Appellate

  • February 24, 2020

    High Court Could Add $4.3B To Terror Ruling Against Sudan

    Sudan could face an additional $4.3 billion in punitive damages for the 1998 embassy bombings in Kenya and Tanzania after the U.S. Supreme Court on Monday pushed back heavily against the country’s argument that punitive damages should not be available for terror attacks before 2008.

  • February 24, 2020

    USPTO Faults Co. For Not Requesting IPR Redo After Arthrex

    North Star Innovations Inc. waived its right to get a rehearing under Arthrex by not asking the Patent Trial and Appeal Board for one after the Federal Circuit’s explosive decision, the U.S. Patent and Trademark Office has told the appeals court.

  • February 24, 2020

    New Precedent Set As La. Asbestos Suit Sent To Federal Court

    The full Fifth Circuit on Monday unraveled its "extraordinarily confused" court precedent on federal removal requirements, ruling a former U.S. Navy machinist's asbestos exposure suit against shipbuilder Huntington Ingalls Inc. belongs in federal court because it relates to a government contract.

  • February 24, 2020

    Justices Rebuff Fraud Conviction, ADA Cases

    The U.S. Supreme Court on Monday declined to review the criminal convictions of two scientists who fraudulently obtained $10.5 million in public grants, skipped an Americans with Disabilities Act case involving plasma donations and said it will meet again soon to discuss a legal challenge to the entire Affordable Care Act.

  • February 24, 2020

    Trump's Abortion Referral 'Gag Rule' Survives At 9th Circ.

    A split en banc Ninth Circuit on Monday rejected attempts to block the Trump administration's so-called gag rule barring federally funded health care providers from giving abortion referrals, saying the U.S. Department of Health and Human Services rule is valid.

  • February 24, 2020

    Split 7th Circ. Resurrects $75M Antitrust Suit Against Comcast

    The Seventh Circuit on Monday revived a $75 million suit accusing Comcast of refusing to work with advertisers who don't use the cable giant's internal advertising system, saying there was sufficient evidence to put the claims before a jury.

  • February 24, 2020

    9th Circ. Refuses To Block Calif. Pay-For-Delay Ban

    The Ninth Circuit on Monday rejected a bid from a group of generic pharmaceutical companies to block a new California law prohibiting most pay-for-delay settlements between generic and branded drugmakers.

  • February 24, 2020

    6th Circ. Says Auto Parts Co. Can't Arbitrate Price-Fixing Suit

    The Sixth Circuit said Monday that KYB Corp. can't force into arbitration a suit accusing it of conspiring with other auto parts manufacturers to fix prices on shock absorbers, saying there was no valid arbitration agreement in the direct purchaser plaintiffs’ limited warranty.

  • February 24, 2020

    Cayuga Tribe Seizes, Razes Buildings Amid Leadership Fight

    The Cayuga Nation on Saturday took control of property that had been held by a political faction in the New York tribe’s leadership dispute, knocking down several buildings for “public safety” reasons, according to a tribal statement.

  • February 24, 2020

    Physician's Aide Must Face Opioid Charges; Doc Ducks Them

    A physician's assistant charged with pretending to be a doctor and handing out unnecessary opioid prescriptions will have to face some of the previously dismissed charges against him, while his supervising physician is off the hook, a New Jersey state appeals court ruled Monday.

  • February 24, 2020

    Architect Of Opioid MDL 'Negotiation Class' Dies Suddenly

    Francis McGovern, one of the three special masters in the opioid multidistrict litigation, who played a key role in crafting a novel "negotiation class" with the aim of seeking a nationwide deal, recently died at the age of 75.

  • February 24, 2020

    Justices Won't Review Reversal Of $7M Baby Injury Award

    The U.S. Supreme Court refused Monday to review a Fourth Circuit ruling erasing a $7.1 million bench verdict for a mother whose newborn's breathing problem was allegedly not properly addressed by a treating doctor, resulting in brain damage to the infant.

  • February 24, 2020

    Justices Pass On Law Firm Exec's Challenge To $1.8M Order

    The U.S. Supreme Court on Monday declined to hear an appeal challenging the Federal Trade Commission’s win against a top official with Advantis Law PC and Brookstone Law PC, who was ordered to pay nearly $1.8 million for helping to orchestrate a scam that stole millions from distressed homeowners.

  • February 24, 2020

    Genzyme Medical Device Suit Heads To Mass. High Court

    A suit alleging that a medical supplement manufactured by Genzyme Corp. injured a woman suffering from arthritis is heading to Massachusetts’ highest court, with Genzyme arguing that a state court judge was wrong to not dismiss the “bare bones” complaint.

  • February 24, 2020

    FCC Eyes Taking Ownership Limit Row To High Court

    A top official at the Federal Communications Commission said Monday the government is giving "serious consideration" to asking the U.S. Supreme Court to step in and resolve the agency's long-running battle with a Third Circuit panel over relaxing local media ownership rules.

  • February 24, 2020

    Rail Co. Tells 7th Circ. Land Seller Liable For Superfund Cost

    An Illinois court wrongly ruled a railroad land purchaser must reimburse the seller for its share of a $10.5 million Superfund settlement, the buyer told the Seventh Circuit, arguing a power plant's demand for payment came within the purchasing agreement's indemnity period.

  • February 24, 2020

    Dish Says 4th Circ. Appeal Halts $61M TCPA Payout

    Dish Network has told a North Carolina federal judge that the $61 million judgment the company was hit with after being found responsible for illegal telemarketing calls made on its behalf by a marketing company cannot be disbursed because Dish has appealed the disbursement to the Fourth Circuit.

  • February 24, 2020

    Royal Caribbean $3.4M Death Award Is Valid, 11th Circ. Told

    The daughter of a Wisconsin man who died after having a heart attack while aboard a Royal Caribbean cruise has told the Eleventh Circuit that a Florida federal jury's $3.4 million wrongful death verdict should stand, saying the company can't call on Wisconsin law to escape damages.

  • February 24, 2020

    2nd Circ. Won't Revive Chinese Christian's Asylum Bid

    A Chinese national who converted to Christianity and plans to join an unregistered church in her home country had her asylum bid thwarted when the Second Circuit backed a decision finding she failed to prove a fear of persecution.

  • February 24, 2020

    Justices Turn Down Forex Market Maker's Defamation Suit

    The U.S. Supreme Court said Monday it won't revive foreign exchange market maker Effex Capital LLC's defamation suit against the National Futures Association, leaving a Seventh Circuit ruling dismissing the case intact.

  • February 24, 2020

    Ill. Court Affirms Midtrial Win In Patient Internal Bleeding Suit

    A man who suffered internal bleeding after a stent was placed in his heart failed to mount enough expert evidence to show that an alleged delay in his treatment at a Chicago hospital caused his intestinal injuries, an Illinois appeals court has found.

  • February 24, 2020

    Justices Won't Review Dakota Access Land Grab Ruling

    The U.S. Supreme Court on Monday declined to review a decision by the Iowa Supreme Court concluding that the state condemning private land for the Dakota Access crude oil pipeline didn't violate the Fifth Amendment's takings clause.

  • February 24, 2020

    High Court Passes On Quartet Of Employment Cases

    The U.S. Supreme Court on Monday declined to wade into a former Citigroup adviser's retaliation case, refused to review a wrongful termination suit from a fired football coach who criticized the school he worked for on Facebook, turned away a chance to clarify the "convincing mosaic" standard used in bias cases, and opted not to scrutinize whether LA County was immune from an overtime collective action.

  • February 24, 2020

    Justices Pass On $550M Self-Dealing Claims In Mesh MDL

    The U.S. Supreme Court on Monday refused to hear a case accusing the West Virginia federal judge who oversaw the sprawling pelvic mesh litigation of using an "unprecedented" appeals waiver clause to prevent scrutiny of a "troubling" process that saw eight firms award themselves the bulk of a $550 million fee fund.

  • February 24, 2020

    Justices Won't Review Apple's $439M Loss, 3 Other IP Cases

    The U.S. Supreme Court turned away four intellectual property cases on Monday, including Apple’s appeal of a $439 million judgment in its dispute with VirnetX and Cisco's bid to overturn a $24 million verdict by invoking the court's Alice decision.

Expert Analysis

  • Courts May Clash With Litigants Over Document Review Tech

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    As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • 3rd Circ. Philly Pay History Ruling May Set National Bar

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    The Third Circuit’s recent decision upholding Philadelphia’s law that bans employers from asking about salary history is likely to support similar legislation across the country, and is relevant to how courts may assess the evidence required for justification, say Reilly Moore and Robert Dumbacher at Hunton.

  • Pharma Ruling Broadens Gov't Drug Procurement Options

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    In Acetris Health v. U.S., the Federal Circuit's decision that a company sourcing active pharmaceutical ingredients from India could sell them to the U.S. government greatly expanded foreign-produced pharmaceutical products available for U.S. procurement, say attorneys at K&L Gates.

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • Climate Ruling May Help Future Plaintiffs Establish Causation

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    The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Opinion

    High Court Should Not Abet Google's Efficient IP Infringement

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    ​​​​​​​A U.S. Supreme Court ruling in favor of Google in its copyright infringement battle with Oracle would vindicate the search engine’s ruthless economic calculus, encourage IP abuse and dissuade future victims from bringing challenges, says James Skyles of Skyles Law Group.

  • Don’t Bet On Constitutionality Of Daily Fantasy Sports In NY

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    A New York state court's recent decision in White v. Cuomo that daily fantasy sports are unconstitutional means that while the services may continue to legally operate, they face an uncertain future until the state’s highest court weighs in or the Legislature amends the constitution, say attorneys at Faegre Drinker.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • Key Trade Secrets Developments Of 2019: Part 2

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    Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

  • Using IRS Supervisory Approval Rules To Fight Tax Penalties

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    A full understanding of the IRS' internal penalty approval rules can enable advisers to help taxpayers avoid penalties in many instances where the IRS has failed to meet its procedural obligations, say attorneys at McDermott.

  • Justices Poised To Reshape Employer Religious Bias Issues

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    Two cases before the U.S. Supreme Court this term have the potential to transform a doctrine that exempts religious organizations from employment discrimination claims by their ministers, and a case that may be accepted for review could change Title VII’s undue hardship standard for religious accommodations, says Sarah Schanz at McDermott.

  • How Montana Fossil Ruling Could Affect Oil And Gas Cos.

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    The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

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