thursday in an amicus brief, urging the court to preserve a block on the rule.

  • August 13, 2020

    Citizens' Bid To Block Golf Course's 'Upgrades' Not Up To Par

    A group of citizens on Thursday failed to convince a Texas appellate court that their city's plan to improve ponds on a private golf course as part of the management of a sewage treatment plant was actually an unconstitutional use of taxpayer funds for "aesthetic improvements."

  • August 13, 2020

    5th Circ. Finds Salvadoran's Reentry Resentencing Vindictive

    The Fifth Circuit ruled Wednesday that a trial judge acted vindictively when resentencing a man convicted of illegally reentering the United States, saying the judge should not have modified the sentence so that the prison terms for two counts ran consecutively.

  • August 13, 2020

    5th Circ. Won't Reconsider Exxon Permit Ruling

    The Fifth Circuit on Thursday refused to rehear a challenge to an air pollution permit Exxon Mobil Corp. needs to expand a petrochemical plant in Texas.

  • August 13, 2020

    8th Circ. Affirms Tax Fraudster's 8-Year Prison Sentence

    A Minnesota man convicted of tax fraud cannot withdraw his guilty plea after the Eighth Circuit affirmed in a Thursday opinion he had already admitted to the lower court his involvement in a scheme to avoid paying U.S. taxes.

  • August 12, 2020

    Thurgood Marshall's Path To Bench Would Be A Rarity Today

    No sitting federal appeals court judge spent the majority of their pre-judicial career working for a nonprofit civil rights organization the way Thurgood Marshall did, according to a report out Thursday that concludes the current federal appellate bench lacks professional diversity.

  • August 12, 2020

    4th Circ. Says Interactive Brokers Must Pay $1M Arb. Award

    The Fourth Circuit on Wednesday reversed a Virginia federal court's ruling that freed Interactive Brokers from paying a modified $1 million arbitration award to three investors who suffered significant losses during a period of market volatility in 2015.

  • August 12, 2020

    J&J Asks Mo. High Court To Overturn $2.1B Talc Ruling

    Johnson & Johnson urged the Missouri Supreme Court on Wednesday to take up its challenge of a lower appellate court's decision upholding $2.11 billion of a record-setting $4.7 billion jury verdict that found J&J's talcum powder products gave 22 women cancer, arguing that allowing this combination of claims was obviously unfair. 

  • August 12, 2020

    Alaska Native Cos. Meet CARES Act Standard, DC Circ. Told

    Cook Inlet Region Inc. has urged the D.C. Circuit to uphold a lower court decision that it and other Alaska Native corporations are eligible for part of $8 billion in COVID-19 relief, saying they satisfy a key requirement in the CARES Act that was borrowed from a federal contracting law.

Expert Analysis

  • What 9th Circ. Qualcomm Licensing Ruling Means For SEPs

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    As a result of the Ninth Circuit's decision Tuesday that Qualcomm's licensing practices for standard-essential patents don't violate antitrust law, future SEP disputes are likely to be rooted in contract and patent law, and innovators are more likely to aggressively seek 5G wireless-related SEP patents, say attorneys at Sterne Kessler.

  • 6 Compliance Takeaways From Updated FCPA Guide

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission's recently released Foreign Corrupt Practices Act guide contains several important changes that provide needed clarity to U.S. and multinational companies for proactively developing compliance programs to calibrate with government expectations and requirements, say attorneys at Buchanan Ingersoll.

  • A Guide To Determining Class Claim Time Bars

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    As pandemic-related state orders that toll statutes of limitations add to an already-muddled body of law, defense practitioners can follow a practical methodology to determine whether claims asserted by a member of a failed class are time-barred in a specific jurisdiction, say Marc Shapiro and Shane McCammon at Orrick.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • Workers' Comp Will Cover Most Virus Claims In Calif., Texas

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    When faced with workplace injury or death claims related to COVID-19, California and Texas employers can invoke a long line of precedent that upholds workers’ compensation as the exclusive remedy and imposes a high burden of proof for exceptions, say attorneys at Gordon & Rees.

  • Structuring LBO Payments After NY Ch. 11 Ruling

    Excerpt from Lexis Practice Advisor
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    A New York Bankruptcy Court's recent decision in Boston Generating, holding that the Bankruptcy Code preempts state law intentional fraudulent transfer claims, may make it possible to structure securities payments to protect equity holders in leveraged buyouts, say Charles Oellermann and Mark Douglas at Jones Day.

  • An Alternative Approach To Civil Claims Against Gov't Agents

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    As the doctrine of qualified immunity receives increased scrutiny following the deaths of George Floyd and others at the hands of law enforcement, savvy plaintiffs attorneys will pursue civil claims against government entities under a U.S. Supreme Court precedent that classifies municipalities as persons, say Glenn Jacobson and James Kimmel at Abrams Gorelick.

  • How New York Anti-SLAPP Law Could Survive The 2nd Circ.

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    The Second Circuit's decision in La Liberte v. Reid will test New York's recently updated anti-SLAPP law, intended to protect First Amendment activity, but there should be a viable path forward for several elements of the law, say Penguin Random House senior counsel Daniel Novack and Cornell Law School student Christina Lee.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Pa. Unemployment Ruling Shows Shift In Gig Worker Analysis

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    The Pennsylvania Supreme Court’s recent decision affirming unemployment eligibility for an Uber driver in Lowman v. Unemployment Compensation Board of Review highlights a movement toward an app-by-app, rather than worker-by-worker, evaluation of gig economy issues — a framework that generally favors protecting individuals, say Matthew Green and Tyler Dunphy at Obermayer Rebmann.

  • Ways To Secure Consumers' Electronic Consent For Data Use

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    Many privacy laws require written consent from consumers to use or disclose their nonpublic personal information, but it is easy for digital businesses to obtain multipurpose electronically signed consents that protect against civil and regulatory actions, says Brian Casey at Locke Lord.

  • Calif. Appellate Ruling May Trigger More Citizen Tax Initiatives

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    A California Court of Appeal's recent decision in the Matter of Proposition C allowed special taxes proposed by voter initiative to pass with a simple majority, narrowing the previous supermajority requirement, which will likely lead to an increase in tax initiatives proposed and passed by citizen groups, say Mike Shaikh and Nicole Ford of Baker McKenzie.

  • BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

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    Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Copyright Law Issues Plague Sherlock Holmes Suit

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    The Arthur Conan Doyle estate's recent lawsuit in a New Mexico federal court against Netflix over a Sherlock Holmes movie faces significant challenges to its copyright infringement argument, including a Seventh Circuit ruling that Sherlock Holmes characters who appeared in public domain and copyright-protected stories can exist in different forms, says Stephen Lee at Benesch Friedlander.

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