Appellate

  • August 23, 2019

    Trump Calls 2nd Circ. Ban On Twitter Blocks 'Misconceived'

    President Donald Trump on Friday asked the full Second Circuit to take another look at an appeal panel’s earlier ruling that the president violated the First Amendment by blocking critics on Twitter, calling the panel’s decision “fundamentally misconceived.”

  • August 23, 2019

    8th Circ. Reopens Suit Over Same-Sex Wedding Videos

    A Minnesota media company can seek an injunction blocking state regulators from enforcing a public accommodations law that protects gay people from bias if it refuses to shoot video of gay weddings, the Eighth Circuit ruled Friday.

  • August 23, 2019

    9th Circ. Wants Feds' Take On Counties' VW Emissions Fight

    The Ninth Circuit has asked the federal government to weigh in on whether the Clean Air Act keeps state and local authorities from going after Volkswagen, affiliates Audi of America LLC and Porsche Cars North America Inc., and auto parts maker Robert Bosch LLC for allegedly tampering with vehicle emission controls.

  • August 23, 2019

    Contractor Can't Duck Abu Ghraib Torture Suit, 4th Circ. Says

    The Fourth Circuit refused to shield a unit of CACI International from torture claims brought by former prisoners at Abu Ghraib, although one judge warned in a concurrence that the decision could carry serious consequences for future challenges to U.S. military activities.

  • August 23, 2019

    FTC Enforcement Faces Uncertainty After 7th Circ. Ruling

    A Seventh Circuit ruling overturning a $5 million restitution award scored by the Federal Trade Commission in a deceptive practices case could spell trouble ahead for the agency's enforcement program and reveals a circuit split that the U.S. Supreme Court may wind up having to resolve.

  • August 23, 2019

    Chamber Rebuts Broad Autodialer Definition In TCPA Appeal

    The Chamber of Commerce asked the Seventh Circuit Thursday to affirm that AT&T did not violate the Telephone Consumer Protection Act when it sent mass texts to customers in Spanish, saying a consumer seeking to reverse the lower court's ruling is pushing a definition of an autodialer that is overly broad.

  • August 23, 2019

    Ex-NFLers Ask 9th Circ. To Save Painkiller Suit Once Again

    Former players who accused the NFL of maintaining a policy of using painkillers to get players back on the field without regard for their long-term health are asking the Ninth Circuit to revive their lawsuit once again, arguing a California federal judge made a “colossal misstep” in tossing their suit for a second time.

  • August 23, 2019

    Punitives Axed In Suit Over NY Patient Wrongly Declared Dead

    A New York appellate panel has affirmed the dismissal of a punitive damages claim in a suit accusing health care providers of wrongly pronouncing a cardiac arrest patient dead, saying under the circumstances of the case the alleged conduct wasn’t reckless or malicious.

  • August 23, 2019

    NJ Hospital Must Face Suit Over Child's Leg Amputation

    The New Jersey state appeals court on Friday revived medical malpractice claims against a hospital and four of its nurses for a misdiagnosis that led to a child's leg amputation, ruling that a lower court should have considered an expert's opinion that they deviated from the standard of care.

  • August 23, 2019

    Texas Doc Can't Ax $1.8M Judgment Over Cotton Ball In Brain

    A neurosurgeon who left a cotton ball inside a patient's brain — requiring a second procedure that left her disabled — cannot get a $1.8 million judgment against him tossed, a Texas appellate court has held, rejecting the doctor's attack on both the timing of the suit and the evidence.

  • August 23, 2019

    Title VII Doesn't Ban LGBT Bias, High Court Hears

    Opponents of expanding Title VII to cover LGBT workers told the U.S. Supreme Court ahead of a Friday amicus brief deadline that a broad reading of the statute by the justices will lead to the violation of free speech rights for those who believe that sex is physiology-based and could result in women being disadvantaged.   

  • August 23, 2019

    Missing Expert Report Kills NJ Legal Malpractice Suit

    The New Jersey state appeals court on Friday refused to revive a suit over a solo attorney's alleged mishandling of a medical malpractice matter, ruling that the former client failed to provide an expert opinion backing his claims that the attorney ran afoul of professional standards.

  • August 23, 2019

    7th Circ. Says It's Too Late For Ind. Cost Recovery Suit

    The Seventh Circuit affirmed a lower court and said too much time had passed for Refined Metals Corp. to sue to recoup cleanup costs from the prior owner of a lead smelter site in Indiana under the Superfund act.

  • August 23, 2019

    Greenberg's Miami Appellate Chair Heads To Shutts & Bowen

    Florida law firm Shutts & Bowen LLP announced Friday that it has added the former chair of Greenberg Traurig LLP's Miami appellate division to lead its appellate practice in the Magic City.

  • August 23, 2019

    9th Circ. Affirms Immigration Atty's EB-5 Fraud Suit Loss

    The Ninth Circuit refused Friday to free an immigration attorney from a finding that EB-5 investments he facilitated qualified as securities, making him an unregistered broker who violated various securities laws.

  • August 23, 2019

    Driller's Inaction Voided Gas Lease Rights, Pa. Panel Rules

    A Pennsylvania appeals court ruled in a published decision on Friday that an oil and gas driller was not entitled to take advantage of lease provisions allowing it to maintain possession of acreage around a set of wells it drilled after it effectively abandoned its work on the properties.

  • August 23, 2019

    6th Circ. Snuffs Ex-GM Truckers' Contract Row With UAW

    The Sixth Circuit on Friday rejected a long-running suit from drivers for General Motors' former trucking division claiming their labor union and the company cut them a raw deal during GM's restructuring a decade ago that foisted low salaries and early retirement onto the drivers.

  • August 23, 2019

    6th Circ. Says Judge Overstepped In U. Mich. Sex Assault Row

    A Michigan federal judge abused his power by both ordering the president of the University of Michigan to appear at a settlement conference involving sexual assault allegations against a student and by making the session public two days before the scheduled date of the conference, the Sixth Circuit has held.

  • August 23, 2019

    Boston DA Asks 1st Circ. To Revive Secret-Recordings Ban

    Boston's district attorney told the First Circuit a lower court went too far in declaring Massachusetts' blanket ban on secret recordings to be unconstitutional, saying in a brief filed Friday that allowing secret recordings of police and public officials could harm unwitting third parties.

  • August 23, 2019

    BNSF Can't Undo EEOC's Disability Bias Win, High Court Told

    A job applicant told the U.S. Supreme Court that the Ninth Circuit correctly found that BNSF Railway Co. illegally rescinded his job offer after he declined to pay for his own MRI, rejecting the railroad’s claim that there was no disability bias toward the applicant.

  • August 23, 2019

    7th Circ. Says FTC's $5M Restitution Award Can't Stick

    The Seventh Circuit has tossed a $5.2 million restitution award the Federal Trade Commission won in a case against an allegedly deceptive credit monitoring service, overturning precedent to find that the statute the agency sued under doesn't authorize such an award.

  • August 23, 2019

    PROMESA Board Is Unconstitutional, Aurelius Tells Justices

    Aurelius Capital Management LP wants the U.S. Supreme Court to tear out Puerto Rico's federally appointed oversight board root and branch, saying the Constitution demands nothing less and scoffing at the government's claims that doing so would unleash chaos at a critical point in the island's colossal $125 billion restructuring.

  • August 23, 2019

    9th Circ. Asked To Return Cox False Ad Suit To State Court

    A Cox Communications customer that sued the provider for allegedly lying about its internet speeds has pressed the Ninth Circuit to rethink a decision keeping the case in federal court, arguing the panel didn't dig deep enough into the evidence to back up the ruling.

  • August 23, 2019

    2nd Circ. Goes Into Fact-Finding Mode On Trump Subpoenas

    The Second Circuit on Friday asked two banks to disclose if they are in possession of Donald Trump's tax returns, as it ponders the legality of demands for the Republican president's banking records by congressional Democrats investigating international money laundering.

  • August 23, 2019

    3rd Circ. Agrees To En Banc Review In Amazon Liability Suit

    The Third Circuit on Friday granted Amazon's petition for an en banc rehearing of the court's precedential decision that found the online retailer could be held liable for defective products made by third parties.

Expert Analysis

  • What Calif. Justices' Anti-SLAPP Ruling Means For Employers

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    The California Supreme Court's recent anti-SLAPP opinion in Wilson v. CNN overturned decisions of several courts of appeal that said employees' retaliation or bias claims cannot be dismissed via the state's anti-SLAPP statute, rearming employers with a strong tool for defending against suits challenging an employee’s termination, say Sabrina Shadi and Joseph Persoff at BakerHostetler.

  • Post-Taggart, Debtors May Face Higher Pleading Standard

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    As interpreted by an Alabama federal court in Moore v. Automotive Finance last month, the U.S. Supreme Court's June ruling in Taggart v. Lorenzen has heightened the pleading standard for debtors in cases of discharge injunction violations and provided creditors with a new defense to these claims, say Shane Ramsey and John Baxter of Nelson Mullins.

  • Awaiting Answers On A Post-Bristol-Myers Class Question

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    Appellate courts will soon have an opportunity to weigh in on whether the U.S. Supreme Court's 2017 personal jurisdiction opinion in Bristol-Myers applies to unnamed class members. Consensus on the issue will establish greater predictability for defendants on where they might be called to face class litigation, say attorneys at Skadden.

  • Crafting Motions To Seal After 3rd Circ. Avandia Decision

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    In light of the Third Circuit’s recent precedent-setting decision in the Avandia marketing case, litigants should take four practical steps to avoid being surprised by disclosure of confidential information, say Andrew Erdlen and Jon Cochran of Hangley Aronchick.

  • IPR Strategy Suggestions For In-House Counsel

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    Recent Federal Circuit and Patent Trial and Appeal Board decisions on inter partes review offer in-house counsel new considerations regarding preemptive challenges, estoppel, redundant petitions and sovereign immunity, says Paul Haughey of Kilpatrick Townsend.

  • New Clarity On Expert Testimony In Pa. State Courts

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    The Pennsylvania Superior Court recently ruled that the forum state's law governs the sufficiency of expert testimony in Pennsylvania. The T.M. v. Janssen Pharmaceuticals case highlights the importance of detailed attention to procedural rules, say Louis DePaul and Carolyn Boucek of Eckert Seamans.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Opinion

    Illinois Tax Talk: Court Shouldn't Defer To Tax Tribunal On Law

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    This fall, the Illinois Supreme Court has the chance to correct the Appellate Court's erroneous finding in Horsehead Corp. v. Illinois Department of Revenue that courts owe deference to the Independent Tax Tribunal on matters of law, says Michael Wynne of Jones Day.

  • Can Text Messages Or An Airbag Cause A Suicide?

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    An infamous 2017 criminal case in Massachusetts and a recent civil case in South Carolina both hinged on whether other parties can be responsible for someone's suicide. Both cases suggest a trend toward applying traditional tort principles, and consideration of special factors suggesting the foreseeability of suicide, say Christopher Collier and Michael Arndt of Hawkins Parnell.

  • 5th Circ. Liquor Sales Ruling Skirts Commerce Clause Issues

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    The Fifth Circuit's decision in Walmart v. Texas Alcoholic Beverage Commission, upholding a Texas law that bans public ownership of retail liquor stores, suggests that there will continue to be tension between states’ 21st Amendment rights to regulate liquor within their borders and the U.S. Constitution's commerce clause, says Louis Terminello at Greenspoon Marder.

  • Uncertainty On Hospital Disproportionate Share Pay Eligibility

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    In two recent disputes over whether hospitals serving a disproportionate number of low-income patients qualify for additional payments under Medicare and Medicaid, hospitals can claim one tentative win at the U.S. Supreme Court and one loss at the D.C. Circuit, say Stuart Gerson and Rob Wanerman of Epstein Becker.

  • Fed. Circ.'s Arduous Legal Landscape For Diagnostic Patents

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    The Federal Circuit's recent opinion in Genetic Veterinary Sciences v. Laboklin continues the trend of invalidating claims to diagnostic inventions as being directed to patent-ineligible natural phenomena, and it highlights the challenges facing innovators attempting to protect such inventions, say attorneys at King & Spalding.

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • A Federal Pathway To Enforcing Tribal Court Judgments

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    The Ninth Circuit's decision in Coeur d’Alene Tribe v. Hawks provides tribal entities with the option of going to federal court to seek enforcement of tribal court judgments against nonmembers. This may provide litigants with enforcement opportunities that do not exist in state court, says Steven Gordon of Holland & Knight.

  • California Tax Takes: A Tool To Fight Underpayment Penalties

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    If the California Legislature adds tax claims to the ambit of the state False Claims Act, taxpayers would need to evaluate their potential exposure to the large corporate understatement penalty or consider challenging the penalty as an excessive fine, pursuant to the recent U.S. Supreme Court decision in Timbs v. Indiana, say attorneys at Reed Smith.