Appellate

  • June 01, 2020

    Ga. Justices Reinstate Doc's Win In Hunter's Paralysis Suit

    The Georgia Supreme Court on Monday reinstated a defense verdict in a suit accusing a doctor of prescribing too much medication to a patient who later fainted, fell out of a deer hunting stand and became paralyzed, saying there was evidence to warrant jury instructions on risk assumption.

  • June 01, 2020

    Facebook Asks Texas High Court To End Sex Trafficking Suits

    Facebook is asking the Texas Supreme Court to dismiss three lawsuits that accuse the company of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade, arguing it can't be held liable for what third parties post on its website.

  • June 01, 2020

    Supreme Court Won't Hear Camp Lejeune Toxic Water Suits

    The U.S. Supreme Court on Monday declined to take up two appeals stemming from dismissed multidistrict litigation brought by military families over drinking water contamination at the Camp Lejeune military base in North Carolina.

  • June 01, 2020

    Calif. Appeals Court Revives Anheuser-Busch Pricing Suit

    A California appeals court on Friday revived a bid for class certification from a group of convenience store owners suing Anheuser-Busch LLC over an alleged beer-pricing scheme, ruling that the trial court's basis for denying certification cannot be upheld due to a recent decision by the state's Supreme Court.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    Comcast Tells 9th Circ. Privacy Suit Belongs In Arbitration

    Comcast told the Ninth Circuit on Monday that a subscriber's proposed class action accusing it of violating privacy laws by collecting personal information for advertising purposes belongs in arbitration, arguing that the California Supreme Court's McGill decision barring class waivers doesn't apply.

  • June 01, 2020

    Research Firm Says Survey Pitches Don't Break TCPA Ad Ban

    A market research firm and its former parent asked the Third Circuit for en banc rehearing of a divided panel decision that said unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

  • June 01, 2020

    'Strange' Times For Mass. Judges As Virus Redefines Court

    As attorneys, firms, law schools and students adjust to their new normal, the judiciary is also trying to figure out what that will look like once the courts ramp back up.

  • June 01, 2020

    Justices Told PTAB Findings Can't Erase Infringement Rulings

    Chrimar Systems Inc. is pressing the U.S. Supreme Court to take up its appeal over whether Patent Trial and Appeal Board invalidations can override district courts' infringement judgments, telling the high court that "patent-specific carve-outs are a reason for granting cert."

  • June 01, 2020

    9th Circ. Revives Post-Sale Claims In VW Emissions Suit

    The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.

  • June 01, 2020

    Texas Panel Says Contract Talks Aren't Protected Free Speech

    Investment company United Development Funding LP can't escape a Texas developer's $10 million business interference lawsuit under a state free speech protection law because communications about the developer's contracts don't address a public concern, a Texas appellate panel ruled.

  • June 01, 2020

    Texas Can't Reverse $28.8M Jury Verdict Over Highway Project

    The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.

  • June 01, 2020

    Justices Won't Take AT&T, Comcast Arbitration Fight

    The U.S. Supreme Court won't take up AT&T and Comcast's efforts to force two separate consumer disputes into arbitration, according to orders released Monday.

  • June 01, 2020

    Justices Told Deal In The Works To End Oil Rig Race Bias Suit

    A company and the black workers it allegedly discriminated against by making them work on a hot oil rig while their white colleagues enjoyed air conditioning asked the U.S. Supreme Court to hold off considering whether to review the case due to a pending settlement.

  • June 01, 2020

    Supreme Court Allows $3B Madoff Clawback Ruling To Stand

    The U.S. Supreme Court on Monday declined to hear an appeal of a Second Circuit ruling that the trustee for Bernie Madoff's fraudulent investment firm can claw back billions in Ponzi scheme proceeds transferred from foreign Madoff feeder funds to other foreign parties.

  • June 01, 2020

    High Court Turns Away Wis. Bar Dues Case Despite Dissent

    The Supreme Court declined Monday to take up a First Amendment challenge to the State Bar of Wisconsin's mandatory dues scheme, prompting a dissent by Justice Clarence Thomas likening the payments to union fees the high court outlawed in a 2018 ruling.

  • June 01, 2020

    High Court Upholds Puerto Rico Financial Oversight Board

    The U.S. Supreme Court on Monday unanimously ruled that members of Puerto Rico's Financial Oversight and Management Board do not require U.S. Senate approval because the board's handling of the island's $125 billion bankruptcy is limited to Puerto Rico's fiscal issues and it only exercises local, territorial authority.

  • June 01, 2020

    High Court Hands US Bank Win That May Limit ERISA Suits

    The U.S. Supreme Court affirmed U.S. Bank's Eighth Circuit win in a proposed ERISA class action on Monday, ruling that the bank's retirees didn't have standing to sue over alleged pension plan mismanagement because they were still receiving their pension checks.

  • June 01, 2020

    High Court Allows Circuit Court Review In Deportation Cases

    Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.

  • May 30, 2020

    Supreme Court Says Calif. Can Limit Church Gatherings

    Chief Justice John Roberts Jr. joined his liberal colleagues on the U.S. Supreme Court early Saturday morning to deny a request from a California church to lift restrictions on religious gatherings in the state during the pandemic.

  • May 29, 2020

    USPTO Tells Fed. Circ. Arthrex Not For Ex Parte Appeals

    The U.S. Patent and Trademark Office is urging the Federal Circuit not to invoke its Arthrex ruling during appeals of rejected patent applications, saying that ruling's remedy of vacating and remanding cases is not needed under these circumstances.

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    5th Circ. Lets Down Telecoms In Access Fee Fight

    An appeals court panel has handed hundreds of local phone companies a key victory by sending a six-year dispute with Verizon and Sprint back to a Texas trial court without awarding millions in damages the major telecoms sought for exchange access fees they allege to have been charged over the years.

  • May 29, 2020

    Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

    A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.

  • May 29, 2020

    Fed. Circ. Says Email Exchange Supports Deal Extension

    The Federal Circuit on Friday refused to revive a contractor's challenge to a one-year extension to an unprofitable terminal services agreement, saying a government email was sufficient to trigger a contract extension provision.

Expert Analysis

  • Patent Owners Should Mind Assignee Rights Restrictions

    Author Photo

    Federal courts' reliance on the Federal Circuit Lone Star v. United Microelectronics decision, which closely scrutinized contractual restrictions in patent assignments, makes it crucial for patent owners to take particular care when limiting an assignee's ability to enforce the patent or transfer the rights, say John Haynes and Lindsay Church at Alston & Bird.

  • How Lawyers Can Network Better, Virtually And In Person

    Author Photo

    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Texas Ruling May Weaken Anti-Washout Clauses In Oil Leases

    Author Photo

    The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.

  • Practical Tips For Presenting Your Case To Litigation Funders

    Author Photo

    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

    Author Photo

    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Ohio Tax Talk: Unemployment Ruling May Offer M&A Savings

    Author Photo

    The Ohio Supreme Court's recent decision in Delphi Automotive v. Ohio Department of Job and Family Services sets an acquirer-friendly precedent for unemployment tax rates in mergers, acquisitions and reorganizations, which could be especially important in the wake of pandemic-related layoffs, say Jeremy Hayden and Christopher Tassone of Frost Brown.

  • Perspectives

    Illinois Must Do More To Protect Consumers In Debt

    Author Photo

    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

    Author Photo

    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

    Author Photo

    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • The Death Of The Combination Patent Claim

    Author Photo

    Recent Federal Circuit cases appear to suggest that if your patent claim to a combination of otherwise known elements does not include a specific technical improvement, then the claim is not patent-eligible — meaning a bedrock patent principle has been overruled implicitly, says Howard Skaist at Berkeley Law & Technology Group.

  • Limiting Employer Liability For Secondhand Virus Exposure

    Author Photo

    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Opinion

    Don't Cancel Your Summer Associate Programs

    Author Photo

    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

    Author Photo

    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • New Trend In IPR Institution Appealability Demands Scrutiny

    Author Photo

    While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.

  • Navigating TM Profits Remedy After High Court Decision

    Author Photo

    The U.S. Supreme Court's recent Romag v. Fossil decision didn't articulate a specific test to determine whether a trademark profits award is appropriate, which will likely have ripple effects on the varying circuit court standards, and litigators will need to keep several considerations in mind, say attorneys at Gibson Dunn.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!