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Appellate

  • August 17, 2018

    Parents' Role In Calif. Immigration Custody Rows Clarified

    A parent does not need to be joined as a party in a civil custody action that includes a bid for certain immigration findings for the case to proceed in California, as long as the individual received adequate notice of the proceedings, the state's highest court ruled on Thursday.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 17, 2018

    US Gov’t Tells High Court Wash. Tribe Must Pay Fuel Tax

    The U.S. Department of Justice has filed an amicus brief urging the U.S. Supreme Court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when importing that product onto its reservation.

  • August 16, 2018

    Confidential Docs Show Kavanaugh Misled Panel, Dems Claim

    Documents recently turned over to the Senate Judiciary Committee indicate that Judge Brett Kavanaugh “misled” lawmakers during his 2006 confirmation hearing for the D.C. Circuit judgeship about his knowledge of the Bush administration’s torture policies, top Senate Democrats alleged Thursday.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Equitable Mootness Applies In Ch. 9 Cases, 11th Circ. Says

    The Eleventh Circuit handed a group of Jefferson County, Alabama, sewer ratepayers a loss Thursday when it ruled that equitable mootness applies to Chapter 9 bankruptcy and extinguished their appeal of a bankruptcy confirmation plan for the county.

  • August 16, 2018

    Texas Court Revives Patient's Liver Biopsy Injury Suit

    Following a rehearing, a Texas appellate court revived a suit accusing Houston Methodist Hospital of being responsible for injuries a woman suffered after her artery was nicked during a liver biopsy, saying Thursday the patient’s medical expert reports were flawed but potentially fixable.

  • August 16, 2018

    VA Agent Orange Policy Fight To Get Full Fed Circ. Hearing

    The full Federal Circuit on Thursday agreed to consider whether the U.S. Department of Veterans Affairs has wrongly excluded “blue water” Navy veterans from benefits related to exposure to the notorious defoliant Agent Orange during the Vietnam War, roughly a decade after a court panel had backed the agency's stance.

  • August 16, 2018

    8th Circ. Voids Tax Court Ruling In $1.36B Medtronic Case

    The Eighth Circuit struck a blow Thursday to Medtronic Inc. in its $1.36 billion dispute with the Internal Revenue Service, vacating a favorable U.S. Tax Court decision after finding that the judge in the case had not justified the pricing.

  • August 16, 2018

    Tax Groups Urge Court To Find Wash. Tribe Must Pay Fuel Tax

    Two tax organizations filed an amicus brief with the Supreme Court Thursday, urging the court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when operating outside its reservation.

  • August 16, 2018

    Texas Court Won't Revive Hunt Heir Mortgage Fraud Case

    A Texas appeals court has handed a win to Hunt Petroleum Corp. heir Albert G. Hill III, ruling the trial court in his mortgage fraud case was within its discretion to compel the then-district attorney to testify and to dismiss the case with prejudice after he refused.

  • August 16, 2018

    Miss. High Court Won't Let Google Slip Student Privacy Suit

    Mississippi's highest court has refused to entertain Google's challenge to a ruling that kept alive a suit lodged by the state's attorney general over the tech giant's allegedly unlawful collection and use of public school students’ personal information, a conclusion that was met with opposition by the court's chief justice. 

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    Fed. Circ. Upholds Duties On Compression Garments

    The Federal Circuit on Thursday upheld a U.S. Court of International Trade ruling that Sigvaris Inc. can't escape duties for compression sleeves and stockings it imports, albeit taking a different approach from the CIT as to why a physical handicap exception doesn’t apply.

  • August 16, 2018

    Full Fed. Circ. Says Axed Suits Still Start AIA Time-Bar Clock

    The full Federal Circuit ruled Thursday that patent suits that are voluntarily dismissed start the clock on the one-year window the accused party has to file an inter partes review petition, saying the Patent Trial and Appeal Board's contrary holding misread the America Invents Act.

  • August 16, 2018

    DC Appeals Court Ends FCA Suit Against Verizon, Comcast

    A D.C. appellate panel on Thursday backed a trial court’s dismissal of a False Claims Act lawsuit against Verizon, Comcast, MCI Worldcom and several other telecommunications companies that accused the companies of failing to pay more than $29 million in emergency 911 taxes.

  • August 16, 2018

    Tribes Allowed To Intervene In Small-Cell Rule Challenges

    The D.C. Circuit on Thursday allowed several tribes to intervene in combined challenges to a Federal Communications Commission rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • August 16, 2018

    1st Circ. Reopens Indonesian's Aslyum Bid Over Extemism

    The First Circuit on Thursday reopened an Indonesian national's asylum bid to escape religious persecution in his home country, finding that the Board of Immigration Appeals overlooked critical evidence about the intensification of "Islamic fundamentalist fervor."

  • August 16, 2018

    3rd Circ. Won't Revive Allergan Medicaid Rebate Suit

    The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.

  • August 16, 2018

    Nat'l Archives Pans Committee's Release Of Kavanaugh Docs

    The National Archives, which has found itself in the middle of a bitter struggle over Supreme Court nominee Brett Kavanaugh’s documents from his Bush White House service, on Wednesday sought to put some distance between its review process and that of the current Senate Judiciary Committee.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Wrongful Termination Claims And NLRB's Burden Of Proof

    Douglas Darch

    In Tschiggfrie Properties v. National Labor Relations Board, a three-member panel of the Eighth Circuit vacated the NLRB's decision involving an employee who was fired for abusing his employer's Wi-Fi and sleeping on the job. The ruling is a helpful reminder of the NLRB's burden of proof in a mixed-motive wrongful termination case, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • 6th Circ. Adds To Individual Assessment Trend Under ADA

    Robert Horton

    The Sixth Circuit's recent opinion in Hostettler v. The College of Wooster is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation under the Americans with Disabilities Act, say Robert Horton and Courtney Williams of Bass Berry & Sims PLC.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.