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Appellate

  • January 23, 2019

    Stormy Daniels Asks 9th Circ. To Revive Trump Libel Suit

    Stormy Daniels launched an appeal at the Ninth Circuit on Tuesday to revive her libel suit against President Donald Trump over his tweet about a "nonexistent man," arguing that a state statute aimed at protecting free speech should never have been applied in federal court.

  • January 22, 2019

    Fed. Circ. Upholds Win For Verizon In GPS Patent Suit

    A Delaware federal court did not err in how it construed a claim term in a patent for GPS-guided maps asserted against Verizon affiliates, the Federal Circuit determined on Tuesday.

  • January 22, 2019

    Accused 9/11 Planner Wants DC Circ. To Review Case Again

    Alleged 9/11 mastermind Khalid Shaikh Mohammad has urged the D.C. Circuit to review his military commission case for a second time, arguing it needs to resolve a messy situation keeping a military appeal in limbo, as well as address alleged conflicts involving the judge in his case.

  • January 22, 2019

    Valeant Urges Fed. Circ. To Revive Antifungal Patent

    The Patent Trial and Appeal Board invalidated a patent covering Valeant Pharmaceuticals’ Jublia by expanding the definition of what the antifungal medication treated, the drugmaker told the Federal Circuit in a bid to revive the patent.

  • January 22, 2019

    High Court Turns Down Trio Of Employment Cases

    The U.S. Supreme Court declined Tuesday to wade into three employment-related cases, including one that drew a statement by four conservative justices sharply rebuking the Ninth Circuit’s view of religious activity by public school employees.

  • January 22, 2019

    Univ. Of Md. Hospital Beats Suit Over Negligent MRSA Care

    A Maryland appellate court on Friday upheld the dismissal of a suit accusing the University of Maryland Medical Center of negligently treating a man’s MRSA infection that led to a total knee replacement, saying the suit was untimely filed.

  • January 22, 2019

    Supreme Court To Consider Reviewing Mystery Mueller Case

    The U.S. Supreme Court will consider reviewing a foreign government-owned entity's legal fight with what is reportedly Special Counsel Robert Mueller's office, allowing it to file a petition arguing that U.S. courts have no power to enforce criminal laws against foreign sovereigns.

  • January 22, 2019

    'On Sale' Ruling Shows Need For Earlier Patent Applications

    The U.S. Supreme Court’s decision not to revive a Helsinn patent on the nausea drug Aloxi has clarified the scope of the on-sale bar under the America Invents Act and underscored the need for inventors to file their patent applications as early as possible.

  • January 22, 2019

    Nurse Can't Revive Age, Gender Bias Suit At 1st Circ.

    The First Circuit on Tuesday affirmed a lower court’s toss of a suit that alleged a Massachusetts hospital worker was wrongly terminated for his age and gender, finding there was “extensive support” for the unbiased reason the hospital gave for his dismissal.

  • January 22, 2019

    Deutsche Whistleblower Claimants Seek To Make SEC Pay

    Two consultants and an anonymous tipster urged the Second Circuit on Tuesday to make the U.S. Securities and Exchange Commission give them a cut of the $55 million fine that Deutsche Bank AG paid to settle claims over risky derivatives, saying the agency was wrong to deny them payouts under its whistleblower program.

  • January 22, 2019

    Geico Beats Coverage Over NJ Motorcycle Crash On Appeal

    A split New Jersey appeals court ruled Tuesday that Geico need not cover a motorcyclist's injuries from a crash because his insurance policy doesn't cover the motorcycle, overruling a lower court that found the policy ambiguous.

  • January 22, 2019

    9th Circ. Upends Ruling For Tribe In Wash. Landslide Suit

    The Ninth Circuit on Tuesday overturned a lower court’s finding that the state of Washington was not allowed to seek indemnity from the Stillaguamish Tribe over liability for a deadly landslide, saying the tribe’s sovereign immunity couldn’t be asserted in federal court to block state court litigation.

  • January 22, 2019

    10th Circ. Says REAL ID Act Bars Review Of Habeas Petition

    The Tenth Circuit on Tuesday held that district courts do not have the jurisdiction to review tardy habeas corpus petitions under a 2005 counter-terrorism law, leaving in place a removal order filed against a Cambodian citizen who had obtained U.S. citizenship using a fake ID.

  • January 22, 2019

    Fed. Circ. Axes Adobe Appeal In Patent Contract Suit

    The Federal Circuit on Tuesday dismissed Adobe Inc.’s appeal of a lower court’s decision limiting the damages available in Adobe’s breach of contract suit against a company from which it had licensed a patent, saying the order was not an appealable final decision.

  • January 22, 2019

    9th Circ. Denies Nonclass Attys Cut Of Fees In $10B VW Deal

    Lawyers claiming their work helped secure the $10 billion settlement in multidistrict litigation from consumers over Volkswagen AG's diesel-emissions scandal cannot get a cut of attorneys' fees and costs because their contributions weren't substantial in reaching the ultimate deal, the Ninth Circuit said Tuesday.

  • January 22, 2019

    Texas Newspaper Wins Review Of Chamber Defamation Row

    The Texas Supreme Court has agreed to review whether the Corpus Christi Caller-Times defamed a former president of the local Chamber of Commerce by reporting statements made by a treasurer accusing him of filing misleading financial statements to justify his raise and bonus request.

  • January 22, 2019

    NJ Energy Cos. Say Prices Wrong In $60M Fight With Antero

    Two affiliates of a New Jersey energy company ordered to pay natural gas giant Antero Resources Corp. $60 million in a pricing dispute asked the Tenth Circuit to toss that verdict Tuesday, arguing that the index the prices were based on no longer exists.

  • January 22, 2019

    Justices Urged To OK $10M Fine For Financier’s Tax Evasion

    The government has asked the U.S. Supreme Court to decline to review the Second Circuit’s affirmation of a $10 million fine against a former Morgan Stanley attorney for tax evasion, calling the decision a “reasoned exercise of discretion.”

  • January 22, 2019

    Fed. Circ. Affirms Toshiba Win Over LCD Screen IP Suit

    The Federal Circuit on Tuesday upheld a Delaware federal judge’s ruling that LCD screens made by Toshiba Corp. and Funai Electronic Co. Ltd. did not infringe on patents owned by MiiCs & Partners America Inc., rejecting arguments by MiiCs that the judge misinterpreted a term for the location of the thin film transistor in the screens.

  • January 22, 2019

    U-Haul Doesn't Have To Cover Auto Crash Scammers In Mo.

    U-Haul received a lift from a Missouri appeals court when it ruled Tuesday that a separate court’s finding that the driver involved in an allegedly fraudulent crash was negligent doesn’t bar the company’s attempts to deny coverage to the purported crash victims.

Expert Analysis

  • Difficult Questions On Class Action Removal At High Court

    Ryan Tosi

    Based on the justices' questioning during oral arguments in Home Depot v. Jackson, the U.S. Supreme Court is grappling with the interplay of precedent, statutory text and policy issues concerning the Class Action Fairness Act, say Ryan Tosi and Scott Ofrias of K&L Gates LLP.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Virginia Is Latest State To Find Employer 'Take Home' Duty

    David Barger

    In Quisenberry v. Huntington Ingalls, the Virginia Supreme Court recently held that an employer owed a duty of care to an employee's family member who handled the employee’s asbestos-laden work clothes. The impact of this decision will extend well beyond the claims at issue, say attorneys with Greenberg Traurig LLP.

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • High Court's Emulex Issue Is Narrower Than Some Suggest

    Corban Rhodes

    Some have seen the U.S. Supreme Court’s recent decision to hear Emulex v. Gary Varjabedian as an opportunity to deny investors any ability to bring claims under Section 14(e) of the Securities Exchange Act. This effort is misguided for several reasons, say Corban Rhodes and Anna Menkova of Labaton Sucharow LLP.

  • FSIA: The Other Mystery In Mueller Subpoena Case

    Kristina Arianina

    The conversation surrounding the grand jury subpoena case related to Special Counsel Robert Mueller's investigation focuses on the “mysterious” corporation. Of broader importance, the proceedings probed the mysterious area of criminal immunity under the Foreign Sovereign Immunities Act, says Kristina Arianina of Squire Patton Boggs LLP.

  • 5 Fraud Insurance Decisions Sure To Shape 2019

    Patricia Carreiro

    Last year, the circuit split on computer fraud insurance coverage continued, with courts slightly favoring coverage for phishing scams, but oversimplifying those decisions into a simple coverage versus no-coverage distinction would be a mistake, says Patricia Carreiro of Axinn Veltrop & Harkrider LLP.

  • Hospitals Have Hope As Justices Mull Medicare Case

    Mark Polston

    U.S. Supreme Court oral arguments in Azar v. Allina Health Services seemed to favor a ruling that could mean billions of dollars in additional Medicare payments to many hospitals. But the case also could significantly affect Centers for Medicare & Medicaid Services operations, say Mark Polston and Matthew Horton of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.