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Appellate

  • June 18, 2019

    Trump Urges 2nd Circ. To Freeze Financial Record Subpeonas

    President Donald Trump on Tuesday urged the Second Circuit to block congressional subpoenas that seek a vast array of financial records from Deutsche Bank and Capital One, saying the records are being sought for illegitimate, political purposes.

  • June 18, 2019

    Fed. Circ. Revives Samsung Bid To Ax Touchscreen Patent

    The Federal Circuit on Tuesday gave Samsung a new chance to persuade the Patent Trial and Appeal Board to invalidate a UUSI LLC touchscreen patent it is accused of infringing, saying the board's decision that Samsung didn't prove invalidity was not supported by evidence.

  • June 18, 2019

    Pa. Justices Allow Surgery Risk Evidence In Med Mal Cases

    The Pennsylvania Supreme Court ruled Tuesday that evidence regarding the risks of a surgery can be admissible in medical malpractice cases, reasoning that although there is a potential for such evidence to mislead a jury, excluding it would be even more unfair.

  • June 18, 2019

    9th Circ. Judge Slams 'Opportunistic' Flip-Flop In ERISA Fight

    An en banc Ninth Circuit panel on Tuesday weighed whether the Nevada labor commissioner's appeal was moot in a case testing whether ERISA preempts a state law capping damages against general contractors, with one judge calling the commissioner's flip-flop on the mootness question "opportunistic."

  • June 18, 2019

    Del. Justices Revive Investor's Blue Bell Listeria Suit

    The Delaware Supreme Court ruled Tuesday that a Blue Bell Creameries USA investor has shown that it's plausible to suggest the company’s officers may have failed to enact measures to protect ice cream products in connection with a deadly listeria outbreak in 2015.

  • June 18, 2019

    Doc's Dropped Defect Defense Sank Med Mal Case, Panel Told

    What the family of a woman who underwent a fatally botched brain aneurysm repair thought was a "can't lose" medical malpractice case was unfairly hobbled when the doctor accused of negligence suddenly dropped his defense blaming a defective medical device, a Superior Court of Pennsylvania panel heard Tuesday.

  • June 18, 2019

    Pa. Justices Set New Work Product Rule In Defamation Case

    The Pennsylvania Supreme Court said Tuesday that emails a hospital's attorney sent to a public relations consultant are not protected by attorney-client privilege in a doctor's defamation suit, but the justices created a new rule regarding the so-called work product doctrine that they said could apply in this situation.

  • June 18, 2019

    Landlord Says Attys Can't Defend $110K Transfer To New Firm

    The former landlord for the defunct law firm Titus & McConomy told the Pennsylvania Superior Court Tuesday that two ex-partners violated the Uniform Fraudulent Transfer Act by pledging $110,000 of their assets to their new firm to cover their legal fees, instead of letting creditors seek a piece of that money in bankruptcy court.

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    DC Circ. Upholds SEC's Pay-To-Play Rule Over GOP Protest

    The D.C. Circuit affirmed Tuesday the U.S. Securities and Exchange Commission's authority to implement a rule meant to address "pay-to-play" practices by which government officials managing public funds might hire investment advisers based on their political contributions.

  • June 18, 2019

    Texas Panel Tells Trial Judge It's Time To Enter Judgment

    The Fourteenth Court of Appeals chastised a Houston trial court judge on Tuesday for an eight-month delay in entering judgment on a jury's verdict in a breach of contract case, saying the delay is “unreasonable and constitutes an abuse of discretion.”

  • June 18, 2019

    Penn ERISA Suit Revival Was Mistaken, WashU Tells 8th Circ.

    The recent revival of an Employee Retirement Income Security Act suit against the University of Pennsylvania doesn’t mean that the Eighth Circuit should breathe new life into a similar suit against Washington University, the St. Louis-based school said Monday. 

  • June 18, 2019

    Mark Cuban Urges 5th Circ. To Stop SEC 'Forum Shopping'

    Dallas Mavericks owner Mark Cuban and two hedge fund managers have told the Fifth Circuit that the U.S. Securities and Exchange Commission is depriving investors of their constitutional right to a jury by filing lawsuits before the agency's own administrative law judges.

  • June 18, 2019

    Feds Tell 2nd Circ. McDonnell Can't Save Skelos This Time

    Prosecutors urged the Second Circuit not to disturb the corruption convictions of former New York lawmaker Dean Skelos and his son Adam at a retrial last year, saying that unlike after their first trial, the U.S. Supreme Court's McDonnell ruling can't help them.

  • June 18, 2019

    NJ Care Home Wants Info On Patient's Ability To OK Contract

    Counsel for a nursing facility in a medical malpractice action urged a New Jersey state appellate panel Tuesday to enable limited discovery on whether a former patient had the mental capacity to enter into an arbitration agreement with the business, citing Third Circuit precedent on the formation of such a contract.

  • June 18, 2019

    3 Classes Keep Certification In 'Sham' Fuel Fee Suit

    An Illinois state appellate panel affirmed the certification of three nationwide classes in a lawsuit accusing a mechanical and automotive part cleaner of charging its contracting auto shops "sham" fuel surcharges for its services since 2005.

  • June 18, 2019

    Water District Withdraws 9th Circ. Appeal Over Tribe's Share

    The Ninth Circuit has granted the Central Arizona Water Conservation District's request to drop its appeal of a ruling requiring the district to deliver 10,000 acre-feet of additional water to the Ak-Chin Indian Community each year there is enough to spare.

  • June 18, 2019

    Ropes & Gray Backs Winston & Strawn In Arbitration Dispute

    Ropes & Gray entered a brief Monday to support Winston & Strawn’s push for U.S. Supreme Court review of a decision that kept a gender discrimination suit out of arbitration, arguing that law firms rely on confidential arbitration to keep sensitive client information from going public.

  • June 18, 2019

    9th Circ. Giving Free Pass On Power Deals, Solar Co. Says

    The Ninth Circuit has created a blueprint for states to stymie small-scale renewable energy development by refusing to order Montana regulators to make a utility buy power from solar projects at a price set before a now-scrapped regulatory change, the projects' developer said.

  • June 18, 2019

    NCAA Ref Calls Foul On Dismissal Of Death Threats Suit

    An NCAA referee is asking the Sixth Circuit to take up his case against a Kentucky radio station and two of its hosts, saying the hosts' alleged deliberate incitement of fans to attack his roofing business and send him death threats should not be protected by the First Amendment.

  • June 18, 2019

    Fed. Circ. Ruling Gives Patent Owners New Tool To Fight IPRs

    A Federal Circuit decision last week gives patent owners a new way to argue that inter partes review petitions should be rejected as time-barred, by holding that the bar was triggered by a merger involving a petitioner that was completed after the petition was filed.

  • June 17, 2019

    Chancery Closes Road For Hertz Mid-Case Legal Fee Appeal

    Saying that a partial judgment appeal right is not an invitation to swamp the state Supreme Court's docket, a Delaware vice chancellor on Monday rejected a motion by The Hertz Corp. for a mid-case appellate review of recent legal fee advancement awards for four executives.

  • June 17, 2019

    9th Circ. Judge Asks Litigants, 'What's Left To Fight Over?'

    A Ninth Circuit judge on Monday questioned the purpose of the latest in a string of appeals filed by the co-founder of a Big Sky, Montana, ski resort in a decadelong bankruptcy proceeding, repeatedly asking both sides, "What's left there to be fighting over?"

  • June 17, 2019

    Attys Seek $20M For 'Historic' 12-Year 401(k) Fight With ABB

    Schlichter Bogard & Denton LLP attorneys have asked a Missouri federal judge to award them $20.8 million in fees and expenses stemming from a $55 million settlement resolving a long-running class action against ABB Inc., which accused the technology company of allowing Fidelity to charge its workers excessive 401(k) plan fees.

  • June 17, 2019

    Fed. Circ.'s Vimovo Ruling Harms Innovation, Horizon Says

    The Federal Circuit has heightened the standard for patenting new drugs by requiring companies to prove that new inventions are effective to satisfy written description requirements, Horizon Pharma and Nuvo Pharmaceuticals said in a bid to get two patents for the pain reliever Vimovo revived.

Expert Analysis

  • Shippers Look To High Court For 'Safe Berth' Resolution

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    A charterer that nominates a “safe berth” to load and discharge cargo may or may not be obligated to guarantee the berth’s safety for the vessel, depending on where the issue is being litigated. The U.S. Supreme Court has an opportunity to resolve the question in its upcoming ruling in Frescatti Shipping, says Andrew Stakelum of King & Spalding.

  • 9th Circ. Got Cost-Sharing Right In Altera V. Commissioner

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    The problem underlying the Ninth Circuit’s recent Altera v. Commissioner decision is one that has long bedeviled courts considering how multinational companies should share tax costs: how to determine what unrelated parties would have done at arm’s length when comparables cannot be found, says Reuven Avi-Yonah at University of Michigan.

  • NY Yellowstone Injunction May Become Unviable For Tenants

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    Following the New York Court of Appeals' decision in 159 MP v. Redbridge allowing landlords to seek waiver of the Yellowstone injunction — a crucial lease-preservation tool for commercial tenants — negotiations over such waivers in leases will be sharply contested, say attorneys at Fried Frank.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • The State Of Article III Standing 3 Years After Spokeo

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    Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

  • Saving Seaweed Via Maine Property Law

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    The recent Maine Supreme Court decision Ross v. Acadian Seaplants serves as an example of looking to property law and land stewardship to counteract the "tragedy of the commons" that can arise when environmental resources — in this case, a type of seaweed — are publicly owned but not adequately regulated, says Gordon Smith of Verrill Dana.

  • The End Of AIA Patent Challenges By Gov't

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    This week, the U.S. Supreme Court held in Return Mail v. U.S. Postal Service that the federal government is not capable of petitioning for post-issuance review of a patent under the America Invents Act, but the practical reach of the ruling may be limited, say Scott Felder and Alexander Owczarczak of Wiley Rein.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Justices Setting New Standard For Discharged Debt Collection

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    Last week, in Taggart v. Lorenzen, the U.S. Supreme Court adopted a new, objective standard for when creditors attempting to collect a debt in violation of a discharge injunction may be sanctioned. However, the new standard likely will not have a large impact until a consensus emerges as to its application, says Tamar Dolcourt of Foley & Lardner.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • How To Discharge Student Debt: A Look At The Brunner Test

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    The Bankruptcy Code allows a discharge of student debt for "undue hardship," but fails to define the term or give further guidance. In that silence, bankruptcy courts are now speaking, with a majority of circuit courts adopting a three-factor test, cited in practically every reported decision on the topic, says Steven Werth of SulmeyerKupetz.

  • Justices Highlight Importance Of Title VII Procedural Details

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    The U.S. Supreme Court's Title VII charge-filing decision in Fort Bend County v. Davis places the burden on employers to keep a watchful eye on complaints and promptly raise defenses that may rid them of an employment discrimination claim on procedural grounds, says Arlene Switzer Steinfield of Dykema.