Appellate

  • November 08, 2019

    NJ Justices To Review New Trial Order Over 'Judge Shopping'

    The New Jersey Supreme Court has agreed to review an appellate decision that overturned a jury decision in favor of a spurned job-seeker because the trial judge had created an "appearance of impropriety" by working behind the scenes to get assigned to the case.

  • November 08, 2019

    Fusion GPS Target Says Judge Should 'Resign From Bench'

    A New York federal judge overseeing a human rights activist's suit over an alleged smear campaign run by Fusion GPS should "resign from the bench" and run for Congress, the activist told the Second Circuit, saying the judge was ignoring the law and enacting his own policy on racketeering claims.

  • November 08, 2019

    7th Circ. Mostly Affirms $31M Kidney Failure Verdict

    The Seventh Circuit has largely affirmed a $31 million bench verdict in a suit accusing a federally funded clinic of causing a patient's kidney failure, but ordered further proceedings to determine whether the patient was partially to blame.

  • November 08, 2019

    AMA, Others Say Short-Term Insurance Rule Hurts Health Care

    Six more medical groups have come out against a Trump administration rule that lets Americans use Affordable Care Act-skirting health insurance plans for longer.

  • November 08, 2019

    Fed. Circ. Revives Airbus Bid To Ax Fire Suppression Patent

    The Federal Circuit ruled Friday that the Patent Trial and Appeal Board erred in upholding claims of a Firepass fire suppression system patent challenged by Airbus, sending the case back for reconsideration and extending a dispute that has already dragged on for a decade.

  • November 08, 2019

    Atty's Unfair Trial Remarks Can't Upend $2.6M Crash Verdict

    A Pennsylvania appellate panel on Friday affirmed a jury award of nearly $2.6 million for a motorist who suffered ongoing injuries after a rollover crash, saying in a split decision that the trial judge appropriately handled improper comments made by his counsel.

  • November 08, 2019

    Trump To Appeal Tax Subpoena To High Court In Next Week

    President Donald Trump within the next week will ask the U.S. Supreme Court to decide whether his accounting firm is required to furnish his tax returns to the Manhattan district attorney, his legal team said Friday. 

  • November 08, 2019

    Electrical Co. Urges Full 7th Circ. To Weigh Audit Ruling

    A Wisconsin electrical contractor has urged the full Seventh Circuit to rethink a decision allowing benefit funds to sue it so they can audit nonunion employee payroll records, arguing that a panel on the court misinterpreted their collective bargaining agreement.

  • November 08, 2019

    Insurer Not On Hook For Suit Against Firm, 3rd Circ. Says

    An insurer does not have to cover a legal malpractice action against a Pennsylvania law firm and a name partner because the allegations deal with the lawyer’s activities related to his side businesses, the Third Circuit said Friday.

  • November 08, 2019

    Ex-Union Nurse Defends NLRB's Ban On Dues For Lobbying

    A nurse who left her union and objected to her compulsory dues being used for political lobbying urged the First Circuit to uphold a National Labor Relations Board ruling that such use of non-members' dues was illegal, according to an intervenor's brief filed Friday.

  • November 08, 2019

    Religious Tax Credit Properly Banned, Montana Tells Justices

    The Montana Supreme Court correctly abolished an entire private-school scholarship program after the state tax agency prohibited granting tax credits to scholarship funds when the money goes to religious institutions, the state government told the U.S. Supreme Court on Friday.

  • November 08, 2019

    Federal Cig Shipping Law Covers Tribal Co., 2nd Circ. Says

    The Second Circuit ruled Thursday that a Native American-owned tobacco maker’s sales to reservations in other states was interstate commerce under the Prevent All Cigarette Trafficking Act, partly overturning a New York federal judge’s decision.

  • November 08, 2019

    Fed. Circ. Affirms Dish's PTAB Win After Remand Bid Fails

    The Federal Circuit on Friday upheld a Patent Trial and Appeal Board decision invalidating claims in a Customedia patent on digital management systems, days after refusing the company’s bid for a new PTAB review in light of the board’s structure being found unconstitutional.

  • November 08, 2019

    DC Circ. Asks If HHS Had Leeway For Drug Payment Cuts

    D.C. Circuit judges on Friday grappled with whether the government abused its leeway to adjust Medicare payments to a special drug discount program for hospitals when it slashed reimbursements almost 30%.  

  • November 08, 2019

    Punishment Urged For Judge Who Threatened To Report Atty

    A New York state trial court judge should be admonished for threatening to file a professional grievance against an attorney who purportedly made an ethnically offensive comment unless the lawyer's client offered to settle the case, a state judicial conduct group has recommended.

  • November 08, 2019

    EU High Court Pares Fine For One Firm In Recycling Cartel

    The European Court of Justice has cut in half the fine it imposed on one of three recycling companies punished for taking part in a cartel to fix prices for the purchase of car batteries from scrap dealers.  

  • November 08, 2019

    EPA Defends Decision Not To Question Utah Coal Plant Permit

    The U.S. Environmental Protection Agency has told the Tenth Circuit that its decision not to require a Berkshire Hathaway-affiliated Utah coal-fired power plant to install additional pollution controls was a reasonable use of its Clean Air Act authority, despite the Sierra Club's claims to the contrary.

  • November 08, 2019

    Fed. Circ. Judge Doubts PTAB Bungled Image Patent Term

    Image Processing Technologies LLC didn't seem to sway a Federal Circuit judge Friday with an argument that the Patent Trial and Appeal Board failed to follow the meaning it had given a key term when it invalidated the company's image processing patent at Samsung's request.

  • November 08, 2019

    FTC Asks 5th Circ. To Unpause La. Appraisers Case

    The Federal Trade Commission has asked the Fifth Circuit to reverse a ruling that paused the agency's in-house proceeding against the Louisiana Real Estate Appraisers Board, arguing the board is attempting to avoid the process set up by Congress to review enforcement actions.

  • November 08, 2019

    Up Next At High Court: DACA Shutdown, Border Killings

    The U.S. Supreme Court will consider the Trump administration's decision to wind down the Obama-era Deferred Action for Childhood Arrivals program for childhood immigrants and whether the parents of a slain Mexican teenager can sue the border agent who killed him, in what's expected to be a dramatic week of oral arguments to close out the November session.

  • November 08, 2019

    Uber Drivers Fight Objector To $20M Misclassification Deal

    Uber drivers who struck a $20 million deal with the ride-hailing giant to resolve claims it misclassified them as independent contractors have urged the Ninth Circuit not to let a driver who objected to the deal derail the settlement.

  • November 08, 2019

    Looking Back At Chief Justice Strine's Sharpest One-Liners

    For nearly five years, Delaware Supreme Court Chief Justice Leo E. Strine Jr. commanded the courtroom with piercing inquiry that earned him both admiration and criticism. He also had little patience for off-point or mushy arguments during the court's ruthlessly enforced 25 minute-per-side schedule and was not afraid to show it.

  • November 08, 2019

    Repealing A Law Moots Challenges To It, 9th Circ. Says

    Court challenges to laws become moot when the laws gets repealed, the Ninth Circuit has ruled in a published opinion.

  • November 08, 2019

    DC Circ. Revives H-1B Spousal Work Rule Challenge

    The D.C. Circuit reversed a lower court’s decision to toss a group of IT workers’ challenge to an Obama-era rule allowing H-1B visa holders’ spouses to work in the U.S., saying the group has shown the rule subjects its members to added competition in the job market.

  • November 08, 2019

    Trump Arctic, Atlantic Drilling Order Is Valid, 9th Circ. Told

    The federal government is urging the Ninth Circuit to revive President Donald Trump's bid to undo his predecessor's indefinite blockage of oil and gas drilling in large swaths of the Arctic and Atlantic oceans, saying an Alaska federal judge was wrong to invalidate the White House order.

Expert Analysis

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

    Author Photo

    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

  • How Fed. Circ. May Defer To PTAB In Facebook Case

    Author Photo

    The appeal of six inter partes reviews in Facebook v. Windy City presents an opportunity for the Federal Circuit to provide clarity on the appropriate level of deference to be afforded holdings of the Patent Trial and Appeal Board's precedent-setting panel, and it may even provide a chance for the U.S. Supreme Court to weigh in, say attorneys at Cadwalader.

  • A Better Specific Jurisdiction Test For Cross-Border Discovery

    Author Photo

    The Second Circuit's nonparty jurisdictional criteria for Section 1782 discovery purposes in a foreign proceeding — laid out in its recent Application of Antonio Del Valle Ruiz decision — is murky, difficult to apply and inequitable; I propose a simpler, fairer test, says Gilbert Samberg of Mintz.

  • Developments In State Taxation Of Nonadmitted Insurance

    Author Photo

    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Can Business Conduct Establish A Partnership In Texas?

    Author Photo

    After hearing arguments last month, the Texas Supreme Court is poised to decide whether Energy Transfer Partners and Enterprise Products Partners entered into a partnership based on their conduct and statements. The case emphasizes the need to draft preliminary agreements carefully, says Ladd Hirsch of Winstead.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

    Author Photo

    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.

  • Retaining Federal Jurisdiction After Fed. Circ. License Ruling

    Author Photo

    Following the Federal Circuit's recent holding in Inspired Development v. Inspired Products that unjust enrichment claims pertaining to a license agreement did not arise under federal patent law, parties can keep jurisdiction on their side by drafting licensing agreements with an eye toward litigation and carefully selecting claims to assert, say Jeffrey Whittle and Christopher Limbacher of Womble Bond.

  • Pipeline Projects Face New Questions On Landowner Rights

    Author Photo

    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.

  • NY Tax Minutes: Trump Tax Updates, End To SALT Cap Suit

    Author Photo

    This month's New York tax news features President Donald Trump — who seeks to change his tax domicile to Florida and continues lawsuits to prevent disclosure of his state tax returns — and a dismissal of the state's lawsuit challenging the federal cap on state and local tax deductions, say Timothy Noonan and Craig Reilly of Hodgson Russ.

  • High Court's Disgorgement Ruling Could Curb SEC Authority

    Author Photo

    The U.S. Supreme Court recently agreed to review Liu v. U.S. Securities and Exchange Commission, which challenges the SEC's ability to obtain disgorgement from federal courts, and has the potential to significantly restrict the regulator's enforcement power, say attorneys at Cleary.

  • Some Progress In Battle For Cannabis Biz Tax Deductions

    Author Photo

    Cannabis taxpayers saw some promising developments recently in legislation allowing state-level tax deductions for cannabis business expenses and a U.S. Tax Court opinion — Northern California Small Business Assistants v. Commissioner — that indicates skepticism regarding the constitutionality of the federal ban on these deductions, says Jennifer Benda of Hall Estill.

  • M&A 'Pure Omission' Claims Test Limits Of Securities Laws

    Author Photo

    The plaintiffs in two recent federal appellate M&A cases did not successfully import so-called pure omission claims from Delaware fiduciary duty law into Section 14 of the Securities Exchange Act, but plaintiffs will likely keep trying to expand federal securities law on this premise, say Matthew Kilby and Rory Collins at FaegreBD.

  • Fed. Circ. Offers Obviousness-Type Double Patenting Cure

    Author Photo

    The Federal Circuit’s recent decision in Sanofi-Aventis v. Dr. Reddy’s Labs suggests that, in the right circumstances, reissue of reference patent claims may effectively cure obviousness-type double patenting, and use of reissue to remedy OTDP seems consistent with the remedial nature of the corresponding statute, says David Manspeizer of Squire Patton.

  • Opinion

    Trump Adviser's Influence Should Sound Alarm In DACA Case

    Author Photo

    Next week, the Trump administration goes before the U.S. Supreme Court to support its cancellation of the Deferred Action for Childhood Arrivals program, but the troubling record of immigration adviser Kris Kobach should raise concerns about how legally sound the administration’s case will be, says Liz Mair of Mair Strategies.

  • 9th Circ. Ruling Stresses Need For Arbitrator Bias Disclosures

    Author Photo

    Following the Ninth Circuit's recent ruling in Monster Energy v. City Beverages, arbitrators should consider whether to amend disclosures concerning potential conflicts of interest to meet the court's hypertechnical, but not wholly illogical, partiality standard, says Dustin Hecker at Arent Fox.