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Appellate

  • February 20, 2019

    W.Va. Tax Discriminated Against Federal Retirees, Justices Say

    The U.S. Supreme Court on Wednesday agreed with a federal retiree that West Virginia had discriminated against him under the doctrine of intergovernmental tax immunity by taxing his retirement benefits but not those of some similarly situated state employees.

  • February 19, 2019

    Trump Picks Ex-Kirkland Partner Rosen For Deputy AG Seat

    President Donald Trump unveiled plans Tuesday to nominate former Kirkland & Ellis LLP partner and current U.S. Department of Transportation Deputy Secretary Jeffrey Rosen as the new deputy attorney general, the White House said in a release.

  • February 19, 2019

    US Bank Can’t Save RMBS Suit, Keeps 2nd Chance In Another

    New York’s highest court handed down mixed rulings on Tuesday in a pair of residential mortgage-backed securities cases pitting U.S. Bank against a Credit Suisse-owned deal sponsor, saying that the bank can’t relate its way around a problem in one case but isn’t doomed by a key purported procedural misstep in the other.

  • February 19, 2019

    DC Circ. Says Pro-Israel Americans Must Face Conspiracy Suit

    The D.C. Circuit breathed new life into claims that Las Vegas Sands CEO Sheldon Adelson and other Americans helped fund Palestinian genocide by funneling money to Israel through banks and tax-exempt organizations, holding Tuesday that a lower judge wrongly found that the suit involved political issues she couldn’t adjudicate.

  • February 19, 2019

    'Absurd' To Argue PTAB Wins Bar Patent Cases: Generics Cos.

    The America Invents Act doesn’t stop patent challengers who won at the Patent Trial and Appeal Board from pursuing their winning arguments in court, and blocking that judicial path would lead to “absurd results,” a group of generic-drug makers told the Federal Circuit on Tuesday.

  • February 19, 2019

    9th Circ. Leaves Insurer On Hook In Legal Malpractice Case

    The Ninth Circuit has ruled that Liberty Surplus Insurance Corp. must help defend a lawyer who was accused of malpractice twice in two different policy years, saying the later policy covers the underlying case.

  • February 19, 2019

    Justices Take Hard Look At AIA Challenges By Gov't Agencies

    Both sides in a U.S. Supreme Court case over whether the government can file America Invents Act patent challenges faced tough questions Tuesday, as some justices questioned the fairness of barring federal agencies from the system and others worried the “deck is stacked” against patents the government targets.

  • February 19, 2019

    Troutman Sanders Lands Wisconsin's First Solicitor General

    U.S. Supreme Court lawyer Misha Tseytlin has joined the Chicago office of Troutman Sanders LLP after more than three years as Wisconsin’s first solicitor general, telling Law360 he’s “glad to be back” in private practice, where he will steer the firm’s appellate group.

  • February 19, 2019

    High Court Passes On Bid To Apply Lawyer Rule To Adjusters

    The U.S. Supreme Court on Tuesday declined to hear a case where a Texas homeowner, who alleged her Hurricane Ike damage claim was botched, tried to argue a special rule extending the deadline for filing legal malpractice claims applied to insurance adjusters as well as lawyers.

  • February 19, 2019

    Former U-Visa Holder's Son Too Old For Green Card: 3rd Circ.

    The U.S. Department of Homeland Security did not violate federal law by denying a derivative green card bid filed by a woman who became a legal permanent resident after receiving a U visa, as her son “aged out” before the agency could complete its review, the Third Circuit held Tuesday.

  • February 19, 2019

    Texas Justices Urged To Ax Negligent-Hiring Claim

    A lower appellate court should have dismissed a lawsuit against Endeavor Energy Resources LP because the rules limiting a property owner's liability for contractors' injuries can extend to a negligent-hiring claim over a contract employee's death at a drill site, The Texas Supreme Court was told in oral arguments Tuesday.

  • February 19, 2019

    High Court Roundup: Cert. Denials; EFF To File Amicus Brief

    The U.S. Supreme Court on Tuesday turned down appeals in several patent cases, including one by a Schlumberger Ltd. unit to revive its oil exploration patents that were at issue in another high court case over patent damages, while allowing the Electronic Frontier Foundation to file an amicus brief in a case asking if the government is a "person" that can challenge patents in America Invents Act reviews.

  • February 19, 2019

    High Court Denies Minn. Minimum Wage Preemption Petition

    The U.S. Supreme Court declined Tuesday to take up a Minnesota assisted living home’s appeal of an Eighth Circuit ruling that let a district court abstain from deciding the home’s challenge to the state’s minimum and overtime wage law.

  • February 19, 2019

    High Court Denies Hearing For NFL Diabetes Bias Suit Again

    The Supreme Court on Tuesday once again declined to review a suit by a New York woman who says the National Football League discriminated against her son because he has diabetes.

  • February 19, 2019

    Xitronix Patent Antitrust Row Not Welcome At 5th Circ. Either

    Xitronix’s antitrust suit alleging patent fraud against KLA-Tencor is going back to the Federal Circuit, which previously rejected the case, after a Fifth Circuit panel said in a published opinion that the case can plausibly be heard only by the appeals court with exclusive jurisdiction over patent issues.

  • February 19, 2019

    Facebook Manager Used Racial Slurs, Worker Tells 4th Circ.

    A black Facebook facilities worker urged the Fourth Circuit to revive his suit accusing the social media giant of denying him a promotion because of his race, arguing there was undisputed evidence his ex-boss frequently used racial epithets.

  • February 19, 2019

    Thomas Wants To Open Up Libel Laws. Don't Count On It.

    Overturning decades of U.S. Supreme Court case law that shields the media from defamation lawsuits — as suggested Tuesday by Justice Clarence Thomas — would be as radical as it sounds, and First Amendment experts say it's unlikely the rest of the court has any appetite for doing so.

  • February 19, 2019

    Justices Deny LLC Owner's Appeal Over Financial Privacy Law

    The U.S. Supreme Court on Tuesday declined to consider whether financial privacy law extends beyond individuals and partnerships to limited liability companies, rejecting a case from the owner of a Michigan LLC that had business records subpoenaed by the IRS.

  • February 19, 2019

    Contractor Says Lack Of Site Control Clears It In Injury Verdict

    A general contractor can’t be held liable for a portion of a jury’s award of $2.1 million to a subcontractor injured at a job site because it had no control over the actions that caused the injury, a Texas appeals court in Houston heard in oral arguments Tuesday.

  • February 19, 2019

    High Court Won't Hear Fight Over Md. Price-Gouging Law

    The U.S. Supreme Court dealt a final blow Tuesday to a landmark Maryland law aimed at stopping generic-drug makers from price gouging when it refused to review the Fourth Circuit's decision that the law is unconstitutional. 

Expert Analysis

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • An Important Class Issue The High Court Left Unresolved

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    In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

  • Disputes Heating Up Over Gov't Qui Tam Dismissal Authority

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    The government is increasingly exercising its authority to dismiss qui tam False Claims Act cases, and relators have mounted at least a dozen district court challenges in the past six months. Fundamental issues about control over qui tam litigation are now up for decision, says Jonathan Cederbaum of WilmerHale.

  • Oxbow: Alignment Is Key In Put Valuation Processes

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    The recent Oxbow Carbon Unitholder Litigation demonstrated many common put valuation issues, but also how an alignment mechanism can foster cooperation despite a highly adversarial relationship, say Kyle Gann and Jason Osborn of Winston & Strawn LLP.

  • The Difficulties Of Defending IPR Win On Appeal

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    The Federal Circuit has reversed or remanded inter partes review rulings because the Patent Trial and Appeal Board's analysis is flawed or incomplete. It may not matter what kind of record a victorious party made at the PTAB because only the decision is the subject of appeal, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Don't Look To Virginia For Double Tax Relief

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    Based on the Supreme Court of Virginia's decision last week in Corporate Executive Board Co. v. Virginia Department of Taxation, it appears that it would be difficult for any taxpayer to demonstrate that any particular instance of double taxation is attributable to Virginia, say attorneys at Reed Smith LLP.

  • Scope Of An Expert's 'Expertise' Can Make Or Break A Case

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    When selecting and proffering an expert, it is critical to ensure that the expert’s conclusions are actually based on his or her expertise. The recent Fifth Circuit decision in Sandifer v. Hoyt Archery Inc. clearly — and tragically — illustrates this point, says Adrienne Koch of Katsky Korins LLP.

  • What To Watch As Pa. Justices Consider Facebook-Post Firing

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    The Pennsylvania Supreme Court’s eventual decision in Carr v. Commonwealth of Pennsylvania could have a significant effect on how public employers in the state address employee social media use, say Ivo Becica and Qiwei Chen of Obermayer Rebmann Maxwell & Hippel LLP.

  • Pa. Court Extends Long Arms Toward Out-Of-State Cos.

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    Two recent Pennsylvania appellate court decisions held that any out-of-state company registered to do business in Pennsylvania is subject to suit in the commonwealth even if the suit has no connection to Pennsylvania. This interpretation of the statutory scheme presents out-of-state corporations with a Hobson’s choice, say attorneys at Greenberg Traurig LLP.