Appellate

  • January 22, 2020

    DC Circ. Won't Reconsider EPA Pollution Policy Ruling

    The D.C. Circuit on Wednesday rejected a request by environmentalists and California to reconsider a split panel's ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.

  • January 22, 2020

    Congress Weighs In On SEC Disgorgement Power Challenge

    Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.

  • January 22, 2020

    NJ High Court Challenges Bid To Stop High-Rises Over Safety

    The New Jersey Supreme Court stressed Wednesday that a provision of the state Municipal Land Use Law does not permit upending final approval of a development project over public health and safety concerns as the justices challenged Hoboken’s ongoing bid to derail construction of two high-rise residential buildings along the Hudson River.

  • January 22, 2020

    Bridgestone Unit Must Face Suit Over Man's Quadriplegia

    A Florida appellate panel on Wednesday revived a suit seeking to hold a Bridgestone Corp. unit liable for a motorist's quadriplegia sustained in an auto collision, saying the trial judge improperly assessed the credibility of the motorist's deposition testimony.

  • January 22, 2020

    BNSF Conductor's $3.1M Injury Award Wiped Out Once Again

    A Kansas appeals court has again voided a $3.1 million verdict against BNSF Railway Co. for a conductor’s slow-developing back injury, saying the worker’s counsel made an improper closing argument intended to “inflame the passions of the jury” and that warranted a retrial.

  • January 22, 2020

    Justices Ask If Religious Tax Credit Ban Is Constitutional

    U.S. Supreme Court justices questioned Wednesday whether the Montana Supreme Court's decision abolishing a scholarship program granting tax credits for donations to private schools, including religious ones, violated the Constitution.

  • January 22, 2020

    7th Circ. Sets Fee Penalty For Atty Who Filed 'Monstrosity'

    The Seventh Circuit on Wednesday set the legal fees that an attorney must shell out to his adversaries as punishment for allowing a client to compose a "monstrosity of an appellate brief" on the lawyer's behalf.

  • January 22, 2020

    Ex-Domino's Driver Asks 6th Circ. To Revive No-Poach Suit

    A former driver for Domino's Pizza Inc. has told the Sixth Circuit that the lower court was wrong to force his case targeting no-poach provisions in the chain's franchise agreements into arbitration.

  • January 22, 2020

    Judge Confused By 11th Circ.'s Mandate In Biofuel Bankruptcy

    A Florida federal judge on Wednesday told former biofuel business partners fighting over what one claims was a bad faith involuntary bankruptcy that he’s not sure how to proceed in the case after the Eleventh Circuit vacated his ruling but gave no explanation why.

  • January 22, 2020

    Minn. Supreme Court OKs Minneapolis' $15 Minimum Wage

    The Minnesota Supreme Court on Wednesday upheld a Minneapolis ordinance that gradually lifts the city’s minimum wage to $15, rejecting Graco Inc.’s claims the measure conflicts with the state's lower minimum wage.

  • January 22, 2020

    Mass. Tribe Urges 1st Circ. To Undo Casino Permit Ruling

    The Wampanoag Tribe of Gay Head (Aquinnah) urged the First Circuit on Tuesday to overturn a Massachusetts federal judge’s ruling that the tribe must obtain municipal permits to build its planned Martha’s Vineyard casino, saying the decision violates the federal Indian Gaming Regulatory Act.

  • January 22, 2020

    Oracle Says Microsoft Winning JEDI Doesn't Moot Protest

    Oracle argued to keep alive its lawsuit alleging that the Pentagon's search for a company for its $10 billion cloud computing contract unfairly favored Amazon, saying Microsoft ultimately winning the deal doesn't render its challenge moot.

  • January 22, 2020

    5th Circ. Asked To Revisit OK Of Wind Investors' $63M Award

    The American arm of China's state-run aerospace corporation has urged the Fifth Circuit to reconsider its decision to enforce a $62.9 million arbitral award in favor of fellow investors in a failed wind energy joint venture, saying the decision threatens to "eviscerate" safeguards essential to ensuring fairness.

  • January 22, 2020

    Walmart Asks 9th Circ. To Rethink Truckers' $55M Wage Win

    Wal-Mart Stores Inc. asked the Ninth Circuit on Tuesday to take another look at a panel decision from earlier this month that affirmed a $54.6 million jury win for truckers who said the retailer violated California law by not paying minimum wage for breaks and other work interruptions.

  • January 22, 2020

    NYC Rent Abatement Dispute Can Proceed As Class Action

    A rent abatement suit against the New York City Housing Authority can go forward as a class action, a move that will avoid the need for hundreds of thousands of individual civil court claims, according to a decision earlier this week from the New York State Appellate Division.

  • January 22, 2020

    11th Circ. Backs Citrus Grove In Pipeline Land Value Row

    The Eleventh Circuit affirmed Wednesday that a Florida federal court properly allowed a citrus grove owner to personally opine about the value of her land in a condemnation fight with a natural gas pipeline operator, ruling that her testimony wasn’t merely speculative because it drew from her property sales experience.

  • January 22, 2020

    Energy Cos. Tell 1st Circ. Climate Case Belongs In Fed. Court

    Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.

  • January 22, 2020

    7th Circ. Asked To Keep Ind. 'Smokable Hemp' Ban Paused

    A group of hemp and CBD companies told the Seventh Circuit that Indiana’s ban on smokable hemp is unconstitutional and was rightly blocked by a federal court, urging the judges to look past the state’s “fearmongering” about the crop’s physical similarity to marijuana.

  • January 22, 2020

    9th Circ. Urged To Revive LG, Samsung Anti-Poaching Suit

    LG and Samsung should face class action claims they broke antitrust laws by agreeing not to poach each other's workers, an attorney for two former LG employees told a Ninth Circuit panel at a hearing Wednesday, saying a decision that tossed the suit raised the pleading standard and frustrated congressional intent.

  • January 22, 2020

    7th Circ. Mulls Restoring $3M Verdict For Reed Smith Widow

    The widow of a Reed Smith partner asked the Seventh Circuit on Wednesday to restore her $3 million verdict against GlaxoSmithKline, but judges on the panel were skeptical the lower court abused its discretion when it decided a U.S. Supreme Court ruling didn't warrant a second look at her case.

  • January 22, 2020

    Venator, Underwriters Score An Out From IPO Fraud Suit

    A Texas appellate court has tossed securities fraud claims brought by investors against pigment maker Venator Materials PLC, its executives and underwriters, ruling a state court has no jurisdiction over those groups and their alleged roles in delaying the release of information about a fire at a production facility.

  • January 22, 2020

    Cleaners Ask California High Court To Broaden Dynamex

    A group of janitors has made the first move in a pivotal California Supreme Court debate over the scope of the court's landmark Dynamex decision, saying the ruling not only applies retroactively to worker misclassification claims but also covers joint employment disputes.

  • January 22, 2020

    4th Circ. Won't Revive Commodities Firm's Oil Deal Suit

    The Fourth Circuit on Wednesday refused to revive a Swiss commodities trading company's suit accusing executives of a British Virgin Islands petroleum company of costing it at least $30 million through misrepresentations on a deal to transport fuel from Iraq.

  • January 22, 2020

    Kraft Urges 7th Circ. To Decertify Class In Wheat Market Suit

    Kraft Foods has asked the Seventh Circuit to allow it to immediately appeal certification of a class of investors in a wheat market manipulation suit that it says is overly broad and caused the company's potential exposure in the case to skyrocket. 

  • January 22, 2020

    NJ Justices Dig Into Logic Of TD Bank Forged Checks Ruling

    The New Jersey Supreme Court sounded skeptical Wednesday that a dentist could pursue a state Uniform Fiduciaries Law claim against TD Bank for accepting checks fraudulently deposited by his then-employees, challenging his stance that they became fiduciaries via their misconduct.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • A Noncompete Consideration Split In Ill. State, Federal Courts

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    Two recent decisions illustrate the division between Illinois state and federal courts over what constitutes adequate consideration to support enforceable noncompete agreements, but simple drafting practices can render the debate irrelevant in either court system, say attorneys at Michael Best.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

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    The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

  • Stark Law Uncertainty Follows 3rd Circ.'s UPMC Opinion

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    The Third Circuit recently amended its September decision in U.S. v. University of Pittsburgh Medical Center, removing a controversial interpretation of the volume-or-value standard under the Stark Law. However, the court's approach is not in line with the Centers for Medicare & Medicaid Services' analysis regarding indirect compensation arrangements, says Karl Thallner of Reed Smith.

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • 5 Predictions For FCPA Enforcement In 2020

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    In addition to joining the chorus of others who predict that increased global engagement by U.S. authorities will lead to record levels of Foreign Corrupt Practices Act enforcement, we also expect 2020 will bring changes in FCPA restitution, calculation of damages, declinations to prosecute and more, say attorneys at V&E.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • State Net

    Obamacare Clings To Life As States Expand Medicaid

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    While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

  • Calif. Ruling Clears Up Pay Stub Rules For Company Names

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    A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.

  • SG Argument Likely Dooms Ariz. Tax Case At High Court

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    In Arizona's case challenging California's doing business tax, the solicitor general's recently filed amicus brief arguing that Arizona's constitutional challenge does not warrant the U.S. Supreme Court’s exercise of its original jurisdiction may signal the end of Arizona's attempt to bypass state court, say Robert Merten and Mike Le at Pillsbury.

  • FIRREA Remains Potent Civil Fraud Enforcement Tool

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    Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

  • Bias Case Gives Justices Chance To Rethink Title VII

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    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • Top 10 Employment Law Developments Of The Decade: Part 2

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    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.