Appellate

  • December 15, 2017

    BREAKING: Fed. Circ. Rules Ban On 'Scandalous' Trademarks Unconstitutional

    The Federal Circuit ruled Friday that the U.S. Supreme Court's recent decision striking down the Lanham Act's ban on "disparaging" trademark registrations means a ruling barring "scandalous and immoral" marks is also unconstitutional.

  • December 14, 2017

    AGs Want High Court To OK Microsoft Overseas Data Access

    A coalition of 35 state attorneys general urged the U.S. Supreme Court on Wednesday to strike down a ruling that the federal government can’t access user data stored overseas by Microsoft, saying the “remarkable” decision gives too much control to private companies, while the European Commission and the U.K. and Irish governments separately weighed in on the dispute.

  • December 14, 2017

    Ex-Radnor CEO Wants 3rd Circ. To Rethink Skadden Win

    The former CEO of bankrupt Radnor Holdings Corp. asked the Third Circuit on Thursday to reconsider its decision that the statute of limitations barred his suit alleging Skadden Arps Slate Meagher & Flom LLP hid a conflict of interest during the company's bankruptcy proceedings.

  • December 14, 2017

    Ill. Appeals Court Revives Hospital Worker's Retaliation Suit

    A man who claimed he was fired in retaliation for reporting sexual harassment at work will have his day in court, an Illinois appellate panel ruled Wednesday in reversing a trial court's dismissal of his case against an Illinois hospital.

  • December 14, 2017

    Insurer Off Hook In River Contamination Row, 3rd Circ. Says

    Indian Harbor Insurance Co. doesn’t need to defend a lead pigment maker in a suit over river contamination, the Third Circuit ruled Thursday, affirming a lower court’s ruling that the company was only able to slip through an exclusion loophole due to "scrivener's error.”

  • December 14, 2017

    NY High Court Says 'Wrongful Birth' Claims Start At Birth

    New York’s highest court ruled Thursday in favor of two couples claiming they wouldn’t have had children through a fertility clinic had they known the egg donor was a genetic defect carrier, saying the statute of limitations began running at birth, rather than the date of the alleged medical malpractice.

  • December 14, 2017

    DACA Suit Discovery Bids Risk Upending Agency Law: Feds

    Forcing the Trump administration to turn over documents that could explain why it ended the Deferred Action for Childhood Arrivals program would be a “revolution in agency law,” the government told the Second Circuit on Thursday, as it made its case for shutting down a lower court’s discovery order.

  • December 14, 2017

    Defect Notice May Trigger Defense Coverage: Fla. Justices

    The Florida Supreme Court ruled Thursday that a proceeding for resolving construction defect disputes prior to litigation constitutes a "suit" that may trigger a general liability insurer's duty to defend a policyholder, provided that the insurance company consents to the insured's participating in the process.

  • December 14, 2017

    3 Takeaways As Fed. Circ. Limits Biosimilar Lawsuits

    The Federal Circuit on Thursday averted potential chaos by not letting drugmakers use a wide variety of state laws to extract biosimilar manufacturing information from rivals, and its ruling will turn attention to what sort of information rivals must provide under federal law.

  • December 14, 2017

    Texas Panel Flips Dismissal Bid Nix In Patient Death Suit

    A Texas appellate panel said Thursday a trial judge shouldn't have denied a dismissal bid in a medical malpractice suit alleging a doctor caused a patient's death by failing to timely order exploratory surgery, saying the estate’s expert testimony was "conclusory and inconsistent."

  • December 14, 2017

    Senate Confirms Gibson Dunn Vet For 5th Circ.

    Gibson Dunn & Crutcher LLP partner James C. Ho is heading to the Fifth Circuit after a Senate vote Thursday confirmed him to the post as President Donald Trump’s 12th appellate judge confirmed this year.

  • December 14, 2017

    Trump To Appeal Ruling Blocking 'Sanctuary Cities' Order

    The Trump administration is appealing to the Ninth Circuit a California federal judge’s decision blocking enforcement of an executive order to withhold federal funds from so-called sanctuary cities, according to court documents filed on Thursday.

  • December 14, 2017

    9th Circ. Chief Launches Kozinski Sex Misconduct Inquiry

    The chief judge of the Ninth Circuit on Thursday ordered a judicial misconduct inquiry into U.S. Circuit Judge Alex Kozinski over media reports the judge showed female clerks pornography and committed other acts of sexual misconduct.

  • December 14, 2017

    Appeal Says Fla. Ignored Rules In Hospice License Denial

    A Florida appeals court on Thursday weighed whether the state Agency for Health Care Administration properly considered the presence of a regional monopoly in hospice services when it denied “certificate of need” approval to a provider seeking to start a new program in Sarasota County.

  • December 14, 2017

    Expanded Drone Registry To Spark More Enforcement Action

    A legislative fix signed into law by President Donald Trump on Tuesday reinstated a mandate for recreational drone users to register with the federal government, a move that experts say paves the way for more enforcement actions related to privacy, safety and national security.

  • December 14, 2017

    Immigrant Fires Back In High Court ‘Habitual Drunkard’ Case

    A Mexican native replied to the federal government’s brief before the U.S. Supreme Court saying that it cannot ignore the actual language of the statute under which he was denied deportation relief on the basis that he was a “habitual drunkard” in reviewing its constitutionality.

  • December 14, 2017

    Miccosukee Ask Justices To Skip Tribal Immunity Case

    The Miccosukee Tribe of Indians of Florida urged the U.S. Supreme Court on Wednesday not to take up a law firm's challenge to a state appellate court ruling that the tribe was shielded from malicious prosecution claims, saying the state decision found the tribe didn’t waive its sovereign immunity.

  • December 14, 2017

    Split Texas Panel Sides With AG In Medicaid Docs Fight

    A split Texas appellate panel on Thursday sided with Texas Attorney General Ken Paxton in his fight over access to documents regarding health care service providers' claims for Medicaid reimbursement, overturning a district court win for the Texas Health and Human Services Commission, which had argued the documents weren't subject to open records laws.

  • December 14, 2017

    Anti-Vaxxer Can't Sue Hospital Over Firing, 3rd Circ. Says

    A Philadelphia hospital was justified in firing an employee who refused to receive a flu shot, the Third Circuit affirmed on Thursday, finding in a precedential opinion that his opposition to vaccination was not based on his religious beliefs.

  • December 14, 2017

    6th Circ. Rules Tenn. County Can Assert Its Tax Claim

    A Tennessee county should not be denied an opportunity to assert a claim in court for delinquent taxes on property seized by the U.S. government in a criminal investigation, and a district court erred in holding it had no jurisdiction over the issue, a Sixth Circuit panel ruled Wednesday.

Expert Analysis

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • New Wine In Old Bottles: RCRA's Anti-Duplication Clause

    Anthony Cavender

    Last month, the Ninth Circuit became the latest federal appellate court to consider the implications of the anti-duplication provision of the Resource Conservation and Recovery Act. This is an important decision because it further clarifies the limiting scope of this provision, which is unique to RCRA, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    Senators Must Work Harder To Properly Judge Our Judges

    Todd Cox

    On Tuesday, the Senate confirmed L. Steven Grasz to a seat on the Eighth Circuit despite a “unanimously not qualified” rating from American Bar Association — a rating that has been awarded just twice before. This sounds damning, and it is, but it’s even worse when you understand how the ABA conducts its assessments, says Todd Cox, director of policy at the NAACP Legal Defense and Educational Fund.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • New Obstacles For VPPA Plaintiffs At 9th Circ.

    Joshua Jessen

    Although the lure of hefty statutory damages under the Video Privacy Protection Act means that VPPA litigation will almost certainly continue, the Ninth Circuit's recent decision in Eichenberger v. ESPN is another setback for plaintiffs attempting to map this pre-internet law onto modern platforms that serve video content, say attorneys with Gibson Dunn & Crutcher LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Weighing Wedding Cake Questions At The High Court

    Joel Kurtzberg

    Last week, the U.S. Supreme Court heard oral arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission. While there are many ways the court could slice this case, it seems likely the vote will be 5-4 with Justice Anthony Kennedy casting the deciding vote, says Joel Kurtzberg of Cahill Gordon & Reindel LLP.

  • 4th Circ. Deals Blow To Securities Fraud Plaintiffs

    Colby Smith

    By cabining material misrepresentation and scienter within their respective domains, the Fourth Circuit in Maguire Financial v. PowerSecure highlighted the onerous bar securities fraud plaintiffs must meet for their claims to survive dismissal, say attorneys with Debevoise & Plimpton LLP.

  • Series

    My Supreme Court Debut: No Room For Nervousness

    Jonathan Herstoff

    Although Hamer v. Neighborhood Housing Services was not the first time I had worked on a certiorari petition, it was the first time I had personally taken on a case in which my initial involvement was at the U.S. Supreme Court level, says Jonathan Herstoff of Haug Partners.

  • Does The Path To The Right Venue Have To Be Narrow?

    Sue Robinson

    If you juxtapose the “narrow interpretation” language of the post-TC Heartland decisions with the actual contexts in which the Supreme Court uttered such dicta, it should not be a foregone conclusion that the court meant to eschew all contemporary insights when interpreting the patent venue statute, says Sue Robinson, an attorney at Farnan LLP and former Delaware federal judge.