Appellate

  • December 11, 2019

    2nd Circ. Boots Atty For Discourtesy After 3-Min. Hearing

    In a startling three-minute hearing Wednesday, a Second Circuit panel ordered an attorney out of the courtroom for lobbing sarcastic remarks and then refusing to drop his demand for rebuttal time.

  • December 11, 2019

    Del. Justices Dismayed By Lack Of Record In Forum Dispute

    The Delaware Supreme Court on Wednesday pressed both sides in a battle for control of a Delaware-chartered tech company over missing pieces on foreign law in the record of a dispute that the Chancery Court said ought to be waged in Austria.

  • December 11, 2019

    End Of The Road For USPTO's 'Radical' Fight For Atty Fees

    With a unanimous ruling from the U.S. Supreme Court, the U.S. Patent and Trademark Office’s long, strange and often-criticized effort to recoup its legal bills has ended in defeat. Here's why.

  • December 11, 2019

    DC Circ. May Toss Atty's Suit Seeking Trump Financial Info

    A D.C. Circuit panel did not seem convinced on Wednesday to revive a Washington attorney's lawsuit demanding that President Donald Trump resubmit the public financial disclosures he filed in 2018 and 2019 and differentiate between his personal and business' debt and liabilities.

  • December 11, 2019

    Justices Urged To Revisit Nixed $7.1M Baby Injury Award

    The U.S. Supreme Court has been asked to review a Fourth Circuit ruling that threw out a $7.1 million bench award in a suit accusing a federally employed doctor of botching a newborn’s treatment and causing brain damage.

  • December 11, 2019

    Lenders Urge Justices To Review Payday Loan Ruling

    Two companies that provided funding for a tribe-linked lender accused of charging exorbitant interest rates have pressed the U.S. Supreme Court to take up their challenge to a Second Circuit ruling that found arbitration clauses in the loan agreements unenforceable.

  • December 11, 2019

    Ex-Nevada SG Joining 9th Circ. Is Trump's 50th Circuit Judge

    Senators voted narrowly Wednesday to confirm Ninth Circuit nominee Lawrence VanDyke, a former Nevada solicitor general who is President Donald Trump's 50th appointee to the circuit courts in his campaign to reshape them.

  • December 11, 2019

    Fed. Circ. Affirms Actavis Infringed Anti-Nausea Drug Patent

    The Federal Circuit on Wednesday upheld a Texas federal judge's decision that Actavis' proposed generic version of Sancuso, a drug administered through a skin patch used to prevent nausea and vomiting after chemotherapy, infringes a ProStrakan Inc. patent.

  • December 11, 2019

    Fed. Circ. Affirms PTAB Decision Axing Ski Binding Patent

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision to invalidate a ski binding patent that German sports equipment maker Volkl's U.S. subsidiary was accused of infringing, unmoved by the patent owner's contention the board misread key claims.

  • December 11, 2019

    DHS Tells Justices Bar On Court Review Of Removal Is Lawful

    The federal government has asked the U.S. Supreme Court to overrule a Ninth Circuit decision determining that a Sri Lankan citizen can challenge his expedited removal, saying that district courts don't have the authority to review immigrant admission applications.

  • December 11, 2019

    Trump Financial Docs Are Key To House Probes, Justices Told

    President Donald Trump’s petition to block a House committee’s subpoena for his financial records should not warrant review by the U.S. Supreme Court because the request is within Congress’ legislative purview, House attorneys said Wednesday.

  • December 11, 2019

    Fla. Hospital Wins Records Fight In Med Mal Death Suit

    A Florida appeals court ruled Wednesday that a hospital needn't produce certain physician records in a suit accusing the physician of causing a patient's death due to malpractice, saying the records aren't covered by a Florida patient's rights law.

  • December 11, 2019

    Outside Groups Flood Judicial Races With Cash, Study Finds

    Campaign spending for state Supreme Court elections in 21 states reached nearly $40 million during 2017 and 2018, with special interest groups contributing more than a quarter of the amount, according to a report released Wednesday.

  • December 11, 2019

    3rd Circ. Won't Rehear Bond Row In Racetrack Betting Suit

    The Third Circuit has refused to rehear a precedential ruling from earlier this year allowing a New Jersey racetrack to collect on a $3.4 million bond deposited by the NCAA, NFL and other sports organizations backing an injunction against the track taking sports bets.

  • December 11, 2019

    FTC Defends Impax Pay-For-Delay Ruling At 5th Circ.

    The Federal Trade Commission has urged the Fifth Circuit to reject Impax Laboratories’ appeal of an FTC order finding that the company's deal to delay its generic version of an opioid pain medication violated antitrust law, arguing that the agreement with Endo Pharmaceuticals “bears every hallmark” of the kind of pay-for-delay settlement the U.S. Supreme Court has deemed illegal.

  • December 11, 2019

    Fla. Court Won’t Dismiss Pelvic Mesh Discovery Complaint

    A Florida appeals court on Wednesday denied a petition from a pelvic mesh maker seeking to quash a complaint for discovery, saying it doesn’t have jurisdiction because the company hasn’t shown it will suffer irreparable harm.

  • December 11, 2019

    Fed. Circ. Won't Redo Capital One's IP Firm Antitrust Ruling

    The Federal Circuit is standing firm on its decision barring Capital One from pursuing antitrust claims against patent licensing firm Intellectual Ventures, despite federal regulators' concerns over the lower court decision the panel has left intact.

  • December 11, 2019

    7th Circ. Affirms Toss Of Ex-Navy Police Officer's Bias Suit

    The Seventh Circuit has ruled that a former police officer at a U.S. Navy base who claimed he was discriminated against because of his race was ultimately terminated for his own conduct, including 15 violations of a leave policy requiring him to get a supervisor's approval before missing work.

  • December 11, 2019

    Congress Needs Trump Bank Docs To Legislate, Justices Told

    Two House committees need President Donald Trump’s bank records to write pressing legislation and the U.S. Supreme Court should allow immediate enforcement of subpoenas to Deutsche Bank and Capital One, House attorneys told the court Wednesday.

  • December 11, 2019

    9th Circ. Won't Revive Ex-Abbott Worker's Benefits Challenge

    The Ninth Circuit has upheld a lower court's finding that Abbott Laboratories Inc. didn't violate ERISA when it concluded that a former clinical research associate was able to work and cut off her disability benefits.

  • December 11, 2019

    La. Justices Strike Down Funding For Local Sales Tax Board

    The Louisiana Supreme Court on Wednesday found the funding mechanism for the state's Uniform Local Sales Tax Board unconstitutional, affirming a lower court decision that permanently stopped state agencies from withholding and disbursing tax funds.

  • December 11, 2019

    7th Circ. Nixes Ex-Prof's Fraud Suit Against ABA

    The Seventh Circuit has declined to revive a former law professor's suit against the American Bar Association, saying the professor failed to connect his firing by the State University of New York at Buffalo School of Law to an alleged failure by the ABA to enforce its own standards.

  • December 11, 2019

    Supreme Court Strikes Down USPTO Atty Fee Rule

    The U.S. Supreme Court on Wednesday struck down an unusual U.S. Patent and Trademark Office policy that saw the agency automatically demand repayment of its legal bills, ruling that it ran afoul of the centuries-old rule that U.S. litigants must usually pay their own lawyers.

  • December 10, 2019

    Immigration Order Reviews Mean 'Life-Or-Death,' Justices Told

    A Lebanese citizen urged the U.S. Supreme Court on Monday to allow courts to review denials of torture protection requests from foreign citizens with criminal histories, stressing that judicial review is necessary over these "life-or-death" decisions.

  • December 10, 2019

    Kozinski's Return To Court Sparks #MeToo Ethics Questions

    Alex Kozinski, the former Ninth Circuit judge who resigned amid sexual misconduct allegations, returned to the Pasadena courthouse on Monday morning. This time, he walked in as a lawyer arguing for a client.

Expert Analysis

  • Inside High Court Debate Over Bar On IPR Appellate Review

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    In Monday's U.S. Supreme Court oral arguments in Thryv v. Click-To-Call, several justices seemed concerned about how the provision of the Patent Act precluding appeal of timely filed inter partes reviews affects the presumption in favor of judicial review of an agency's interpretation of its limiting statute, says Julianne Hartzel of Marshall Gerstein.

  • What UK Ruling On Claims Agencies Could Mean For Airlines

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    A U.K. Supreme Court ruling in a suit between law firm Bott & Co. and Ryanair over the use of third parties in passenger disputes could embolden claims agencies and increase the administrative burden on airlines in the handling of flight compensation regulation claims, says James Jordan of Holman Fenwick.

  • Pa. Justices' Ruling Highlights Federal, State Wage Law Divide

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    In light of the Pennsylvania Supreme Court’s recent overtime calculation decision in Chevalier v. GNC as well as the potential for state legislative action on minimum wage, Pennsylvania employers should ensure pay policies comply with both federal and state wage laws, say Jo Bennett and Osazenoriuwa Ebose at Schnader Harrison.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • 3 NJ Cases Weigh Anti-Discrimination Law And Land Use

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    Several recent decisions from the U.S. District Court for the District of New Jersey and the New Jersey Supreme Court and Appellate Division have offered guidance on the interplay between land use development applications, real estate purchase and sale contracts and federal state anti-discrimination laws, say Nino Coviello and Justin Calta of Saiber.

  • Justices Weigh 'Actual Knowledge' Practically In ERISA Case

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    The U.S. Supreme Court justices seemed to leave recent arguments in Intel v. Sulyma without any ambiguity on the meaning of “actual knowledge” under the Employee Retirement Income Security Act's three-year time bar, says Michael Valerio at Drinker Biddle.

  • Hospitality Outlook: ADA Website Suits Won't Go Away

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    Opinions from the Fourth and Seventh Circuits may limit Americans with Disabilities Act website accessibility claims against hospitality businesses, but the U.S. Supreme Court's recent decision not to hear Domino's Pizza v. Robles signals that this type of litigation will continue into 2020, says Martin Orlick of Jeffer Mangels.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • Justices Weigh Property Rights Against Superfund Plans

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    At U.S. Supreme Court oral arguments in Atlantic Richfield v. Christian, the justices seemed wary of the idea that the federal Superfund law could allow property owners to unilaterally supplement a government-selected cleanup plan, say Joshua Frank and Martha Thomsen of Baker Botts.

  • Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers

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    The Illinois Supreme Court's ruling in Sanders v. Illinois Union resolves a split in state and federal decisions applying Illinois law on trigger of coverage in the context of wrongful incarceration, but courts will continue to grapple with the issue, say Benjamin Eggert and Karen Toto of Wiley Rein.

  • When Contract Enforcement Should Defer To Plaintiff Rights

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    The California Court of Appeal's recent decision in Handoush v. Lease Finance Group casts into doubt the enforceability of forum selection and choice-of-law contract provisions where their enforcement would deprive litigants of fundamental rights, such as the right to a jury trial, says Peter Selvin at TroyGould.

  • 'Blocking Patent' Doctrine May Now Apply To All Technologies

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    Although the U.S. Supreme Court recently denied certiorari in Acorda Therapeutics v. Roxane Laboratories, which sought review of the “blocking patent” doctrine, expecting the doctrine’s appearance in obviousness cases across all technologies is logical and will undoubtedly speed the development of the law on a number of unanswered questions, says David Manspeizer of Squire Patton Boggs.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Opinion

    Fed. Circ.'s Arthrex Decision Should Apply Retroactively

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    To avoid the wastefulness involved with vacating and rehearing hundreds of final decisions by the Patent Trial and Appeal Board, the Federal Circuit should give the Arthrex v. Smith & Nephew decision on the constitutionality of PTAB judicial appointments full retroactive effect, says Andrew Michaels of the University of Houston Law Center.