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Appellate

  • March 22, 2019

    9th Circ. Revives Student Loan Robocall Class Action

    The Ninth Circuit on Friday breathed new life into a suit by a group of borrowers accusing a student loan administrator of violating the Telephone Consumer Protection Act, finding that the administrator could be held vicariously liable for a contractor’s alleged bombardment of debt collection attempts.

  • March 22, 2019

    TCPA 'Merely A Pawn' In High Court Deference Fight

    The ability of companies and consumers to challenge agency rulings will take center stage at the U.S. Supreme Court on Monday, as the justices weigh whether federal courts or regulators such as the Federal Communications Commission should have the final say on what the law means, in this case the Telephone Consumer Protection Act.

  • March 22, 2019

    FERC Tells DC Circ. PennEast Pipeline Stands Up To Scrutiny

    The Federal Energy Regulatory Commission told the D.C. Circuit that it had properly issued a certificate for the $1 billion PennEast gas pipeline planned to run through Pennsylvania and New Jersey, arguing it had fully considered the project’s impact and necessity.

  • March 22, 2019

    Pettit Firm Adds Ex-Appellate Judge To Its Dallas Office

    The Pettit Law Firm announced it has added a former Texas appeals court judge to its commercial and real estate litigation practices in its Dallas office.

  • March 22, 2019

    DC Circ. Won't Revive Sewage Rule Case Over New Docs

    The D.C. Circuit said newly uncovered documents don’t warrant reopening a challenge to the U.S. Environmental Protection Agency’s narrow interpretation of an earlier court ruling that invalidated changes to sewage treatment rules.

  • March 22, 2019

    Union Member Gets Partial Win In Prevailing Wage Rate Fight

    A lower court must consider whether the Illinois Department of Labor violated a court order to post 2016 prevailing wage rates on its website when it did so with the caveat that the rates would only go into effect at a future date, an Illinois appellate court has found.

  • March 22, 2019

    Justices Urged To Nix Tribal Immunity In Casino Bankruptcy

    A litigation trustee has asked the U.S. Supreme Court to hear its case seeking to claw back $177 million transferred from a tribe-owned casino in Detroit before it went bankrupt, saying there is a circuit split on whether tribes have sovereign immunity in bankruptcy cases.

  • March 22, 2019

    Ill. Suit Over Handling Of $18.7M Settlement Funds Revived

    An Illinois state appellate court has revived a suit accusing a Chicago medical malpractice firm of allowing a client's wife to ensure part of an $18.7 million settlement the firm negotiated would go to her and her daughter in the event of his death, cutting out her stepsons.

  • March 22, 2019

    Wilmington Trust Can't Dodge $30M Bill To Retirement Plan

    Wilmington Trust is still on the hook for a nearly $30 million payment to a Constellis Group employee stock ownership plan after the Fourth Circuit upheld a lower court's finding that the bank had flouted its fiduciary duties as the plan's trustee.

  • March 22, 2019

    Oregon Urges High Court To Uphold Mining Regulations

    The state of Oregon on Friday told the U.S. Supreme Court it should affirm a Ninth Circuit decision that upheld a state law prohibiting motorized mining methods in certain salmon habitats.

  • March 22, 2019

    Justices Urged To Let Military Members Bring Med Mal Suits

    The widower of a naval officer who died after childbirth has urged the U.S. Supreme Court to loosen long-standing precedent barring military members' claims for injuries "incident" to their service, saying the justices should carve out an exception for medical malpractice claims because of their unique nature.

  • March 22, 2019

    Developer On Hook For $5.2M Despite Atty DQ, 8th Circ. Says

    A law firm that previously represented a historic Iowa building’s owner should have been disqualified from representing a bank suing the developer over lease payments, but the owner still must face a $5.2 million judgment despite the conflict of interest, the Eighth Circuit ruled Thursday.

  • March 22, 2019

    Up Next At High Court: Too Much Deference To Fed Agencies?

    The U.S. Supreme Court will hear two significant cases of administrative law this week as it wraps up its March argument session, both asking whether courts are giving federal agencies too much leeway to interpret rules and laws.

  • March 22, 2019

    Contractor Asks 9th Circ. For Fees After Getting Award Nixed

    An American contractor has asked the Ninth Circuit for nearly $92,000 in attorney fees after the appeals court tossed an Afghan subcontractor's $1.07 million arbitral award against it.

  • March 22, 2019

    Small Changes To Old Drugs Don't Extend Patents, ECJ Says

    The European Court of Justice has narrowed when patent owners are eligible to extend their rights on reformulated drugs, saying the addition of a non-therapeutic aspect isn’t enough to warrant an extension.

  • March 22, 2019

    Justices Urged To Allow Negligence Standard In M&A Suit

    Emulex Corp. investors urged the U.S. Supreme Court to affirm a Ninth Circuit ruling that they need only prove negligence, not intent, in their putative class action over a low tender offer in a merger, a move that would establish a lower pleading standard for investors bringing securities suits.

  • March 22, 2019

    Pa. Justices Sign Off On Disbarring Former State AG Kane

    Kathleen Kane, the disgraced former Pennsylvania attorney general, was stripped of her law license on Friday, nearly four months after being locked up in the wake of her conviction for leaking confidential investigative material to a reporter and lying about it to a grand jury.

  • March 22, 2019

    Fed. Circ. Flushes Bid For Potty Training Patent

    The Federal Circuit on Friday upheld the U.S. Patent and Trademark Office’s rejection of an application for a patent on a potty training device, saying it was an obvious improvement on an earlier design.

  • March 22, 2019

    FTC Resumes Admin. Case Against La. Appraisers Board

    The Federal Trade Commission on Thursday resumed its in-house proceedings challenging the Louisiana Real Estate Appraisers Board's fee rules after the Fifth Circuit rejected the board's appeal on its immunity bid as premature.

  • March 22, 2019

    1st Circ. Grants Puerto Rico Bankruptcy Stay In Medicare Suit

    The First Circuit has reversed a district court decision and found there is nothing in the laws governing Puerto Rico's reorganization that grants medical clinics claiming they were shortchanged by the island's government an exemption from the standard bankruptcy stay.

Expert Analysis

  • Key Takeaways From Copyright Registration Ruling

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    Some commentators reacted to the U.S. Supreme Court's decision in Fourth Estate v. Wall-Street.com by urging companies to ensure prompt registration of all of their copyrightable works. But several points should temper any rush to change existing practices, says James Hough of Morrison & Foerster LLP.

  • Rebuttal

    A Reminder Regarding The Need To Defend Judicial Integrity

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    I read with interest Law360's recent interview with former IRS attorney Kenneth Wood but was dismayed by how certain of his statements portrayed the Ninth Circuit and the U.S. Tax Court, says Saul Mezei of Morgan Lewis & Bockius LLP.

  • Record Keeping And Forum Selection Can Limit ESI Requests

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    The Delaware Supreme Court's recent ruling in KT4 Partners v. Palantir highlights how proper corporate record keeping can prevent exposure of internal emails. But it also emphasizes the value of forum selection clauses in directing books and records litigation to a specific venue, say Tod Northman and Daniel Schiau of Tucker Ellis LLP.

  • Opinion

    7th Circ. Conclusions On Parsonage Exemption Are Suspect

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    The recent decision in Gaylor v. Mnuchin, holding that the Internal Revenue Code's so-called parsonage tax exemption does not violate the First Amendment, ignored legislative history and tax theory, as well as the economic reality that a tax exemption operates as an income subsidy, says Arizona State Univerisity law professor Adam Chodorow.

  • Are Delaware Courts Last To Believe In Efficient Markets?

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    On March 27, the Delaware Supreme Court will hear oral argument in a case that will determine whether the state adopts the efficient market hypothesis for valuation of Delaware incorporated companies. Doing so would thwart corporate boards’ ability to defend themselves from attack by activists or hostile acquirers, say Alec Litowitz and Dave Wilansky of Magnetar Capital LLC.

  • Courts May Be Shifting Outlook On Gender Bias Claims

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    The Fourth Circuit’s recent opinion in Parker v. Reema Consulting Services demonstrates how even an office rumor can give rise to Title VII liability, and may be indicative of a judiciary moving toward a more sympathetic approach to women's workplace discrimination claims, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Opposite Rulings Refine Scope Of Texas Sovereign Immunity

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    Last week, the Texas Supreme Court reached opposite conclusions in two sovereign immunity cases, reflecting the excruciating parsing of statutory text required to determine whether a claim against a local government is barred or is encompassed by a statutory waiver of immunity, says Lyndon Bittle at Carrington Coleman Sloman & Blumenthal LLP.