A Pennsylvania appeals panel Tuesday dealt a blow to companies including Bayer Crop Science and BASF Corp. and revived a wrongful death case filed by the family of a man who administered pesticides on a golf course for 40 years, disagreeing with a lower court that the case’s expert relied too heavily on novel science linking the chemicals to the man’s fatal leukemia.
Investment consulting firm The Townsend Group LLC has accused the Dallas Police and Fire Pension System of “transparent gamesmanship” in its lawsuit alleging the pension fund lost $580 million due to bad real estate investment advice, and wants the Texas Supreme Court to split up the case.
A Virginia school board that created a policy aimed at keeping a transgender student from using restrooms that match his gender identity will have to face his discrimination claims that made it all the way to the U.S. Supreme Court and back, a federal judge ruled Tuesday.
A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.
UPS can’t unwind new federal rules on consumer shipping costs after the D.C. Circuit found Tuesday that the Postal Regulatory Commission hadn’t overstepped its bounds in excluding some of the U.S. Postal Service’s costs from its math.
The Federal Circuit on Tuesday overturned a Court of International Trade judge and found that the U.S. Department of Commerce had rightfully included a certain type of aluminum oven door handle imported from China within the scope of tariffs on similar products, capping off a winding, five-plus-year dispute.
The Fourth Circuit assented Tuesday to Toyota's and a customer's joint dismissal of claims that some Toyotas' dashboards melted or degraded from sun exposure, in an appeal that was to center around the denial of Toyota's wish to arbitrate.
A Georgia appeals court has tossed a suit accusing two GPS monitoring companies of failing to properly monitor two criminal suspects awaiting a robbery trial, which purportedly allowed them to murder a man during another robbery, saying the companies are immune to civil liability under state law.
The U.S. arm of TRW Automotive Holdings Corp. urged the Sixth Circuit on Monday to reject an arbitrator’s award of free health care for life to retirees, arguing that nothing in the automotive company’s collective bargaining agreement with its union staff entitled retirees to that level of benefits.
A group of Houston residents can’t revive claims that a city tax reinvestment zone led to street and drainage projects in their area that caused their homes to flood during periods of heavy rainfall, the Fifth Circuit held Tuesday.
After winning a ruling that opened the door for more appeals of Patent Trial and Appeal Board decisions, Wi-Fi One LLC asked Monday for another chance in front of the full Federal Circuit, as it tries to salvage its messaging patents.
A referee recommended Tuesday that the Florida attorneys who gave a judge Tampa Bay Rays baseball game tickets while litigating a case before him receive one year's probation and be required to speak to new attorneys about the incident.
The Ninth Circuit on Tuesday said that a Nevada federal court judge should no longer preside over a water rights case after he dismissed counterclaims by the federal government and the Walker River Paiute tribe, saying there was evidence he was biased against federal government attorneys.
The Ohio Supreme Court on Tuesday vacated a state Board of Tax Appeals decision that affirmed a county appraiser’s $8.8 million valuation of a Lowe’s Inc. property, saying the board must re-evaluate the appraiser’s report using newly established case law.
U.S. Citizenship and Immigration Services urged the U.S. Supreme Court on Tuesday not to review the Ninth Circuit’s holding that a Taiwanese engineer didn’t qualify for a statutory exception that would allow him to apply for lawful permanent resident status, arguing that the appeals court properly applied U.S. immigration law.
U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.
A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.
The Tenth Circuit declined to revive a dispute between a Colorado foreclosure attorney and his insurance company, ruling that the lower court was right to find the company did not have to defend the lawyer from a class action over alleged overbilling.
The D.C. Circuit thwarted an attorney’s attempt to avoid half a million dollars in taxes when it ruled Tuesday in favor of a Tax Court decision that a statute of limitations began when a notice was mailed, not when it was dated.
The Boeing Co. stayed clear Tuesday of an ex-worker’s race bias suit alleging he was fired for being African-American when the Third Circuit ruled that the aerospace giant showed the employee was terminated after multiple safety violations.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.
Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.
At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.
The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.
On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.
The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.
Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.
In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.