Appellate

  • May 22, 2018

    Pa. Panel Revives Suit Linking Man's Leukemia To Pesticides

    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.

  • May 22, 2018

    Investment Firm Wants To Split $580M Dallas Pension Fight

    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.

  • May 22, 2018

    Va. School Can't Shake Trans Student's Bathroom Bias Suit

    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.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    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.

  • May 22, 2018

    UPS Loses Challenge Of Postal Shipping Costs Rule

    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.

  • May 22, 2018

    Fed. Circ. Defers To Commerce In Aluminum Handle Duty Row

    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.

  • May 22, 2018

    Toyota, Customer Dismiss 4th Circ. Melting-Dashboard Appeal

    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.

  • May 22, 2018

    GPS Monitoring Cos. Cut Loose From Suit Over Man’s Murder

    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.

  • May 22, 2018

    TRW Auto Challenges Retiree Benefits Award At 6th Circ.

    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.

  • May 22, 2018

    5th Circ. Tosses Houston Residents’ Suit Over Flooding

    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.

  • May 22, 2018

    Wi-Fi One Seeks 2nd Fed. Circ. Rehearing In Patent Dispute

    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.

  • May 22, 2018

    Fla. Attys Who Gave Rays Tickets To Judge Facing Probation

    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.

  • May 22, 2018

    9th Circ. Removes Judge In Tribes Water Rights Dispute

    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.

  • May 22, 2018

    Ohio Justices Say Lowe’s $8.8M Appraisal Needs Redoing

    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.

  • May 22, 2018

    USCIS Urges Justices Not To Consider Visa Petition Review

    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.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    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.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    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.

  • May 22, 2018

    Atty Overbilling Suit Not Covered By Insurance: 10th Circ.

    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.

  • May 22, 2018

    DC Circ. Says Mail Maneuver Fails To Erase $550K Tax Debt

    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.

  • May 22, 2018

    Safety Flubs, Not Race, Got Boeing Worker Fired: 3rd. Circ.

    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.

Expert Analysis

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    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.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​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.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    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.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    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.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    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.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    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.

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    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.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    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.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    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.

  • Reaffirming Omnicare's Section 10(b) Protections

    Susanna Buergel

    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.